Question: I have given a loan to a friend when he was in financial difficulties. Later there was a case and travel ban against him. As there was an emergency, he asked for removal of the travel ban and issued a letter stating that one of his relatives will repay the money and provided his ID card copy. I also signed agreeing to this document. Believing him I removed his travel ban. But now he left Qatar and the relative is saying that he has no obligation. What’s the law? I have no agreement with the relative. Please advise.
GH, Doha

Answer: According to Article 177 of the civil law, a contract shall not create any obligations binding upon third parties but may grant rights in such third parties’ favour. If a person who promises to another person to oblige a third party to an obligation, such promising party shall be bound by such obligation and not third party. If the third party refuses to undertake the obligation, the contracting party shall be liable to compensate the other party against any damage due to the breach of undertaking, unless the contracting party who made the undertaking fulfils the obligation himself without causing any damage to the other party. If the third party accepts the obligation, the promising party shall not be legally obliged and the third party shall be bound by such undertaking from the time of acceptance, unless the acceptance indicates expressly or by implication that the acceptance is retroactive as from the date of the agreement between the contracting parties.

Giving a false
testimony in court
Q: My company has filed a false case against me and terminated me from the job. A colleague of mine who was a witness to the case did not give proper statement before the court that would be against the company. Being a witness to a case, if someone gives false statement before the court regarding the subject matter of the case, is it possible to take any action against such a false statement? Please advise.    
HS, Doha
A: According to Article 172 of Penal law, whoever, being a witness who, after taking the oath before a judicial or investigative authorities, gives false testimonies or withholds all or some of the information of which he is aware regarding the facts of the case concerning which his testimony is being made, shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding QR10,000.

Company refuses
to pay gratuity
Q: We want to terminate an employee as the management found him unfit for the company. The management does not want to pay him the gratuity or benefits. In what situations the employer can refuse to pay the benefits to the employee? On the other hand, what are the minimum benefits that an employer should pay to employee on termination? Please advise.
ON, Doha

A: An employee is not entitled for any benefits if he or she is terminated under Article 61 of the Labour law. According Article 61, the employer has right to terminate the employment contract without any notice period or end-of-service benefits for reasons of gross misconduct such as false identity or nationality or submitted false certificates or documents, any act which causes gross financial loss to the employer, an assault on the person of the employer, disclosed confidential information, convicted for a crime involving immorality or dishonesty, drunk or under the influence of drugs during working hours or absent from work without legitimate cause for more than 7 consecutive days or 15 days in one year, etc.
Article 54 of the Labour Law stipulates that an employee who has completed a period of minimum one year of continuous service shall be entitled to gratuity on the termination of employment. The gratuity shall be calculated based on the basic wage on the date of entitlement. Accordingly, the basic salary on the date of termination will be the basis for calculation of the same. The employee will be entitled for gratuity minimum @3 weeks basic salary per year of service. The employee is also entitled for leave salary and repatriation expenses.

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