By Dr Nizar Kochery/Doha
Question: I have filed a labour claim in the court in Dafna and after four months of notice delay, the court appointed an expert. So far, the company has not attended the court. Now it’s over two months, but the expert has not submitted his report. When I asked him he warned me that he will submit at his convenience and I have no authority to ask him. What’s the law on this? Please advise.
A: According to Article 351 of the Civil and Commercial Procedure law, if the expert fails to submit his report within the term specified in court order, he shall provide a submission to the court describing the work performed, and reasons that hinder from the completion of his duty. If the court finds the reasons justifiable, the court shall grant the extension of time to submit the report. If there is no justifiable reason for the delay on the part of the expert, the court may impose a fine not exceeding QR2,000 and grant time or replace him and obligate him to refund the money received from the court.
Employment contract change
Q: A new management took charge of our company last month and the management has made many changes in the company. Now they are insisting for the change of employment contract with new terms. All the employees are requested to sign the new contract as the old contract has no validity. Does the change in the management affect the contract or not? Who will be responsible for the agreed terms of the old contract? Please advise.
A: According to Article 52 of the Labour Law, the employment contract shall not terminate in case of merger of the enterprise with another enterprise or transfer of its ownership or the right in its management to a person other than the employer for any reason. It is not mandatory to issue a new employment contract and if the employer requires he can execute a new contract. If the revised terms and conditions proposed are not in line with your present terms of employment you may refuse to accept. The new management shall be liable for the discharge of any obligations resulting from old employment contracts.
Discrepancy in cheque amount
Q: My friend borrowed money from me and he issued a cheque against the borrowed amount. At the moment he is out of Qatar and the cheque is dated next week. I noticed that there’s a discrepancy in the amount written on the cheque. I spoke to him and he confirmed that there is sufficient balance in the account and he was willing to issue a new cheque when he returns. I need the cash by next week. What will happen if I present the cheque to the bank? Please advise.
A: According to Article 565 of the Commercial law, if the amount of the cheque is written in both words and numbers, and if there is a discrepancy between the two, the amount written in words shall be adopted.
Who’s responsible for maintenance?
Q:I have rented a place for accommodation and rental agreement is valid up to October 2017. I live with my family in the leased premises and I have paid the rent without any default. I have informed landlord on the vacation of premises and on the expiry of rental terms. Recently, I received a notice from the landlord directing to do the proper maintenance of the building before handing over. The condition of the building was not good at the time of contract which does not mention anything regarding the maintenance. If the contract is silent on the maintenance part, who will be responsible for the maintenance? Please advise.
A: As per Article 615 of the Civil Law, the tenant shall be bound to carry out the minor repairs required by the normal use of the leased property. The tenant shall return the leased property in the same condition as it was when he initially took occupation, except for any loss or damage not caused by him. If the leased property is delivered without a description of its condition, the tenant shall be presumed to have taken delivery of the property in good condition until evidence to the contrary is provided. The costs of restitution of the leased property shall be incurred by the tenant unless the agreement or prevailing custom otherwise provides.
* Please send your questions by e-mail to: [email protected]
LEGAL SYSTEM IN QATAR
As per the penal laws, any person who embezzles, steals, purloins, or knowingly converts for own use or for the use of another, the telephone service or any other telecommunication services, or exploits, uses, transfers any of these services or any electric energy used to conduct or transfer these services shall be liable to imprisonment for a term not exceeding five years.
According to Article 347, whoever illegally takes any conveyance or means of transportation without the consent of the owner or authorised user thereof, shall be liable for imprisonment for a term not exceeding three years. Whoever knowingly and unlawfully makes, forges, or counterfeits any key, or makes a device for use in committing a crime, shall be liable to imprisonment for a term not exceeding one year. The punishment shall be extended to imprisonment not exceeding two years if the perpetrator is engaged in the profession of making such devices.
As per Article 349, whoever consumes food or beverages in a place designated for such a service, even though he is a resident therein, and whoever occupies one or more rooms in a hotel or similar lodging or hires a vehicle intended for rental and unjustifiably abstains from payment of what he owes or escapes without payment, shall be punished with imprisonment for a term not exceeding three years and/or a fine not exceeding QR3,000.
Any person who finds lost property but does not return it to the rightful owner, or to a police station within seven days of the date of finding, and retains it with the intention of keeping it whether at the time of finding or afterwards, shall be punished with imprisonment for a term not exceeding six months or with a fine not exceeding QR3,000 or with both penalties.
According to Article 351, whoever acquires, with the use of force or threat, a legal document with a signature thereon, receipt, quittance or a literary valuable document, a legal or social record, or compels a person by force or threat to sign, stamp or thumbprint thereof, shall be liable to imprisonment for a term not exceeding seven years.
Whoever fraudulently or falsely personates another, and in such assumed character, seizes for themselves or others, movable assets, debt receipt, or cancels, spoils or modifies this bond by using fraudulent means, assuming a false name or a fake character in a way to delude the victim shall be liable to imprisonment for a term not exceeding three years.
As per Article 355, whoever dishonestly or fraudulently disposes of a movable or immovable property which they have already disposed of, without having the right to do so shall be liable to imprisonment for a term not exceeding three years.
Whoever exploits a minor’s passion, need or lack of experience and orders him to get movable assets, debts or bond, or to cancel, spoil or modify this bond in order to harm them or someone else shall be liable to imprisonment not exceeding three years and a fine not exceeding QR10,000.
Whoever issues a cheque in the absence of a covered or exchangeable cheque or the presence of an amount of money that is less than the value of the account, shall be liable to pay a fine not exceeding QR100,000. Any person who fraudulently gets, for themselves or others, a passport, a license or any instrument issued by a public official shall be liable to imprisonment for a term not exceeding three years and a fine not exceeding QR 10,000.
Source : http://www.gulf-times.com/story/568118/Court-expert-fails-to-submit-report