AS, Doha
Answer: In cheque bouncing matters, criminal proceedings are generally not concerned with defences based on the underlying transaction or the circumstances in which a dishonoured cheque was given. Any defence, such as a contention that the cheque was given as a guarantee or a security, will not assist the accused in a criminal charge under the Penal Laws. The beneficiary’s knowledge at the time of receiving a cheque that it does not have sufficient fund is held to be of no effect on the drawer’s criminal liability.
Termination during maternity leave
Q: The management has decided to retrench employees due to the adverse condition by terminating them. In case of such termination, can we terminate employees who are under maternity leave? The management has also decided to amend its leave policy, so in such case what should be the minimum criteria in granting maternity leave? Please advise.
JH, Doha
A: Article 98 of the Labour Law stipulates that the employer may not terminate the service contract of a female worker due to her marriage or during availing maternity benefits as provided in the law. Also, the employer may not notify of the termination of her service contract during this leave and may not send her a notification which expires during the said leave.
As per law, a female worker who has been employed by an employer for a complete year shall be entitled to maternity leave with full pay for a period of 50 days. Such maternity leave shall include the period before and after the delivery provided that the period following the delivery shall not be less than 35 days. This leave shall be granted subject to a medical certificate issued by a licensed physician stating the probable date of delivery. If the remaining period of the leave after delivery is less than 30 days, the female worker may be granted a complementary leave from her annual leave. Otherwise the complementary period shall be deemed to be a leave without pay.
Failing to attend court hearing
Q: An expert from the court has directed me to report with regard to a dispute relating to a project. Due to some personal inconveniences, I cannot attend the hearing on the suggested dates. What will be action taken for not attending the hearings? What will be the effect of such failures? Please advise.
YJ, Doha
A: As per procedural law, the expert shall hear the litigant’s statements, receive documents and remarks. If any of them fail to appear before him, or fail to present his instruments, or else fail to implement any one of the expert proceedings on the specified terms, so that it becomes impossible for the expert to assume his duty or conduce to retardation in assuming thereof, he may move for the court to pronounce a ruling punishing the litigant.
The court may rule a fine or suspension of the action for a period not exceeding six months under Article 67 of procedural law. According to Article 67, the court shall order any of its employees or the parties that fail to file the documents or to take any of the litigation proceedings within the time limit specified by the court to pay a fine of not more than QR500 pursuant to an order noted in the minutes of the hearing. The court order that imposes a fine shall have the force of executive decree and shall not be subject to appeal.
No right to cut power connection
Q: We are engaged in real estate business and the tenants failed to make the rent payments accurately. We faced many difficulties due to such delays. As part of recovery of the due rent without delay, do we have the right to disconnect the electricity? Please advise.
GH, Doha
A: When there is a lease contract and tenant residing therein, lessor have no right to cut the electricity connection for any reason. In the event of non-payment, the lessor can file a rental case before the Rental Disputes Settlement Committee to claim for the rent and termination of the contract.
*Please send your questions by e-mail to: [email protected]
LEGAL SYSTEM IN QATAR
According to Article 318 of the penal laws, whoever illegally kidnaps, arrests, detains or deprives any person of their freedom shall be punished with imprisonment for a term not exceeding 10 years; however, punishment shall be for a term not exceeding 15 years in the following cases: (1) if the act results from assuming a public capacity or pretending to be performing or in charge of a public service, or making false contact; (2) if the act is committed by trickery, by force or under duress, or by inflicting physical or psychological torture; (3) if the act is committed by two or more persons, or by an armed person; (4) if the period of abduction, arrest, detention or deprivation of freedom exceeds fifteen days; (5) If the purpose of the act is ransom, assault, hurt, or oblige the victim to commit adultery or a crime; (6) if the act is perpetrated against a public office holder in the course of his duties or in pursuance thereof; and (7) if the victim is a woman, a minor, a person of diminished capacity. If the act leads to death of the victim, punishment shall be the death penalty or life imprisonment.
A culprit shall be exempted from punishment if he voluntarily surrenders to the competent authorities before they discover the place where the kidnap victim is being held, and reveals the identity of other culprits and leads to the rescue of the kidnapped person without any harm. This exemption shall not apply if the abduction is related to any other delinquency.
As per Article 322, whoever compels a person to work with or without pay other than legally permissible cases shall be punished with imprisonment for a period not exceeding six months or a fine not exceeding QR3,000 or with both penalties. If the victim is under 16 years of age, the punishment shall not exceed six years’ imprisonment and/or a fine not exceeding QR10,000.
According to Article 323, whoever commits trespass by entering into residential premises, or at premises intended for residential purposes or annexes thereof or a place for custody of property, without the consent of the owner or in contrary to the stipulations of the law, shall be punished with imprisonment for a term not exceeding one year or with a fine not exceeding QR5,000, or with both of these penalties. The punishment shall not exceed five years if the crime happens at night through breaking or trespassing, if the offender is armed, or the crime is committed by more than two people or the person assumes a fake identity or falsely claims to be performing a public duty.
Whoever legally enters into or upon property in the possession of another and remains therein after executing the purpose of entry, shall be punished with imprisonment for a term not exceeding one year or with a fine not exceeding QR5,000 or with both.
According to Article 325, whoever threatens to hurt someone or to damage their wealth or reputation, or to hurt someone and distort the reputation or wealth of someone in whom they have a vested interest, whether the threat is verbally or in writing or through acts intended to hurt someone or distort the reputation and wealth by coercing the victim to commit or omit an act, shall be liable to imprisonment for a term not exceeding three years or with fine not exceeding QR10,000, or with both penalties.