By Nizar Kochery /Doha

QUESTION: We work with a supermarket as its salesmen. We work in the shop for more than eight hours a day, sometimes all seven days a week without a day off. The supervisor doesn’t record the extra time properly and overtime charges are paid less than our dues by the management. When we ask the management to reduce our duty hours, we are being told that we don’t do much work. What action can we take against the company’s managers? Do the duty hours include the break time? How is the overtime calculated?
PQ, Doha

ANSWER: Ordinary working hours shall be 48/week at the rate of eight hours per day. Any extra time should be treated as overtime and maximum work a day including overtime shall not exceed 10 hours. Break time shall not be taken into consideration in calculating the duty hours.
Also the time spent by the worker in transportation to and from the place of work and residence of the worker shall not form part of the working hours.
Article 73 of the Law No14 of 2004 and Decision No11 of 2005 are relevant to work hours. The normal overtime rate is 125% and for days off and holidays, workers will be entitled for 150%.
Also the workers, excluding shift workers who work between 9pm and 6am, shall be paid @150%. Keep records of extra time and seek the  Labour Department’s assistance.
As per Article 74, workers may be required to work additional hours, provided that the actual working hours per day shall not exceed 10 hours unless the work is necessary for the prevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the said loss or accident.

Joinder application

Q: A marketing company owes money to some of its creditors, all under one contract. I am one of the creditors. A few of the creditors have filed a case against the company for recovering their money. As per the law in Qatar, how can I join the lawsuit?
DF, Doha
A: According Article 78 of civil procedure code, any interested person may join the lawsuit to any of the parties or claim judgment for a remedy connected with the lawsuit.
The joinder application shall be in accordance with the normal procedure for filing lawsuits, prior to the date of the session, or by verbal application in the presence of the parties, to be noted in the records of the same.
The joinder application shall not be permitted after close of pleadings. The court shall decide on every dispute relating to acceptance of joinder. The court shall decide on joinder applications together with the original lawsuit, whenever it is possible, otherwise it shall reserve the joinder application for judgment after granting the same.

Intrusion into private life
Q: I was working with a construction company as an accountant. Recently our new manager terminated some of our employees, stating that they were working with competitors. The manager used to monitor our letters and e-mail correspondence, both official and personal. Can somebody open a letter addressed to another?
XC, Doha

A: According to Article 333 of the penal laws, an offender shall be liable for imprisonment for a period not exceeding one year or/and fine not exceeding QR5,000 shall be the penalty for any person who intruding into people’s private life illegally and without their permission through opening a letter or telegram against the will of the addressee; or eavesdrop on a telephone conversation; or recording / transmitting conversations that took place in a private place or through any kind of apparatus; or taking or transmitting photos for an individual(s) in a public place through any kind of apparatus.

Annual leave and air tickets
Q: I have been working as an office assistant for more than 10 years. In my offer letter, it has been mentioned that I could go on vacation every two years with the company providing my flight tickets. If I ask for annual vacation, will the company provide me with flight tickets every year? Is there any law making annual vacations with air tickets to go home mandatory? How is leave scheduled? Could the employer divide the leave into four quarters?
SKS, Doha

A: There are no specific provisions which make it obligatory on the employer to provide an air ticket to an employee for his annual leave. The provision of an air-ticket forms part of various allowances provided by an employer. Accordingly, the employment contract will be the basis in this regard.
As per law, the commencement date for annual leave is at the discretion of the employer in accordance with the work requirements and may divide the leave with the consent of the worker, provided that the division shall not be into more than two periods. 
The employer may, on a written application of the worker postpone not more than half of the annual leave to the year following the year of its entitlement.

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


LEGAL SYSTEM IN QATAR
As per Article 616, the bankruptcy proceedings shall be heard summarily and the orders rendered therein shall be enforceable immediately without a bond, unless otherwise provided. If the judgment includes immediate enforcement without a bond, the enforcement shall be restricted to normal procedures for bankruptcy, without including liquidation of the assets of the bankruptcy. The period for an appeal shall be twenty days from the date of judgment. This period shall apply to all judgments issued in cases related to bankruptcy.
The court hearing the application for a declaration of bankruptcy may order the necessary measures and arrangements to safeguard the debtor’s property or for the administration, until the disposal of the petition. The court may also delegate any appropriate person to examine the debtor’s ?nancial position and the cause of cessation of payments and present a report on this matter.
According to Article 618, the court shall appoint a receiver and shall order seals to be affixed on the debtor’s commercial premises, safes and stores. The court shall send an abstract of judgment of the bankruptcy to the Public Prosecution, the receiver and the relevant authority in the Commercial Register. In the judgment declaring the bankruptcy the court shall specify a provisional date for cessation of payment. However, if the court does not specify the date, the date of issue of the judgment shall be deemed as the provisional date.
As per Article 620, the court may, ex mero motu or on application of the debtor, or one of the creditors, or the public prosecutor, or receiver, or other interested persons, amend the provisional date for the cessation of payment until the expiry of ten days from the date on which the list of ascertained debts with the court registry.
After the expiry of this period, the date speci?ed for the cessation of payment shall become ?nal. In respect of determining such date, use of methods damaging to the debtor’s ?nancial position or unlawful means for payment of debts shall be deemed to be cessation of payment.
The judgment issued declaring bankruptcy or amending the date of cessation of payment shall be published in the commercial register and a summary ruling shall be placed on the court notice board.
The receiver shall undertake publication of an abstract of the judgment in two daily newspapers and also in the Official Gazette within two weeks of its issue. The receiver shall also record the abstract in the name of the body of creditors within 30 days of judgment.
Objection by any interested party against the judgment declaring bankruptcy may be lodged within ten days from the date of publication of judgment abstract in the Of?cial Gazette. As per Article 624, before the judgment declaring bankruptcy becomes ?nal, if the debtor becomes able to pay all of the commercial and civil debts payable, the court shall order to revoke the judgment provided that the debtor bears all the costs of the legal proceedings.
If one of the creditors applies to declare the debtor bankrupt and the court dismissed the application, the court may impose a fine of not less than QR10,000 and not more than QR50,000 against the creditor. A summary of the judgment shall be published in the Of?cial Gazette at creditor’s expense if it is apparent to the court that the creditor deliberately harmed the commercial reputation of the debtor, without prejudice to the debtor’s right to demand for compensation.