NS, Doha
Answer: The lease contracts can be terminated according to the terms and conditions of the contract. If the contract is silent on early termination, the tenant can request the court for termination of the contract according to Article 632 of the civil laws of Qatar. As per Article 632, in the event if serious unforeseen circumstances arise in connection with either party which make the continuation of the lease unduly burdensome to such party, the court may, on demand by such party and upon a comparison of the interests of both parties, terminate the lease and fairly indemnify the other party.
Liability of third party
in business contract
Q: A few years back I introduced a businessman from my native place to a partner in Qatar. In their MoU I acted as a witness. Later they formed a company and conducted business. I have never been a part of their business. Now, when the business ran into losses they made an agreement that in his (the person from my native place) absence I will be responsible. They have also issued a power of attorney appointing me as his representative without my knowledge. The local partner (of the businessman from my native place) showed me these documents and warned that I will be responsible. How far can this document make me liable?
WE, Doha
A: According to Article 177 of civil law, a contract shall not create any obligations binding upon third parties but may grant rights in such third parties favour. If a person who promises to another person to oblige a third party to an obligation, such promising party shall be bound by such obligation, not the third party. If the third party refuses to undertake the obligation, the contracting party shall be liable to compensate the other party against any damage due to the breach of undertaking, unless the contracting party who made the undertaking fulfils the obligation himself without causing any damage to the other party. If the third party accepts the obligation, the promising party shall not be legally obliged and the third party shall be bound by such undertaking from the time of acceptance, unless the acceptance indicates expressly or by implication that the acceptance is retroactive as from the date of the agreement between the contracting parties.
Legal action against
‘errant’ housemaid
Q: I have been living in a rented flat in Qatar for the past 5 years along with my family. We hired a housemaid in our flat one month back. It is noticed that the daily chores assigned to the maid is not being completed on time. We have also noticed that the maid intentionally destroyed our home appliances for no reason. We have decided to fire her. But she is not ready to compensate for the loss. What legal action can we initiate against her for such acts? Please advise.
JS, Doha
A: A police complaint could be filed for destroying the home appliances. According to Article 389 of the Penal law, any person, who intentionally destroys, damages or spoils, another person’s movable or immovable properties, or makes them unusable, invaluable, useless or invalid, shall be punished with imprisonment for a term not exceeding three years and/or a fine not exceeding QR10,000.
Last date for claiming
end of service benefits
Q: As per Qatari law, is there any last date for claiming the end of service benefits? I resigned my job 6 months back and I am still waiting for benefits from the company. Do I have any right to get the benefits till the date of settlement? Please advisee.
AM, Doha
A: According to Article 10 of the Labour Law, subject to the provisions of Article 113, the right to file a lawsuit for a claim of the entitlements, accruing under the provisions of the law or the service contract shall lapse only by the expiry of one year from the date of expiry of the contract. This means that claims will be entertained legally even after resignation but within one year from the date of termination of the employment contract. The end of service benefit is calculated based on the duration of the employment, not according to the date of payment or settlement.
* Please send your questions to [email protected]