By Dr Nizar Kochery/Doha
Question: A case was filed in the Qatar Civil Court, but the petitioner died due to illness. Will the case be cancelled or not?
Answer: As per Article 85 of Civil and Commercial Procedure Law, the course of litigation shall discontinue by operation of the law due to the death or incapacity of one of the parties unless the lawsuit is ready for judgement on its merits and then the court may hear the lawsuit based on final statements and applications or postpone it at the request of those who represent the party that has died or is incapacitated or has lost capacity to proceed or at the request of the other party. The lawsuit shall be deemed to be fit for judgement on merits whenever the parties have submitted their final statements and applications in the hearing before the death or incapacity or loss of capacity to proceed with litigation.
Probation period and service benefits
Q: I started working in a computer hardware shop in 2013. Now I have decided to resign and return to my home country. While calculating the service benefits, the company has excluded six months from my service as probation. They have denied benefits for that period. Is it legal to do so? Is it legally required to have a probation period of six months at the beginning of the employment? Please advise.
A: The probation period is the discretion of the parties, which can be maximum for a period of six months. The parties to the contract may agree to start employment without probation as probation is not compulsory under the law. According to labour laws, once completed, the probation period is considered as part of the overall employment term and is taken into account when calculating gratuity and other terminal benefits. All benefits accrued during the probation period must be paid along with repatriation costs. The employer has no right to exclude the probation period from calculation of service benefits.
Party fails to settle payment
Q: Our company has been awarded with a contract for the supply of materials for a project. It was agreed in the contract that the materials will be supplied in three parts and payments will be settled after 20 days of receipt. The party has failed to settle the payment due as per the contract and we face difficulties to continue with contract because of the financial issues. In such a case, what action can be initiated ? How can we terminate the contract?
A: According to Article 183 of the Civil Code, in contracts binding on both parties and imposing reciprocal obligations, where one of the parties fails to perform his obligation, the other party may, after serving a formal notice on the other party, demand performance of the contract or dissolution of the contract, and may claim any damages caused by such failure to perform. The judge may grant additional time to the debtor, if it is necessary as a result of the circumstances. The judge may also reject the application for dissolution of the contract if the obligation not performed is insignificant compared with the obligations considered in their entirety.
Landlord refuses to accept rent
Q: Our landlord wants us to vacate the building and is refusing to accept the rent. We have a contract which is valid up to March 2019. We have heard that we can deposit the rent in the court if the landlord did not accept it. What is the procedure for making rental payments to the court? Please advise.
A: According to the rental laws, if the landlord refuses to accept the rent, the tenant may, within seven days of the date of such refusal, notify the landlord, by registered letter, that the rent is due to be received within seven days, and if the landlord does not accept such rent within the specified period, the tenant shall deposit the rent with the treasury of the Committee for Settlement of Rental Disputes, against no fees. This shall be considered as payment of the rent on the prescribed date.
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