By Dr Nizar Kochery
Doha




Question: We are working in a contracting company and our accommodation is far from the work site. We have to leave the camp early in the morning to reach the site and we get back late in the night. The company has agreed to pay for the overtime. But, we are spending almost 14 hours, including travel time. Can we include the travel time in calculating working hours? As per law, is it allowed to work so long hours? What is the provision in law? Please advise. 


LS, Doha


Answer: As per Article 73 of Labour law, the maximum working hours shall be 48 hours per week at the rate 8 hours per day with the exception of the month of Ramadan when the maximum working hours shall be 36 hours per month at the rate of six hours per day. Break time shall not be taken into consideration in calculating the working hours. Any extra time should be treated as overtime and maximum work a day, including overtime, shall not exceed 10 hours. The time spent by the worker in transportation to and from the place of work and residence of the worker shall not form part of the working hours. As per Article 74, the workers may be required to work additional hours provided that the actual working hours per day shall not exceed ten hours unless the work is necessary for the prevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the said loss or accident.


Issuing special
power of attorney


Question: I am holding shares in a trading company in Qatar. A few months back I resigned my job and I left Qatar because of some personal issues. Now I could not travel back to Qatar. In my company, there are some issues and they need my authorisation to sign on my behalf for meetings. In such case, how can we give authorisation to someone for attending the meetings? What is the provision as per the company law in Qatar? Please advise.  

SJ, Doha

Answer: According to the Article 252 of Commercial Companies Law, every shareholder has the right to attend the General Assembly regardless of the number of shares owned by him and by virtue of a particular authorisation (special power of attorney), he may authorise another partner other than the manager to represent in the General Assembly. Every shareholder shall have a number of votes equivalent to the number of shares he owns or represents.

Defect in leased
property

Question: We are in a leased premises from the beginning of this year and our lease contract is signed for a period of two years. Recently, I have noticed a defect in the roofing of the building through which water is leaking. As I am occupying the premises for last four months, am I responsible for repairing such major defects? Please advise. 

DJ, Doha

Answer: According to Article 604 of the civil law, where a latent defect is found in the leased property, which the landlord knew or should have known about upon a reasonable inspection, the tenant may demand that the defect be repaired by the landlord or he may repair such defect personally at the cost of the landlord.

Correcting mistakes 
in judgements

Question: I have received a judgment in my favour from the criminal court discharging me from the charges. I have checked with the execution department and in their records the recent judgment did not get updated. Later I found that there are clerical errors in the judgment. So, in such case, for correcting the judgment, do I need to file a new case and will it take much time as the first case? Please advise.

CF, Doha

Answer: According to Article 242 of Criminal Procedure Code, if a material mistake occurs in a judgment or a decision, the court which issued the judgment or decision shall undertake the correction of such a mistake automatically or upon the request of one of the litigants, after being summoned. Such mistakes do not imply the invalidity of the judgment. Correction is made without a pleading after hearing the litigants. The issued correction shall be indicated in the margin of the judgment or decision.

*Please send your questions to [email protected]