KO, Doha
Answer: A variation is an alteration to the scope of works in a construction contract in the form of an addition, substitution or omission from the original scope of works. The employer is entitled to vary the scope of works as per the terms of the contract. The right to order variation is not implied, and so there must be express terms in the contract which gives the power to instruct variations. The right of the employer to instruct variations may be limited by the contractual provisions. In the absence of such express terms, the contractor may reject instructions for variations without any legal consequences. In accordance with the terms and conditions of the contract, the employer may omit the work from the contract and may execute the works by himself or by any third party.
Settling dues of deceased worker
Q: What are the benefits due to an employee who died during the course of employment. If there are entitlements due to him, how should the company settle it? Do we need to co-ordinate with the concerned embassy or is there any provision in the prevailing law?
RCD, Doha
A: According to Article 55 of the Labour Law, if the worker dies during the employment for whatsoever causes, the employer shall within a period not exceeding 15 days from the date of death deposit with the court any wages or entitlements due to the worker in addition to the gratuity. A detailed report indicating the method of calculating the sums referred to and a copy of the same shall be delivered to the Labour Department.
The court shall distribute the deposited amount amongst the heirs of the deceased worker in accordance with the provisions of the Islamic Shariah or the personal law applicable in the country of the deceased. The court shall transfer the deposited amount to the State’s public fund on expiry of three years from the date of deposit if the person entitled to the amount is not known.
Changing jobs under new law
Q: I have completed three years in the same company and my contract is indefinite. Now another company has offered me a better position. But the current employer is not ready to issue no objection certificate for change. I came to know that as per law, I can change the sponsorship without any consent of the employer. How can I change the employer? Is there any ban to accept the new offer? Please advise.
HS, Doha
A: As per the new entry exit law (Law No. 21 of 2015), the employee can change the job with the approval of the government, either after the expiry of their contract or after five years of service with the employer if the contract is indefinite. If the employee wishes to change the employment before five years of service in case of indefinite contract, he or she is required to seek permission from their existing employer.
The new law abolishes ban on expatriates who want to come back to the country on a new visa. In case of cancellation of residency permit, the person will be able to return to Qatar to take up employment immediately after being granted a new visa. An expatriate who has got a new contract to work in Qatar can come back even the next day.
Landlord refuses to accept rent
Q: Our lease contract will expire in November 2017 and there is no provision for early termination unless agreed by both parties. But now landlord is directing us to vacate the premises because he is going to sell the property. When I approached him to pay the rent, he refused to accept it. Moreover, he is sending workers to carry out some maintenance without obtaining our permission. Is it legal to do so? What is the remedy available in case of non-acceptance of rent? Please advise.
TY, Doha
A: The landlord has no right to evict the tenant from the premises before the contract expires as long as the tenant is paying the due rent amount. If the landlord refuses to accept the rent, the tenant can pay the money to the Rental Dispute Settlement Committee and inform the landlord of such payment by registered post. The landlord or his representatives have no right to interfere in the tenant’s use of premises. According to Article 597 of the Civil Law, the landlord may not interfere with the tenant’s use of the leased property throughout the term of the lease, or make any change in the leased property or its annexes in a way that affects or prevents the tenant from its utilisation. Any interference by any of the representatives of the landlord shall be deemed as interference by the landlord himself.
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LEGAL SYSTEM IN QATAR
Whoever becomes aware of an offence or the existence of a plan to commit an offence and abstains from informing the concerned authorities without any valid excuse shall be punished with imprisonment of either description for a term not exceeding three years, or with fine not exceeding QR10,000, or with both. The penalty shall not apply to the spouse of the offender, his ascendants or descendants.
According to Article 187, any person who abstains intentionally from providing assistance to a person who is threatened by a serious danger to his person or assets if the said danger results from a general catastrophe when the abstainer is able to provide such assistance without fear of any danger shall be punished with imprisonment for a term not exceeding three years and/or a fine not exceeding QR10,000.
Anyone who, during practice of his medical or health profession, examines a corpse or gives first aid to a seriously injured person, and the body carries marks indicating that his death or injury was caused by a crime, or if it appears from other circumstances that the cause of death or injury is suspicious and he fails to inform the authorities thereof, shall be punished with imprisonment for a term not exceeding three years and/or a fine not exceeding QR10,000.
A fine not exceeding QR10,000 shall be imposed upon any official who is not assigned to investigate the case, and who neglects or delays to notify the concerned authorities of a crime which becomes known to him, in the course of or in respect of his job performance.
As per Article 190, whoever, in bad faith, gives written or oral false report alleging a criminal offence, which entails a penalty, to a public officer empowered to act upon the information shall be punished with imprisonment of either description for a term not exceeding three years, or with fine not exceeding QR10,000, or with both. The same penalty shall apply if the officer who receives the information is not empowered to act on the information.
Whoever notifies any public authorities of non-existent accidents or hazards, or of a crime knowing that it has not been committed, shall be punished with imprisonment for a term not exceeding five years and in such cases, the court may decide to compel the perpetrator to pay the expenses, which result from such false statements.
According to Article 192, whoever intentionally removes, opens or destroys any of the seals affixed to papers, places or other things by virtue of a judgment, judicial or administrative order shall be punished with imprisonment for a term not exceeding two years, or with fine not exceeding QR10,000, or with both.
Whoever unlawfully removes, destroys or unjustifiably takes possession of papers, deeds or official records deposited in government places and intended for storing, or delivered to the public officer assigned to take custody of the said items shall be punished with imprisonment for a term not exceeding three years or with fine not exceeding QR10,000 or both.
Whoever takes possession of or conceals from the postal officers or the officers of telecommunications, a letter, a cable, a package or a box, or opens any of them or discloses their contents of data or information or facilitates to others shall be punished with imprisonment for a term not exceeding three years or with fine not exceeding QR10,000 or both.