By Nizar Kochery/Doha

QUESTION: My landlord refuses to accept rent payments either by cheque or by cash. The rent contract has been made for three years with the landlord receiving 12 cheques at the time of signing it. However, after one year, I made 12 more cheques and met him. But he refused to accept them,  asking for a 25% revision in the rent.

DT, Doha

 

ANSWER: The rental contract is valid for three years with the terms and conditions including the rent agreed. According to the rent laws, if the landlord abstains from receiving the due rent, the tenant may, not later than a week of the date agreed upon or of the month, for which the rent is due, notify the landlord by means of a registered letter to receive it within seven days. If he fails to receive the rent during this period, the tenant shall within next seven days deposit it in the safe of the civil court/rental dispute committee against no fees. This shall be considered as payment of the rent on the prescribed date.

Both the tenant and the court shall notify the landlord of this deposit by a registered letter. The deposit receipt shall be considered a document absolving the tenant from the value of the due rent to the extent of the amount deposited.

Please be cautioned that the landlord may rescind the rent contract, even before the expiry of the period, if the tenant, for no justifiable reason, fails to pay rent within seven days of the date on which it falls due.

 

The employee’s responsibility

Q: Under what authority can an employer deduct a salesman’s salary against payables from customers? The salesman had generated the business. The company made all contracts, including credit facilities. The salesman collected the cheque from the client and the company issued an acknowledgement. Later the cheque bounced. The police did not accept the cheque due to delayed filing. As the salesman concerned, am I liable for this? Can the employer stop me from travelling? I have six years of service. Is a notice of two months’ compulsory for resigning?

YON, Doha

 

A: An employee cannot be deemed responsible, by any means, for the bounced cheque. As part of his duty, the employee’s responsibility lies in handing over the cheque to the company only.

The employer may initiate recovery proceedings against debtor through civil court and impose travel ban for the signatory of the cheque/debtor.  The company cannot apply any ban on the employee for such unfair reasons.

As long as debtor has issued cheque in the company’s name against the business, deduction from the salesman’s salary or even any further action against him is not legal. Having more five years’ service, for resignation a minimum of two months’ notice is mandatory.

 

Gratuity payment

Q: In my employment contract signed in the year 2000 there is provision for gratuity (as per current law) and a three-month notice for termination. Until 2005 my colleagues who left the company received gratuity of four  or five weeks. After 2005, the company had stopped paying so and started giving only three weeks of basic salary per year as gratuity. I am leaving now and how will the calculation be done? Is the three-month notice period legal?

AB, Doha

 

A: As per Qatar’s labour law, the notice period shall not be shortened, but can be extended by mutual agreement. Accordingly, three months’ notice is legal. Regarding gratuity, prior to implementation of the Law No14 of 2004 gratuity benefit was applicable only when employment contract specifically provides the same but Law No14 made entitlement of gratuity mandatory. Three weeks’ pay per year of service is the minimum prescribed rate irrespective of terms of employment. Since you have executed the employment agreement in 2000 with provision for gratuity as per current law of the date of Agreement, it will be calculated based on the then law in force ie. Law No 3 of 1962.

 

Regulation on ‘non-competition’

Q: Is there a ‘non-competition’ law for workers in Qatar?  I have submitted my resignation to leave Qatar. I have no plan to come back to Qatar. The manager of the company where I have been working is asking me to sign a  “non-competition” pledge.

AA, Doha

 

A: Under Article No 43 of Qatar’s Labour Law where the work assigned to a worker allows him to become acquainted with the employer’s client or to become familiar with the secrets of his business, the employer may require him to refrain, after the termination of his contract, from competing with him or participating in any enterprise competing with his own. Such agreement shall be valid only on condition that the agreement is limited, as regards the time, the place and the nature of the business, to the extent necessary to safeguard the employer’s lawful interest. The period of such non-competition shall not exceed two years.

 

Minimum entitlements

Q: What are the implications of Article 4 of  Qatar’s Labour Laws? On mutual agreement we make employees waving gratuity and leave rights. Employees have agreed to make appropriate changes to the standard contract of employment. How far the revised contract will be valid?

SM, Doha

 

A: Qatar’s Labour Laws prescribe a minimum set of entitlements which cannot be waived or restricted. According to Article 4, the entitlements prescribed by Labour Law represent the minimum entitlements of the workers and any stipulation contradicting the provisions shall be void unless the stipulation is more beneficial to the workers and any release, compromise or waiver of the entitlements prescribed shall be deemed void.

 

*Please send your questions by e-mail to: leges@qatar.net.qa

LEGAL SYSTEM IN QATAR

According to Article 927, whoever desires to exercise the right of pre-emption must, on pain of forfeiture of his right, notify both the vendor and the purchaser of his intention within a period of fifteen days from the date of a formal summons served on him notifying him of the sale. Notification of intention to exercise the right of pre-emption is not valid as against third parties unless it is transcribed. An entry of declaring the intention in the property’s register shall be deemed as conclusive evidence towards third parties.

If the applicant for pre-emption does not receive the approval of the vendor and purchaser within 30 days from the date of receiving the said summons, he shall bring legal action against both the vendor and purchaser within 45 days from the end of the aforesaid time limit after depositing in the Court Treasury the entire actual price for which the sale took place, otherwise he shall forfeit his right. An entry declaring the desire to exercise the right of pre-emption shall be recorded in the Land Registry.

This shall have the effect that if it is decided to create the right of pre-emption by means of an entry in the property’s journal, it shall constitute evidence towards those for whom real rights are established from the date of the aforesaid entry. Without prejudice to the rules with regard to registration, the judgement which finally establishes the right to pre-emption will constitute ground for the title of ownership of the pre-emptor.

According to Article 930, the pre-emptor is, vis-a-vis the vendor, substituted for the purchaser in all his rights and obligations.

The pre-emptor is not, however, entitled to benefit from the delay granted to the purchaser for payment of the price unless he obtains the consent of the vendor. If, after pre-emption, the property is claimed by a third party, the pre-emptor will only have a right of action against the vendor.

If, before the notification of pre-emption, the purchaser has built or planted on the property pre-empted, the pre-emptor is bound, at the option of the purchaser, to pay to the purchaser either the amount spent by him or the amount of the increase in value of the property as a result of such constructions or plantations.