By Nizar Kochery
Doha

QUESTION: Can the employer terminate an employee who is on leave? Is there any restriction imposed by Qatar’s labour laws on resignation while on leave? What are the rights of employee on termination or resignation?
ER, Doha

ANSWER: Though Article 85 of the Labour Law has restricted the right of the employer in terminating the employment contract during the leave period of the employee, the law did not restrict the employee’s right to terminate the work even during leave. Therefore, the employee may present their resignation during the leave period.
It states that the employer shall not have the right to terminate the employment contract or notify the employee of terminating it during any of the latter’s leave.
The employer may not notify the employee of terminating the contract if the notice period ends during any leave.
Upon termination, the employee will be entitled for end-of-service gratuity minimum at the rate three weeks per year, salary dues and payment against leave entitlements and repatriation travel fare.

Lease contracts
must be registered

Q: What is the minimum information required in a lease agreement? How would a lease agreement be automatically renewed? Who must register the lease?
ST, Doha

A: Law No 4 of 2008 and its amendments applies to all lease contracts in Qatar excluding state private and public properties; agricultural land; undeveloped land; industrial services land; hotels and tourist apartments and units; and residential units allocated by the state or other companies for their employees.
As per the law, lease agreements must be registered by the landlord at the Leases Registration Office at the municipality.
In order for the landlord to be able to bring a claim in respect of the lease agreement before the Leasing Dispute Settlement Committee, the lease must be registered by paying the necessary fee.
The landlord is bound to pay an annual fee of 1% of the annual rent for such registration. There will be a penalty imposed on landlords who fail to register lease agreements.
With regard to extension of the term by continuing to be an occupant, if the tenant continues to occupy a property after expiry of the lease agreement without objection by the landlord, the lease agreement will be deemed to automatically renew on the same terms and conditions for the same period.

Signing
confusion

Q: I am involved in a case representing my deceased father. The case features a few documents, stated to have been signed by my father. My father’s signatures in the passport and in bank documents are not the same, however. What’s the validity of such documents in the court? The documents are not attested either.
FT, Doha

A: According to Article 220 of the Procedure Code - Law No13 of 1990, the privately written instruments/documents form shall be considered as issued from the person who signed it unless he expressly denies what is ascribed to him such as the handwriting, signature, seal or fingerprints.
As for the heir or the successor, he shall not be asked to deny; it is sufficient that he takes the oath that he does not know that the handwriting, signature, seal or fingerprint belongs to the person for which he received the right.
As for the person who would object to him by writing in a private form, and discussed its subject, his denial of the handwriting, signature, seal or fingerprint shall not be accepted.

Gratuity
calculation

Q: I have resigned after working with a company for seven years. I would like to know the way my gratuity is calculated? According to my employment contract, it is calculated “as per the Qatar Labour Law”. Also I have an outstanding personal loan with a local bank and if I am not able to pay off this amount using my gratuity, will there be any legal action against me by the bank?
VV, Doha

A: Article 54 of the Law No14 of 2004 - Qatar Labour Law stipulates that a worker, who has completed a period of minimum one year of continuous service, shall be entitled to gratuity pay on the termination of employment.
The pay shall be calculated minimum at the rate of three weeks basic salary for each year of service. Accordingly, for seven years you will be entitled for 21 weeks of your basic salary; calculated prorate if period of service exceed seven years. Regarding the personal loan, the bank will initiate legal action for the recovery of the outstanding amount. To avoid legal complications negotiate with bank for settlement.

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

LEGAL SYSTEM IN QATAR

As per Article 511, when the bill of exchange is paid, the drawee may request the holder to deliver the bill with a signature to indicate that the payment has been made. The holder may not refuse to accept partial payment. Where the payment is partial, the drawee may request that such payments to be recorded on the bill of exchange and a receipt to be issued. The drawee, endorser and others obligors under the bill of exchange shall be discharged from liability to the extent of the amount paid and the holder shall protest for the unpaid amount.
If the bill of exchange is not presented for payment on the maturity date, any debtor may deposit the amount in the court treasury at the expense of the holder and at his risk. The court office shall deliver to the depositor a document stating the deposit of the amount, its value, the date of the bill of exchange, the date of maturity and the name of original beneficiary. If the holder claim payment, the debtor shall deliver the document stating the deposit against receipt of the bill of exchange and the holder shall be entitled to receive the amount from the court office by virtue of this document. If the debtor fails to deliver the document to the holder, he shall be obliged to pay him the value of the bill of exchange.
According to Article 513, if the payment of the bill of exchange is stipulated in Qatar in a currency, which is not in circulation in Qatar, payment shall be made in the currency that is in circulation at its exchange rate on the maturity date. If payment is not made on the date of maturity, the holder shall have the option to claim the amount of the bill of exchange valued in the currency of Qatar at prevailing exchange rate either on the maturity date or on the date of payment. The official exchange rate of the national currency against foreign currencies should be used.
Refusal to pay the bill of exchange shall only be accepted in case of loss or its holder’s bankrupt. If a non-accepted bill of exchange drawn in several copies is lost, the person entitled to its value may demand payment by virtue of one of its other copies.
As per Article 516, if the bill of exchange was issued in several copies and the copy that bears the text of the acceptance is lost, claim for payment may only be made using other copies of it by court order and on condition that a guarantor is provided.
When an accepted or unaccepted bill is lost, the person required to prove the ownership and a guarantor should be provided to obtain a court order for payment of bill if he cannot present one of the other copies. A copy of a lost bill of exchange may be obtained by referring to the person who endorsed the bill of exchange to him, who shall be bound to assist and permit to use his name in claiming against the previous endorser and so on through the successive endorsers until the drawer of bill is reached.
Every endorser undertakes to write his endorsement on the copy of the bill of exchange delivered by the drawer after noting that it is a replacement for the lost one. Payment by virtue of such copy shall be claimed only by court order and provided a guarantor is furnished. The owner of lost bill shall bear all expenses.