Rules governing NOC for expat job-seekers
January 12 2019 12:06 AM
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legal

By Dr Nizar Kochery/ Doha

Question: I have been working in Qatar for past two years as an IT engineer. I have signed an unlimited job contract with the company I am currently employed. I have received a new job offer now. My current company will not provide NOC, but they are ready to cancel my Visa after serving a notice period for one month. Is it possible for me to come back to Qatar after cancelling my current RP? Please advise.

MU, Doha

Answer: As per the entry, exit and residence law (Law No 21 of 2015), the employee can change the job with the approval of the government, either after the expiry of his contract or after five years of service with the employer if the contract is indefinite. In case of cancellation of residency permit, the person will be able to return to Qatar to take up employment immediately after being granted a new visa. An expatriate who has got a new contract to work in Qatar can come back even the next day. There is no requirement of a no-objection certificate from the previous employer in such circumstances.

Punishment for
baseless complaints
Q: My neighbour creates issues in the apartment. He calls police for help making baseless allegations and complaints about others. Most of the time, it is proved that the complaints raised are baseless and false. He troubles everyone with such complaints. What action can be initiated against him for making such allegations and complaints? What is the law in this regard? Please advise.

DLK, Doha


A:According to Article 190 of penal laws, whoever, in bad faith, gives written or oral false report alleging a criminal offence, which entails a penalty, to a public officer empowered to act upon the information shall be punished with imprisonment of either description for a term not exceeding three years, or with fine not exceeding QR10,000, or with both.

Liquidation of
a company
Q: I hold 12% shares in a LLC company in Qatar, which is under liquidation now. Myself and Qatari partners are not active partners in the company. The day-to-day activities of the company were managed by another partner. Now the company is running in loss and the managing partner has left the country without settling the issues. We, the remaining partners applied for liquidation of the company. Some of the creditors are enquiring about their due payments directly to the Qatari partners and he is upset with situation. We are unaware of the total outstanding amount and details of the creditors. The court appointed the liquidator. How the liquidator will settle the debts? Please explain.   

SI, Doha


A: The liquidator shall, by registered letter, notify all creditors on the commencement of liquidation, and shall invite them to submit their claims against the company. The notice shall be published in two local newspapers, of which one shall be in Arabic language, and on the website of the company if any, if the creditors or their places of residence are not known. According to Article 313 of the Commercial Company law, the liquidator shall settle the debts of the company after the payment of liquidation expenses including remuneration of the liquidator in the following order of priority: (1) Amounts due to the company employees; (2) amounts due to the State; (3) rent due to the landlord of any property rented to the company; and (4) other due amounts each in accordance to its preference with respect to operative legislations.

Notice from
Thanfeedh court
Q: Qatar Civil Court had issued a judgement against my company and we have filed an appeal. Now we received a notice from the Thanfeedh court. Understand that this is for execution. How is execution possible when appeal case is pending? Please advise.

WR, Doha

A: As per Article 181 of the Civil and Commercial procedure law, filing an appeal against the judgment shall not stay the execution proceedings. The court hears the appeal and may order for stay of execution, whenever it is requested to do so by way of a specific petition for that purpose. If the execution would cause unavoidable harm, the court may, when ordering a stay of execution, order payment of security or whatever it deems appropriate to guarantee the right of the claimant.

* Please send your questions to [email protected] 

Last updated: January 12 2019 08:28 AM


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