QUESTION: My lease contract says it will be terminated on its expiry date unless otherwise mutually agreed upon. My contract ended on October 31, 2015. Unfortunately due to some work pressure there was a delay in returning the key to the landlord. I have now received a registered notice from him asking me to pay rent up to October 2016 and also demanding reinstatement of the property back to its original condition. I don’t have any details of the property at the time of renting. I have made many partitions for accommodating some people due to the exorbitant and unaffordable rent. Is this demand of the landlord legal? I did not sign a new contract.

DR, Doha

ANSWER: The lessee shall be bound to restitute the leased property in the condition in which it was at the time he took delivery thereof, subject to loss or deterioration due to a cause not attributed to him. If no agreement in writing setting out particulars of the property was drawn up at the time of delivery, the lessee is presumed, subject to proof to the contrary to have received the property in good condition. The costs of restitution of the leased property shall be incurred by the lessee unless the agreement or prevailing custom otherwise provides.
As per the prevailing lease laws, though a lease ends upon the expiry of the agreed term, should a tenant remain in occupation with the knowledge and consent of his landlord, then the lease shall be deemed to have been renewed for a similar term on the same terms and conditions. Accordingly the lease that expired on October 31, 2015 got automatically renewed for a similar period - means up to October 31, 2016 even without the parties signing a new contract. Try for an amicable settlement with the landlord.

Banks must return loan documents

Q: I took a personal loan from a bank with 36 months repayment tenure. During the application, bank representatives took my signatures on a bond as well as postdated cheques equivalent to the loan value sanctioned. I have completed the repayment of loan and asked the bank to return regarding the above mentioned documents. However, I was informed that the bond as well as postdated cheques will not be returned. Please advise whether above referred documents are returnable or not?

AV, Doha

A: The lender is legally bound to return the security documents including bonds, blank cheques, etc taken from the borrower as part of grant of loan when the whole loan liability is repaid by the borrower. Accordingly the bank must return cheques given to them by the borrower against loans just after the debt is settled. In case the bank could not hand back those cheques for some reasons, then it must provide the borrower with a clearance certificate showing that the borrower had paid all his debt which could be considered as an official document that can be used in a possible judicial case. Banks have no right to keep any cheques given to them by their customers as long as there are no obligations by those customers to the banks.

Overtime for extra work

Q: Our company pays overtime at the normal rate (normal wage rate), not 125% or other higher rate to employees. The company also does not give overtime to executive staff. Please advise.

AHD, Doha

A: As per Article 73 of the Labour Law, the maximum working hours shall be 8 hours a day or 48 hours a week. The worker may require working more than the standard work hours subject to a maximum of 2 hours a day or on a holiday or weekly off day. In such cases the worker will be entitled for overtime wage @125% for normal hours; 150% for rest or off day work; and except for shift workers @150% for working between 9pm to 3am. The above provisions are applicable to all categories of employees who are regulated under the Labour Laws of Qatar. However those who occupy responsible position are excluded from the applicability of working hour stipulations and entitlement of overtime. Article 75 of the Laws and Decision No11 of 2005 are relevant in this regard.

Compensation for accident

Q: We are the partners of a reputable construction company in Doha. A couple of months ago, one of our employees met with an accident while at work. The accident was due to the negligent act of one of the employees. We terminated him and had him repatriated. Now the injured employee is still under treatment and is incapacitated. As the accident was due to the negligent act of a co-worker, is the company responsible to pay compensation? Please advise.

JF, Doha

A: According to Article 209 of the civil laws, a master is liable towards an injured person for the damage caused by an unlawful act of his servant when the act was performed by the servant in the course, or as a result, of his employment. The relationship between master and servant exists even when the master has not been free to choose his servant, provided he has actual powers of supervision and control over his servant. Accordingly the employer is liable for the detriment caused as a result of an unlawful act by the employee where that act was committed during the course of the employment. Therefore, where an employee disregards the health and safety instructions of his employer resulting in the injury or death of another employee or third party, the employer may be liable for the acts of the employee who caused the harm.

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

LEGAL SYSTEM IN QATAR
An individual whose bankruptcy has been declared may not be either a voter or a member in the Shura Council, Central Municipal Council, or Qatar Chamber of Commerce and Industry or associations, nor may he be a director or member on the board of directors of any company, or a manager of a company. A bankrupt may not engage in commercial affairs, export or import, or brokerage in the sale or purchase of securities, or sale at public auction.
As per Article 627, the bankrupt shall not absent himself from his domicile without notifying the receiver in writing. The receiver may own accord or on application of the Public Prosecutor decide to place the bankrupt under supervision or prevent the bankrupt from leaving the country for a specified period capable of renewal, if necessary, and shall execute such a decision immediately. The bankrupt may submit an application for a review of the decision.
The bankrupt shall be deprived of the right to dispose of and administer his properties once the adjudication of bankruptcy is issued and all transactions performed by the bankrupt on the day on which the judgment is issued shall be considered as if they had taken place after the judgment was issued.
If the transaction is one that is protested against third parties by entry or registration or other procedure, such a transaction shall not apply to the group of creditors unless the action occurred prior to the issue of adjudication of bankruptcy. Deprivation of the bankrupt shall not prevent him from taking all necessary measures to safeguard his rights.
According to Article 629, the deprivation shall extend to all property which belongs to him on the day on which the judgment declaring his bankruptcy was issued, and the properties whose ownership passes to him after the issuance of the judgment. Nevertheless the prohibition shall not include the following: (1) property which may not be legally attached, (2) Rights relating to the bankrupt person or to his personal status, (3) Compensation payable to the beneficiary under a valid insurance contract concluded by the bankrupt before the issuance of the judgment.
After the issue of the judgment, the bankrupt shall not settle any of his debts or collect any of his rights. However if the bankrupt is the holder of a negotiable instrument, payment of the value thereof may be effected to him on maturity, unless the bankruptcy administrator objects.