By Nizar Kochery/Doha


QUESTION: I joined a company as a sales director in August 2011. My  contract is for unlimited period. My services were arbitrarily terminated recently. I was told by the general manager not to come to office because my services were no longer needed and that the company had incurred heavy losses because of me. I was told to come back after two or three weeks and on giving handover, I would be given my termination letter and my dues.
When I handed over everything to the company after three weeks, they refused to give me my termination letter and my end-of-service dues. They threatened that they would file an absconding complaint against me.
They have terminated services of other employees similarly, without giving them any dues. They have also terminated a colleague who has been on vacation.
The company claims to have “strong connections”. I am told that the company will argue that I was absent from office for three weeks. A management representative told me that the company would argue that they had terminated my services because I didn’t go to office on time.
In disputes with the company in the past, my colleagues had failed to receive justice through the Labour Department. Please advise me on what course of action should I take? What other options do I have? How do we get our rights? The company is threatening to cancel my visa and impose a one-year ban or maybe even a life ban on me. Is this legal? If I opt to leave now without taking legal action, do I have any time limit to take up the case later?
RK, Doha

ANSWER: Without prejudice, seek the Labour Department’s assistance and in case, one fails to obtain rights in full, request the department to refer the complaint to the competent court. The employee will obtain his right in full before the court if he has been able to prove them there. Do not connect your case to the complaints of the colleagues who had lost their attempts, as each case is different from the other and no one can influence the court.
Regarding the termination of employment of your colleague during his vacation, Article 85 of the Labour Laws of Qatar stipulates that the employer may not terminate the service contract or notify the worker of the termination thereof during any of his periods of leave provided under Labour Law.
Labour claims have a short limitation period of only a year. Under Article 11, the right to file a lawsuit for a claim of the entitlements shall lapse by the expiry of one year from the date of expiry of the contract. Accordingly any claim under the Labour Law or an employment contract starts running from the date when the right is capable of being exercised.

Liability for tax obligations
Q: We are subcontractors to a project but the contract has been terminated for no specific reasons. We want to transfer the business and may be close down the activity. What are our tax obligations? Can a main contractor terminate the contract arbitrarily under Qatar contract Laws?
KU, Doha

A: According to Article 13 of the Tax Laws, the taxpayers, who disposed of or ceased to practice their activity partially or totally, shall notify the department within 30 days following date of disposal or cease as the case may be. The transferor and the transferee, or the seller and buyer shall be jointly liable for all due taxes and financial penalties for the transferred or sold activity until the date of respective transfer or sale.
Subject to deductions allowed under the law the current tax rate is 10% of the taxable income and if the service provider is resident or has permanent establishment in Qatar, not necessary to withhold tax.
Under Article 688 of the civil laws of Qatar, in the course of execution, if it is established that the contractor is performing the work in a manner that is defective or contrary to the terms of the contract, the employer may formally give notice by registered mail to alter, within a reasonable period, the manner in which contractor is performing the work.
If the contractor fails to adopt the proper manner of working, the employer may either demand revocation of the contract or may ask the court to authorise him to execute the work at the cost of the first contractor if the nature of the work so requires. Immediate revocation of the contract may be demanded without it being necessary to grant any delay, when rectification of the defective manner of performance is impossible.

A stay of execution
Q: A criminal case has been filed in the Al Saad court against an expatriate with an offence punishable with three years of imprisonment. He has admitted the offence in the court. The lawyer says punishment is certain. Is there any provision in Qatar’s laws for pardon by the court?
EW, Doha

A: As per penal laws, upon passing a sentence of a fine or imprisonment for a period of not more than one year, a judge may order a stay of execution if it is established from the conduct of the accused, past circumstances of his crime or age that there is reason to believe that he will not commit another offence.
The judgement shall show the reason for the stay of execution. A judge shall make a stay of execution inclusive of any secondary punishment, except confiscation.
Stay of execution shall be for a period of three years from the date on which the judgement becomes final.
However, a judgement may be passed for revoking a stay of execution if the convicted person commits during the period of probation a deliberate offence, he shall be sentenced to a penalty involving deprivation of liberty for more than three months, whether the conviction judgement has been passed during this period or thereafter, provided that the action has been brought during such period.

♦ Please send your questions by e-mail to: leges@qatar.net.qa (Mobile:55813105)

LEGAL SYSTEM IN QATAR
According to Article 151, if the documents sent fails to comply with the conditions of the contract then the buyer shall not be bound to accept it. The buyer shall be deemed to have accepted the documents if no objection were raised within seven days from the date of receipt.
On receipt of such objection, the seller shall dispatch documents complying with the contract of sale within in a reasonable period. Upon lapse of such period, the buyer shall claim rescission of the sale with justifiable damages. The buyer shall be liable to compensate the seller, if the documents were returned without any justifiable cause.
If the vessel carrying the goods sold has arrived prior to the documents or if documents received are incomplete, the seller shall perform all the required actions at his expense to enable the buyer to receive the copy of documents immediately upon notification of non-receipt.
As per Article 153, upon arrival of vessel, the Buyer shall be obliged to take delivery of goods after verifying the documents with the specification in the contract. The buyer shall be liable to pay any import or customs duties due.
FOB sale is the sale under which title of goods passes to the buyer at the point of shipment. The buyer shall execute the contract of carriage of the goods, pay relevant charges and notify the seller within a reasonable time of the name of the vessel chosen for the carriage as well as the place and date or time limit set for shipping.
As per Article 157, the seller shall be bound to pack and ship the goods aboard the vessel designated by the buyer on the date or within the time limit. The cost of packing and other expenses necessary for the shipment of goods shall bear by the seller.
The seller shall bear the expense of obtaining the export permits and all other procedures relating to the shipment. Upon the request of the buyer, the seller is obliged to produce the certificate of origin of the goods.
Article 160 stipulates that the seller must render the buyer at the latter’s request, risk and expense, every assistance in obtaining the bill of lading and any other documents issued or transmitted in the country of shipment or of origin which the buyer may require for the import of the goods and, where necessary, for their transit through any country.
The seller must bear all risks of loss of or damage to the goods until such time as they have passed the ship’s rail at the named port of shipment.