HJ, Doha
Answer: According to Article 268 of Civil and Commercial Procedure Law, if the witness has been properly summoned to appear before court and fails to do so, the court shall sentence him to a fine of QR200. This judgment shall be recorded in the session minutes, and shall not be subject to appeal. In extremely urgent cases, the court or the deputed judge may issue an order through the police for the witness to appear.
However, in other cases, the witness shall be re-summoned to appear before the court, if so required, with all expenses of the said summons to be borne by the witness. If he fails to appear, he shall be sentenced to a fine of double the said amount. The court or deputed judge may issue an order to summon the witness to appear before the court. The court or deputed judge may exempt the witness from paying the fine if the witness appears before the court and offers an acceptable excuse.
Annual leave entitlements
Q: As the representative of the management, I want to know more on the annual leave and leave salary. Every employee is entitled for annual leave as per the Labour Law. Can the management refuse to pay the leave salary if the employee resigns from the job without utilising the leave? Please advise.
JA, Doha
A: Under Article 80 of the Labour Law, the employer shall fix the date of the annual leave for the worker in accordance with the work requirements and may divide the leave with the consent of the worker provided that the division shall not be into more than two periods. The employer may on a written application of the worker, postpone not more than half of the annual leave to the year following the year of its entitlement. The worker who has completed one continuous year in the service of the employer shall be entitled to an annual leave of not be less than three weeks for the worker whose service is less than five years and four weeks for the worker whose service is more than five years. Under Article 81, the worker shall be entitled to payment in lieu of his annual leave equivalent to his wage for the leave days to which he is entitled if the contract is terminated for any reason before the worker takes his leave.
Punishment for drunk driving
Q: My friend has been arrested for drunk driving and is in custody now. His family is contacting me for the details of the case. When I enquired with the department, they said the case is transferred to court and the hearing is next month. What will be the punishment for drunk driving as per Qatar law? Please explain.
GS, Doha
A: As per Article 57 of the Traffic Law, any person who drives a motor vehicle under the influence of alcohol or drugs or any other psychotropic substances shall be punished according to Article 94 of the law, by which the offender shall be sentenced either to imprisonment for not less than one month and not more than three years or a fine not less than QR10,000 and not more than QR50,000.
Staying in Qatar after expiry of RP
Q: I got terminated from the employment but didn’t have an opportunity to transfer my visa. I am staying with my family and I cannot move from Qatar quickly. In such a case, for how long can I stay in Qatar without renewing our visas? Please advise.
DG, Doha
A: According to Article 36 of the Entry, Exit and Residence Law, in case of expiry of residence or rejection of its renewal, the minister or his representative may grant the person who is authorised to reside and his family a grace period to leave the State not exceeding 90 days of the date of expiry of residence permit or rejection of its renewal. Such a period may be extended if necessary.
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LEGAL SYSTEM IN QATAR
Civil and Commercial Procedure Law (Law No. 13 of 1990) sets out the rules and standards that courts follow when adjudicating civil lawsuits. No claim or defende from a person shall be accepted unless the person has an existent and legal interest recogniwed by the law. However, the potential interest shall be sufficient if the purpose of the request is a precaution against imminent damage or to ascertain a right where the evidence can be lost at the time of dispute is feared.
Every summons or execution shall be served through the police or any other authority appointed by the Supreme Judicial Council at the request of the other party to the Registry of the court or by a court order. If the law stipulates a specific date for a procedure to be undertaken after the summons, this date shall not be complied with unless the party concerned was informed of such a date.
According to Article 4, courts shall have the jurisdiction to settle the following: (1) Civil and commercial lawsuits and disputes, except those that are excluded by law. (2) Lawsuits and disputes pertaining to binding contracts or public works or import contracts or any other administrative contracts. (3) Lawsuits and disputes pertaining to personal status and inheritance.
Without prejudice to the provisions of Civil and Commercial Procedure Law, if a dispute arises between an employee and an employer pertaining to the Labour Law, they shall refer their dispute to the labour authority. The latter shall take the necessary measures to settle the dispute amicably. If settlement fails, the authority concerned shall refer the dispute within a week from the date it was brought before it to the competent court. The referral shall be attached with a memorandum containing a summary thereof, arguments of both parties and observations of the said authority. The Court Registrar shall, within three days from referral of the dispute, specify a date for hearing within two weeks from the referral date.
The individual shall be served with the summons personally or it shall be served at his residence. It may be served at the chosen domicile in the circumstances specified by the law. If the bailiff does not find the person to be summoned at his residence, he shall deliver the summons to the person who declares as representative or employee or the residing with him or a spouse, relative or in-law. If the person to be summoned is a public official, the court may direct the summons to him at his workplace.
If the bailiff does not find any person competent to serve the summons upon in accordance with the aforementioned Article or if the person found refuses to sign the original or acknowledge receipt, or refuses to receive a copy, then the bailiff shall state such fact in the original and the copy of the summons and deliver the copy on the same day to the police station in whose jurisdiction the residence of the person to be summoned is situated.
The bailiff shall send within 24 hours a letter by registered mail to the person to be summoned at his original residence, informing him of the police station at which the copy of the summons was delivered. The court shall consider the summons served in accordance with this Article to have legal effect from the time of delivery of the copy to the police station or order the re-summoning of the person in any other appropriate way.
