Question: What are the obligations of the contractor where the specifications are not listed in the contract? We have signed a contract but the BoQ is silent on this.LK, DohaAnswer: If the agreement is silent on specifications, the contractor must use standard materials set by current practice. As per Article 684 of the Civil Law, if the contractor provides all or any of the materials, such materials shall be with the agreed specifications or shall be adequate for meeting the intended purpose. The contractor shall held be liable for any defects in such materials in accordance with the provisions of liability for defects in sold goods. Judgment based on a ‘forged document’Q: There was a case filed against me at the court in Dafna. I did not receive any notification of the court case and the court issued judgment three months before directing me to pay money. I found that the complainant had submitted some forged document to get the judgment in his favour. Is there any chance to reopen the case? Please advise. JS, Doha A: According to Article 165 of the Civil and Commercial Procedure Law, if a judgment is issued based on fraud made by a party or a forged document or perjury or due to non-production of a conclusive document in the proceedings being kept by the party, the time for appeal shall only start from the day that the fraud was disclosed or from the day on which the person who committed perjury has admitted his guilt or whose guilt has been proven upon a judgment or from the day the person is adjudged to have committed perjury, or from the day the paper that was kept has been produced.New work contract with new clausesQ: I am working in a company for past seven years as supervisor and now the company needs all staff to sign a new employment contract. The new contract has some new clauses which are not acceptable to the staff. I had discussed the same with the HR department and they said the old contract expired as a new management has taken over the company. Do we need to sign a new contract in such a case? The contract may prevent us from switching jobs. What is the status of the existing employment contract? Please advise. OE, Doha
A: According to Article 52 of the Labour Law, the employment contract shall not terminate in case of merger of the enterprise with another enterprise or transfer of its ownership or the right in its management to a person other than the employer for any reason. The new management shall be liable for the discharge of any obligations resulting from old employment contracts. It is not mandatory to issue a new employment contract. If the employer proposes to execute a new employment contract with revised terms and conditions, the employee may refuse to accept it if it is not in line with the present terms of employment.
December 22, 2018 | 01:17 AM