Question: I use the same PO Box number as that of my landlord. I receive my letters and parcels after being opened by someone. I have informed this matter to my landlord, but to no avail. Is there any provision in the law which deals with such a situation? Please advise.
FA, Doha
Answer: According to Article 333 of the penal laws, whoever illegally intrudes into another person’s private life and without their consent through opening a letter or telegram against the will of the addressee; or eavesdrops on a telephone conversation; or records or transmits conversations that took place in a private place or through any kind of apparatus; or takes or transmits somebody’s photographs or photographs of other persons in a private place using any type of device; shall be liable for imprisonment for a term not exceeding one year and/or a fine not exceeding QR5,000.
Penalty adjournment
for convicted couple
Q: In a family, the husband is presently in jail. Being authorised signatory of their company, the wife also will be served with imprisonment orders. They have small children. Can the wife get any relief for this reason?
SR, Doha
A: According to Article 356 of the Criminal Procedure Law, if a man and his wife are convicted of a custodial penalty, even for different crimes and were never imprisoned before, the enforcement of the said penalty is adjourned for one of them until the other is released, in case they have a child who is not 16 years old, and they have a known residency in Qatar.
Restitution of
rented property
Q: Our company, which is mainly into construction contracting, has operations in the real estate business also. We have subleased many buildings in Doha to many clients. We follow a standard form of lease contract. One of our clients who has rented a villa portion in 2014 wishes to vacate the premises. When we inspected the building before returning the key, we noticed many damage to the walls and fittings of the building. We have issued notice to the tenant to do maintenance or to pay charges for maintenance. Both options were rejected by the tenant who argued that the damage existed before contracting. The contract did not mention anything specific on the condition of building. In such a case, who will be liable to do the maintenance? Please advise.
SH, Doha
A: According to Article 617 of Civil Law, the lessee shall return the leased property in the same condition as it was when he initially received delivery thereof, except for any loss or damage not caused by him. If there is no agreement in writing setting out particulars of the property which was drawn up at the time of delivery, the lessee is presumed, subject to proof to the contrary to have received the property in good condition. The costs of restitution of the leased property shall be incurred by the lessee unless the agreement or prevailing custom otherwise provides.
Responsibility for
damage to machinery
Q: In our company, a machine was damaged due to negligence of some workers, and after inquiry the management concluded that the supervisor has to compensate for the loss. I am the supervisor and a notice was issued informing that the compensation amount shall be deducted from my salary. The management has not listened to my explanation before making such an order. It has excluded the workers who were directly involved in it. Can I approach the Labour Department against the action of management? Is it legal to deduct the salary? Please advise.
JS, Doha
A:The employee may appeal against the decision of the employer on the valuation of the compensation to the Department of Labour within seven days from the date of notification. If the department cancels the decision of the employer or evaluates a lesser compensation due from the employee, the employer shall return the amount which he has deducted in excess without a right thereto within not more than seven days.
According to Article 71 of Labour law, the employee shall be obliged to compensate the employer for the loss of, damage or destruction to machinery, products or equipment of the establishment as a result of his fault provided that the obligation of the employee for the compensation shall be preceded by an enquiry. The employer may deduct the value of the compensation from the wage due to the employee provided that the value of the compensation does not exceed the wage due to the employee for seven days in one month.
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