Opinion
No need for NOC from previous employer
No need for NOC from previous employer
June 29, 2019 | 01:20 AM
Question: I was working in a supermarket for seven years and recently, I got terminated and the company cancelled my visa. Now I am in my home country. I received a new offer from a company. Is there any issue to accept the new offer? Do I need to get any approval from the previous employer? Please advise. JS, DohaAnswer: Now there is no requirement of a no-objection certificate from the previous employer for a former resident to take up a new job in Qatar. In case of cancellation of residency permit, the person will be able to return to Qatar to take up employment after being granted a new visa. Thus, an expatriate who has got a new contract to work in Qatar can come back if the visa is approved. Drawer can ask forcheque certificationQ: We supply materials to customers on credit and usually customers make payments after two or three weeks. Few customers delay in making such payments or the post-dated cheques received against the invoices may get dishonoured. How can we secure the payments by cheque? Please advise.SK, DohaA: The drawer has the right to ask for certification of the cheque. The drawee/bank shall not use such funds but shall keep it to pay the value of the cheque when presented. The drawee does not have the right to refuse the certification of the cheque if there were sufficient funds to pay its value. The funds against payment of the certified cheque shall remain frozen with the drawee and under his responsibility in favour of its bearer, until the end of the period set for presenting the cheque for payment. The signature of the drawee on the face of the cheque shall be considered as a certification. Court has authorityto reduce penaltyQ: In a criminal case, whether the court has authority to reduce the penalty to the offender by granting mercy? What is the provision in Qatar law that provide mercy to the wrongdoers? Please explain. KS, DohaA: According to Article 92 of the Penal Law, if the court considers that the circumstances of the offence or of the perpetrator require mercy, it may reduce the sentence provided for the said offence as follows: (1) if the penalty prescribed for the offence is capital punishment, it may be reduced to life imprisonment or imprisonment for a term not less than five years; (2) if the penalty for the offence is life imprisonment, it may be reduced to imprisonment for a term not less than three years; and (3) If the penalty prescribed for the crime is imprisonment for a term not exceeding twenty years, it may be reduced to imprisonment for a term of no less than one year. These provisions shall not apply when rendering a judgment for a terrorist offence. Settling dues bytransferring sharesQ: I owe money to my friend and I have decided to settle the dues by transferring my shares in a LLC to my friend’s name. Is there any restriction to sell my shares? What is the procedure to be followed to transfer the shares legally? Please advise.KW, DohaA: According to Article 238 of the Commercial Companies Law, unless it is otherwise stipulated in the Articles of Association, if any of the shareholders wanted to transfer his share to someone other than the shareholders, he should notify the other shareholders of the transfer conditions through the company’s director. The director should notify the shareholders as soon as he receives the notification and every shareholder may opt to purchase at the same terms and conditions or decline. If the right of purchase is opted by more than one shareholder, the sold share(s) shall be distributed among them in proportion to the shares of each in the capital. In case of disagreement on the price, the company’s auditor shall assess the price on the date of purchase. If 30 days passed since the date of notification and none of the partners used the right of purchase, the partner shall be free to dispose of his share. The share transfer must be executed at the Ministry of Justice after receiving appropriate approvals from the Commercial Companies Department, Labour Department and Tax Department. * Please send your questions to leges@qatar.net.qa
June 29, 2019 | 01:20 AM