AD, Doha
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.
SK, Doha
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.
SE, Doha
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.
SH, Doha
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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LEGAL SYSTEM IN QATAR
According to Article 72 of the Criminal Procedure code, the investigation shall be conducted in Arabic, and the Public Prosecution member shall hear the statements of parties or witnesses who do not speak the language through an interpreter after taking an oath to perform his duty truthfully and honestly. If documents or papers have been submitted in a language other than the Arabic language, the Public Prosecution member shall delegate a translator after taking the oath. The investigation procedures results shall be considered as confidential. Public Prosecution members and their assistants, clerks, experts and others who participate in or are involved in the investigation as a part of their jobs or their professions, shall not disclose such confidential information. Any person who violates this provision shall be subject to the penalty prescribed for the crime disclosing confidential information in the Penal Code.
The Public Prosecution member shall move to any place, to record the status of persons, places and crime-related matters, and all that is required to be recorded, whenever this is required in the interests of the investigation.
As per Article 75, residence search is considered as a part of investigation work, and shall not be conducted unless by a written permission from the Public Prosecution, if the investigations reveal that the owner or resident has committed a felony or misdemeanor or participated in its commission, or there are indications that he possesses things related to the crime.
The permission may include every residence owned by the suspect or in which he resides, even temporarily. The search shall be conducted to seize items which were used in the commission of the crime, or were subject to or result of the crime, and whatever is useful in revealing the facts. The search shall be conducted in the presence of the suspect or his representative, whenever possible.
The Public Prosecution member may search the suspect, and may not search any person other than the suspect or a residence of another person other than that of the suspect, unless there are firm indications that it possesses things useful in revealing the facts.
According to Article 76, without prejudice to the provisions of the search of residences provided for herein, the following conditions shall be considered: (1) The Public Prosecution shall specify in the search warrant the parts of the residence to be searched and whether it includes the entire residence and its extensions or specific parts thereof; (2) The search of female sections in the dwelling shall be conducted by a female; and (3) Religious values, customs and traditions prevailing in the society shall be respected.
The Public Prosecution member may, by a written order from the public prosecutor, seize at the post office all letters, printings, publications, packages, telegrams, and monitor wired and wireless conversations and records of events in private premises whenever it is useful in revealing the facts with regard to the following felonies: (1) Crimes against the State’s external or internal security; (2) Crimes provided for in the law of Controlling Narcotic Drugs, Dangerous Psychotropic Substances and Regulating their Use and Trade therein; and (3) Crimes set forth in the Law of Weapons, Ammunition and Explosives.
Seizure, monitoring or recording in cases other than the above mentioned shall be by order of a judge of a Court of First Instance having jurisdiction. In all cases the order shall be for a period not exceeding 30 days, renewable for a similar period or periods as long as the reasons for the action exist.
