By Nizar Kochery /Doha


QUESTION: I am the head of the human resources department in a construction contracting company. We came to know that our driver had misappropriated the vehicle which was handed over to him for company purposes. He was warned about this a couple of times but to no avail. We have now filed a case against him for breach of trust. What will be the punishment if the court finds him guilty? What is the provision in law regulating such misappropriation of properties?
HP, Doha

ANSWER: According to Article 362 of the Qatar Penal Laws, whoever, being in any manner entrusted with property, dishonestly misappropriates or converts it to his own use, or dishonestly uses or disposes of it in violation of any direction of law prescribing the mode in which such trust, rent, mortgage or a power of attorney, in a manner that is detrimental to the owners thereof, shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding QR10,000.
Accordingly, whoever being in any manner entrusted with property, dishonestly misappropriates commits criminal breach of trust.

Company lost my original certificates
Q: I am working with an engineering company in Doha. Four months ago I had submitted to the company my documents (Qatari ID card, my original degree certificate, a letter in Arabic and an amount of QR360) for changing my professional status in visa. I now need my original certificate for my higher education and I requested the department for that. After a few days, the department informed me that it had lost the original certificate. I have been following up the matter with the HR department but I haven’t received any favourable reply. Can Qatar’s law help me to solve this issue?
MK, Doha

A: You may obtain duplicate copy of your educational certificate from your country or the university by submitting a lost certificate application. To facilitate grant of duplicate certificate, file a complaint to the police from where it was lost and lodge one FIR (First Information Report) to prove that you lost your original educational certificates.
Obtain a copy of the FIR, authenticated at appropriate authorities and finally get it endorsed by your country’s embassy and use this copy for applying for duplicate certificates.

The cost of repatriation
Q: In our company, air ticket for journey back home is not issued if workers resign. I have nine years of service. I have submitted by resignation with two months’ notice. The company will not arrange my return travel. The company settlement document shows deduction of the return travel fare. How much will I get as gratuity and balance leave? The last two years I had not availed of my vacation. Legally how long can the company take to arrange my return?
AD, Doha
A: Labour Law stipulates that on termination of employment, the employer at its own cost repatriate the worker to the place from where he has recruited him at the commencement of the engagement or to any place agreed upon between the parties.
Accordingly, the worker is entitled for the cost of repatriation. The gratuity to be calculated minimum @21 days basic wages per year of service and leave @4 weeks per year and both prorate.
As per Law, the employer shall complete the proceedings of returning the foreign worker within a period not exceeding two weeks from the expiry date of the contract.

Replacing a lost cheque
Q: I have been issued with a cheque by a person (personal cheque), not account payee but I have lost it. I have requested him to issue a new cheque. He is willing to issue but after the cancellation of the old one. Please advice on the procedural formalities for this.
KP, Doha

A: If a bearer cheque is lost or destroyed the owner shall be entitled to submit an objection to payment of its value to the drawer. A complaint also to be lodged with the nearest police station and court proceedings to be initiated to get the cheque cancelled.
Article 588 of the trade law stipulates that such objection should include details of the cheque which may assist in identifying the same and the circumstances surrounding its loss or destruction.
When the drawee receives the objection, drawee shall refrain from payment of the value of the cheque to the possessor of the cheque and should set aside the value of the cheque pending decision on the matter.
The drawee shall, if requested by the objecting party and at his expense, publish the number of the lost or destroyed cheque, its amount, name of drawer, name of the objecting party and his address in a daily newspaper.
Any disposal of the cheque subsequent to the date of such publication shall be null and void.

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

LEGAL SYSTEM IN QATAR
Acceptance credit is a contract whereby the bank accepts the commercial paper drawn by one of its customers or by another person designated by the customer, and agrees to pay its value at the due date.
As per Article 430, when the bank pays the value of the commercial paper, the bank shall debit such value from the account of the customer.
The bank shall have recourse to the customer for the amounts paid in accordance with the terms of the acceptance credit contract.
A credit card is a contract that allows the customer to settle ?nancial payments within certain limit of amount through the bank that issued the card or that issued on behalf of others.
The rights and obligations of both the bank and the customer arising from the issue of a credit card, debit card, and other cards and their use, shall be regulated under the terms that are agreed upon between the parties and in particular determination of the limits of the amounts that can be withdrawn, the period of validity of the card, the bank charges and the method of repayment.
The bank undertakes to settle ?nancial claims to third parties arising from the use of credit cards for the purchase of goods and services within the limit permitted to the cardholder.
The obligation of bank to make payment is an absolute obligation and it shall not protest by any pleadings arising from its relationship with the customer.
As per Article 435, the bearer of a commercial paper may endorse it to the bank by means of a power of attorney and by virtue of this endorsement, the bank shall act as agent for the collection of the value of the paper for the bene?t of the endorser.
The bank shall be liable for any error or negligence in executing its agency. According to Article 438, an agency arising from endorsement by a power of attorney shall not terminate with the death of the endorser or his loss of legal competence.
Lending against the guarantee of securities is a loan guaranteed by a pledge. If the securities are nominal instruments, their pledge shall be underwritten by a waiver that states that it is a guarantee, endorsed on the instrument itself and recorded in the register of the issuing body.
Under Article 440, the possession of pledged securities shall be transferred from the pledger to the pledgee (bank) and the bank shall have the right to retain these instruments.
The bank shall preserve the pledged instruments by collecting their pro?ts and receiving their value when they are redeemed and deducting these amounts from the original debt. If the bank does not obtain its due entitlement, it may apply to the court for permission to sell the pledged instruments by public auction or at their market price.
The bank shall take its entitlement from the sale proceeds ahead of other creditors.
According to Article 443, if the pledged instruments have been presented by person other than the debtor, their owner shall not be obliged to pay the debt documented in the pledge except as a guarantor in kind.