FR, Doha
Answer: Islamic law is the main source of legislation and the Shura Council (Advisory Council) is the chief legislative body. Draft laws that have passed through the Advisory Council are referred to His Highness the Amir for ratification. Article 106 of the Constitution stipulates the process. In the event that an exceptional matter arises which urgently requires a special law and the Advisory Council is not in session, the Amir may issue a decree which will have legal power pursuant to Article 70. Such decree-laws are reviewed by the Council once it has resumed sitting. New laws are published monthly in the Official Gazette by the Ministry of Justice. Laws take effect after publication in the Gazette and are normally not passed with retrospective effect. The Gazette is available in Arabic on the Ministry of Justice’s website.
Procedure for liquidating firm
Q: I am holding 10% share in a company which is engaged in trading and marketing. I am not very active in the company’s day-to-day affairs. The company was doing well since its beginning, but recently we had some issue with the partners. It has affected the overall performance of the company and we did not have much profit last year. Now the partners have decided to liquidate the company. If the partners agree to liquidate, what is the procedure to be followed? Please advise.
JS, Doha
A: According to Article 306 of the Company Law, the company can be liquidated according to the method of liquidation provided in its Articles of Incorporation or as agreed by shareholders upon liquidating the company. Accordingly, a limited liability company may be dissolved in accordance with its Articles of Association by way of a unanimous General Assembly resolution approving the company’s dissolution and appointing a liquidator to execute the liquidation process, unless otherwise Articles of Association mandates specific majority.
Repatriation expenses
Q: In the present conditions, our company does not have enough projects to engage all employees. So, the management has decided to reduce the workforce by terminating some employees. The employment contract is silent on repatriation expenses. The management has decided not to pay repatriation expenses as it is not mentioned in the contract. Is it legal? Is it mandatory to pay repatriation expenses along with other benefits? Please advise.
PS, Doha
A: The employer should pay the minimum entitlements to the employees according to the law and cannot waive such rights unless otherwise stated in the law. The employee is entitled for the repatriation expenses as per law irrespective of termination or resignation. As per Article 57 of Labour Law, the employer shall at its cost return the employee to the place of recruitment or to any place agreed upon between the parties on termination of employment contract. The employer shall complete the proceedings of returning non-Qatari worker within a period not exceeding two weeks from the expiry date of the contract. Only when the worker joins another employer before departure from the country, the obligation to return him to his country or other place shifts to the new employer.
Non-appearance before the court
Q: I received a court notice to be present before the Dafna court as witness in a case. I did not attend the court because I did not receive permission from the employer. Now I am confused, will the non-appearance create more trouble for me. What are the consequences if a person did not appear before court even after receiving notice? Please advise.
OP, Doha
A: 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 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 and if he fails to appear, he shall be sentenced to a fine of double the said amount. The court may exempt the witness from paying the fine if the witness appears before the court and offers an acceptable excuse.
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LEGAL SYSTEM IN QATAR
According to Article 449 of Civil and Commercial Procedure Law, the distrainer shall be notified of the attachment by way of summons that includes the occurrence of the attachment under possession of the garnishee, the date of attachment, the judgment or official deed under which the attachment has taken place and the amount for which the attachment is effected. Notification of attachment should be made in the ten days following the service of the summons upon the garnishee, otherwise the attachment shall be null and void.
As per Article 453, in all cases, the garnishee may fulfil obligation by depositing what was due in the treasury of the competent court, even if there is a claim as to invalidity of the attachment, unless the attachment is lifted upon an agreement between the parties or a judgment of the court.
Attachment shall remain in effect on amounts that are deposited in the treasury of the court in compliance with the provisions of the Article 453. The Registry of the court shall notify the distrainer and distrainee of such deposit within three days by way of a registered letter. A deposit shall be appended with a statement signed by the garnishee of all attachments that fall under possession, dates of summons, names of distrainers and distrainee, their capacity, the domicile of each, the deeds through which all attachments have been made and the amounts in lieu of which these attachments have been effected.
According to Article 457, if attachment is under control of one of the government authorities, public institutions or subsidiary units, these institutions shall give the distrainer, upon request, a certificate that stands as admission of the debt.
If the garnishee is dead or incapacitated or has lost capacity or if his capacity or that of representative has lapsed, the distrainer may notify the heirs or their representatives by way of a copy of the attachment paper and obligate him to provide the report of the debt within fifteen days.
As per Article 459, a claim pertaining to the notice made by the garnishee on what is under his control shall be filed before the judge of execution.
If the garnishee insists upon abstaining from reporting the debt pursuant to the method stipulated in this law or misrepresents information or conceals the papers that should be filed to support the report, he shall be sentenced to pay the creditor, who acquired the deed of execution to confirm his debt, the distrained amount upon which distraint is effected. In all cases, the garnishee shall be obligated to pay compensation as a result of his negligence or delay.
According to Article 462, the garnishee shall, after 15 days from the date of reporting his debt, pay the distrainer the amount that he admitted or the amount that fulfils the entitlement of the distrainer, if it is proved that the entitlement at the time of payment is proved by a deed of execution. If the new attachment is conducted after the lapse of the aforementioned date, it shall have effect only on the excess of the debt of the first distrainer. If there are numerous distrainers and the admitted amount for payment of all their debts is insufficient, the garnishee shall deposit this amount in the treasury of the court for it to be divided.
If attachment is conducted on movables, they shall be sold as per the established procedures of selling the movable which is attached to the debtor without effecting new attachment on the movables.
