By Dr Nizar Kochery /Doha
Question: My friend borrowed money from me for his personal use and agreed to return it after three weeks. Now when I request for the repayment he refuses to pay. I have a document signed by him and I filed a civil case against him using that document. I received the judgment in my favour. Now the case is in the execution court. Now I came to know that he got terminated from his job because of the case. In such a case, how can I impose a travel ban on him? Will it take much time? Please advise.
Answer: As per Article 405 of Civil and Commercial Procedure Law, a judgment creditor may move before the execution judge to order stop travel of the judgment debtor and the court may issue orders banning travel. An order for a travel prohibition shall be submitted with a petition along with its reasons. The court may issue such orders upon the petition by a creditor that the creditor fears the escape of the debtor. But, issuing an order for a travel prohibition shall not breach the power of an authority to terminate the residence permit of the non-Qatari debtor or order him to depart the country or deport from the country, if the public interest so requires (Article 407 of Civil and Commercial Procedure law).
Punishment for abusing in public
Q: My friend had a difference of opinion with a person in a public place. Out of anger, he abused my friend in public. What action can be taken against that person who abused? As per law in Qatar, what punishment will be imposed on the offender? Please advise.
A: The victim can file a complaint before the police against such a person for use of abusive language. According to Article 329 of the Penal Law, any person cursing a third party in public through addressing improper words affecting their honour and dignity shall be punished to imprisonment for a term not exceeding one year in prison or a fine not exceeding QR5,000 or both.
Claiming payment dues from liquidator
Q: Our company has filed a case against the main contractor for recovery of the due payment. The court awarded the verdict in our favour and an execution case is also filed. The main contracting company was under liquidation and we were expecting the fund through the liquidator. Now we came to know that the liquidation procedures are over and the company is officially deregistered. But still we did not receive any payment. Now we have planned to move against the liquidator for the payment. Is there any limitation period for claiming the money from liquidator as per Qatar law? Please guide.
A: Except in case of joint venture companies, the creditors’ right to sue companies for acts related to company’s business shall expire after three years. In case of liquidation, this period shall start from the date of completion of the liquidation. As per Article 321 of the Company Law, no claim against the liquidator concerning the liquidation activities shall be heard after the expiry of three years from the declaration date of the end of liquidation and no claims against the partners based on the company activities or against the managers, board members or auditors based on the acts done in pursuance of their functions, shall be heard after such period.
New employer ‘must pay entitlements’
Q: I am working in a small grocery shop in Doha since 2012. Now the shop has been sold to another person and new management is running the business. Last week when I applied for annual leave, the management refused to grant it saying that I have to complete service of one year under the new management. As per the law, is this correct? Does the change of management affect my contract terms?
- SA, Doha
A: As per Article 52 (2) of the Labour Law, the transfer of ownership shall not affect the terms and conditions of the employee. The new employer shall be jointly liable with the former employer for the payment of the employee’s entitlements accruing from the latter, unless a new employment contract is signed. The employee terms and conditions will continue to remain and benefits will be calculated from entry in service. Accordingly, the employee will be eligible for leave entitlements without any interruption.
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