By Dr Nizar Kockery/Doha
Question: Is there a law for cyber crimes in Qatar? Can someone use social media to spread a family matter even if it is right?
Answer: Article 8 of Law on Combating Cyber Crimes (Law No 14 of 2014) stipulates that a sentence of not more than three years in prison and a fine of not more than QR100,000, or either of these penalties, shall be imposed on any person who, through an information network or information technology technique, violates social values or principles, publishes news, photos or video or audio recordings related to the sanctity of people’s private or family life, even if the same is true, or insults or slanders others.
No right to take disciplinary action
Q: I am working in a consulting firm in Qatar for the past three years. Now the company has given me a termination notice stating a reason outside the scope of employment. One month ago, I had some issues related to parking in our office building with manager of another company in the same building. The manager has reported the incident to my company and based on that information they have issued the termination letter. Is it legal to terminate on such a ground which is strictly personal? Please advise.
A: According to Article 62 (2) of the Labour Law, the company has no right to take disciplinary action against an employee for any act committed outside the workplace unless such an act is related to the employment and falls within the employee’s duties. Also, the employer should not penalise an employee on mere accusations. It is advisable to seek the assistance of the Labour Department for challenging the termination.
Illegal to work for another employer
Q: I have purchased 49% shares of a trading company in Doha with my friend and the Qatari partner holds the remaining 51%. We have executed the sale deed and the new CR has been issued. Now we have noticed that some of the employees of the company are working under other employer without authorisation. The old partners allowed them to work for another employer. Is it legal to work for another employer being under the sponsorship of our company? What is the law in this regard? Please advise.
A: It is illegal to work for another employer while being under other sponsorship. As per Article 16 of the Entry, Exit and Residence Law, an expatriate who was granted an entry or residency permit for a specific purpose, or any work at a specific place shall not violate of the purpose of authorisation or leave the work with recruiter or work at any unauthorised place. Furthermore, Article 23 prescribes that no natural or legal person shall permit any expatriate, who arrives in the country for work, to be employed by another employer, or employ labourers who are not under his sponsorship. Any person who violates these provisions of the Law shall be sentenced to a maximum imprisonment of three years or a maximum fine of QR50,000 or with both penalties.
Jail term, fine for ‘bribery receiver’
Q: One of our employees has collected a small amount of money from the customers for the services rendered. Presently, we don’t have any proof of that. If we get any proof for receipt of money, what action can be taken against the employee? What is the law regarding this? Please advise.
A: The employer can file a complaint against the employee before the police. According to Article 146 of the penal law, any employee who solicits or accepts for himself or another party, money or a benefit, or any promise thereof in return without the knowledge and consent of his employer to undertake any of the duties assigned to him or abstain from so doing, shall be considered as receiver of bribery, with a penalty of imprisonment for a term not exceeding three years or a fine not exceeding QR15,000 or both
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