By Nizar Kochery
Doha

QUESTION: Please explain about workmen’s compensation under Qatar laws and employer’s duties in this regard. Is there an exception to compensation payment when the employer pays the treatment charges? My company says that since it pays salaries during the first three months after the injury at the worksite, the eligibility for compensation is over. Who should report the matter to police; employer or the victim?
TU, Doha
 
ANSWER: Under Article 108 of Qatar’s Labour Laws, the employer is legally obliged to report the incident to both the police and the Department of Labour and depending on the severity of the injury, or in the event of death, the police may initiate an investigation into the events leading to the harm.
The employer is liable for payment of the employee’s medical treatment.
If the injury prevents the injured from attending work, a worker will be entitled for full salary for the first six months and thereafter half salary until recovery or declaration of permanent disability or death, whichever is earlier.
In addition to the treatment benefits, employee will be eligible to receive compensation based on the percentage of disability established by the Medical team of Supreme council of health.
The worker will not be entitled for the above only in the event if the worker had intended to injure himself, was under the influence of illicit drugs or alcohol, ignored the safety instructions or committed gross negligence in that regard, or without justifiable cause, refused to adopt the treatment prescribed to him by a physician.

Contract
dissolution
Q: What are the rights of a contractor to terminate the subcontractor on flimsy reasons? In our contract, a small list of snag items like joineries remains pending to be resolved. Stating these reasons, we have now received a court notice, claiming compensation. We haven’t received any notice from the contractor, terminating the contract. There is no termination provision in the contract. It seems that the contractor wants to delay payments.
TR, Doha

A: According to Article 183 of the Civil Code, in bilateral binding contracts if one of the parties does not perform its obligation, the other party may, after serving a formal summons on the other party, demand from the judge the performance or dissolution of the contract, with damages, if due, in either case, unless the party demanding dissolution does not also perform his obligation.
The law requires the party seeking to terminate the contract first to serve notice to the defaulting party of the default and the former’s intention to terminate the contract. The judge may grant additional time to the debtor, if it is necessary as a result of the circumstances.
The judge may also reject an application for dissolution when the part of the contract which the party has failed to perform is of little importance in comparison with the obligation in its entirety.
Therefore, unless the contract clearly states termination by notice, the termination would be unlawful without a court order giving effect to the termination.

Offence against
civil servant
Q: A friend of mine became agitated at an employee in a municipal office because of frustration with him. He was after the employee  for many days, finally losing his faith in the office system. Now he fears that there was camera in the office recording his behaviour and he might be caught.
SU, Doha

A: Under Article 166 of the Qatar Penal Code, imprisonment for a period not exceeding six months and a fine not exceeding QR3,000 shall be inflicted upon any person who offends with the use of signs, saying, writing or by any other method a civil servant or officer entrusted with a public service during or by reason of carrying out the duties of his office or service.
The punishment shall be imprisonment for not exceeding two years or a fine of at least QR10,000 if the offence takes place during the convening of a court sitting and is intended against the panel of judges or against the members of the said panel.

Fine for
overstay
Q: Is there any provision for imprisonment for overstaying in Qatar without a valid visa? I came on a business visit visa but could not renew it after expiry. Do I need an exit permit and will there be the punishment for overstay?
SD, Doha

A: Staying more than 30 days under visit visa in Qatar requires exit permit to leave the country. Also as per sponsorship laws, visitors who arrive on a 30-day visit visa will be fined QR200 per day for each day of overstay. The maximum fine in this case, however, cannot exceed QR20,000.

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

LEGAL SYSTEM IN QATAR

As per Article 522, in the event of non-payment on the maturity date, the holder of a bill of exchange may recourse against endorsers, the drawer and the other obligators.
The holder of a bill of exchange may have recourse before maturity date in the following cases: total or partial non-acceptance, bankruptcy of the drawee regardless of whether the bill accepted or not or bankruptcy of the drawer of the bill wherein it is stipulated that it shall not be presented for acceptance.
If the maturity date for payment of the bill of exchange coincides with an official holiday, claim for payment shall only be made on the following working day. Likewise, any formalities related to the bill of exchange and particularly its presentation for acceptance or making a protest or any substitute thereof shall only be made on a working day.
If a speci?ed time is fixed within which any formalities related to the bill of exchange is to be performed and the last day for it coincides with a public holiday, the period shall be extended to the following day.
According to Article 524, the refusal of acceptance or payment of the bill of exchange shall be proved by protest for non-acceptance or protest for non-payment. The protest shall include a true copy of the bill of exchange and any expressions of acceptance or endorsement recorded on it and the notice to pay the bill of exchange.
The protest shall include the presence or absence of the person liable to accept or pay, together with the reasons for refusal of acceptance or payment. The employee who is in charge of preparing the protest shall leave a copy thereof to the persons to whom it is addressed.
All protests shall be recorded in full, day by day, chronologically, in a special numbered and duly stamped register.
Protest for non-acceptance shall be lodged within the time speci?ed for presentation of the bill of exchange for acceptance. However if the ?rst presentation occurs on the last day of the time speci?ed for presentation, the protest may be made on the following day.
As per Article 526, if a bill of exchange is payable on a fixed date or within a specified period of time from its date of issue or date of sight, protest for non-payment shall be made within four working days following the maturity date.
Presentment for payment or making a protest for non-payment shall not be necessary, if the bill is protested for non-acceptance.
If the drawee ceases payment or an unsuccessful attachment is laid on his property, whether or not the drawee accepts the bill of exchange, the holder of the bill may only have recourse to the guarantors after presentation of the bill of exchange to the drawee for payment and after making a protest for failure to pay.
In the event of the bankruptcy of the drawee or the drawer, whether or not the drawee accepts the bill of exchange, where it is stipulated that it shall not be presented for acceptance, the presentation of the insolvency judgement shall be sufficient in itself to enable the bearer to exercise his rights of recourse to the guarantors.
According to Article 529, if the drawer or any endorser or guarantor has written on the bill of exchange under his signature the condition “recourse without expenses” or “without protest” or any other expression may exempt the holder from protest non-acceptance or non-payment drawn up in order to preserve his right of recourse.