QUESTION: A dispute arose between me and one of my colleagues a few days ago and it led to a fight outside our camp. Some colleagues interfered and the matter was settled. But the company came to know about this and I was informed by the manager that I might be subject to disciplinary action. There is no police case in this matter. As this issue was something personal between me and the colleague and had nothing to do with the company, can the management initiate action against me? The company has already deducted a day’s salary from me. Now after 10 days the management wants to terminate me from the service. Does it come under the purview of labour law?
VD, Doha

ANSWER: Article 62 stipulates that the worker shall not be penalised otherwise than for a violation directly related to the work whether committed during the work and in its place or outside.
No disciplinary penalty may be imposed on a worker for any act committed by him outside the workplace, unless such act is connected with the work, the employer or the responsible manager.
Article 6 of the Ministerial Decision No 7 also prohibits the employer from penalising worker for any violation that has no direct connection to his work, either at workplace or elsewhere.
 It shall also be unlawful to impose more than one penalty or to combine a disciplinary penalty with a deduction of part of the worker’s remuneration.

Compensation claim for lessee
Q: We are doing business on the Salwa Road from a rented building. A few months ago, we had some differences with the landlord regarding our revised rent but it was settled finally. Now the landlord says he wants us to vacate the building for renovation. We feel that the landlord is trying to evict us and it’s not for renovation. We have already decided to quit the place. If the landlord rents out the building to another party without doing any renovation, can we initiate any action against him?
TY, Doha

A: Article 19 of the Rental Laws stipulates that the lessor should proceed with the licensed works within six months of the date on which the leased premises were vacated. Accordingly, the lessee may invoke Article 19 to claim compensation in such circumstances. In the event if the lessor does not undertake the licensed works, or lets the said premises to another lessee before undertaking such works, the lessee may submit a claim for compensation if such is warranted.

Q: My friend was arrested by the police when he went to the Traffic Department for renewal of his licence. On enquiry, we came to know that there was a judgement against him and he was unware of it. Later he was presented to the criminal court and seven days’ time limit was given to make objection. What is this procedure? If he fails to make objection in this short time, what action can he initiate against such legal proceedings?
KL, Doha

A: According to Article 264 of Criminal Procedure Code, objection is allowed to judgments in absentia issued on the violations and misdemeanours by the convicted person within seven days from being personally notified of the judgment.
If the convicted person is not notified, the objection term starts by the date it is proved that he was notified. This time period in the judgments issued in absentia with regard to crimes shall be counted as from date of arrest of the convicted person, unless the judgment had been personally notified to him before that time.
If the time for objection lapsed without objection by the convicted person, the objection to the judgment shall not be accepted except by way of appeal, in permitted cases.
As per Article 267, the objection implies the re-peruse of the action as to the objector, before the court that rendered the judgment in absentia. If the objecting party is absent in any of the hearings fixed for considering the case for an unacceptable reason, the court shall rule without considering the objection.

Punishment for drinking alcohol
Q: During a recent weekend, my friends were walking on the Corniche after having some drinks. A policeman asked for their IDs. Then he noticed that they were drunk and he took all of them to the police station. A case  was filed against them for consuming alcohol. But they did not consume alcohol in public nor did they create any nuisance. Under what law have the police arrested them? What will be the punishment?
HY, Doha

A: According to Article 270 of the penal laws, anyone who drinks any alcoholic beverages in a public place or opens a store or a house to deal with alcoholics shall be punished with imprisonment for a term not exceeding six months and/or a fine not exceeding QR3,000. The same penalty is imposed on anyone who is found drunk on a main street or anyone who disturbs others due to intoxication.

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

LEGAL SYSTEM IN QATAR
If the sale contract is rescinded, either by judgment or by virtue of a clause in the contract prior to the declaration of bankruptcy, the seller may recover the goods from the bankruptcy, provided that the goods exist in kind. Even if the rescission has been adjudicated after the declaration of the bankruptcy, provided that the action of recovery or rescission has been instituted prior to bankruptcy adjudication.
As per Article 671, if the buyer becomes bankrupt before paying the price and the goods remain in the possession of the seller, or have not yet entered the warehouse of the buyer, or of his agent who is authorized to sell them, the seller may withhold the goods or recover possession thereof. However, recovery shall not be permitted if the goods loss their identity or the bankrupt disposes them before their arrival, without deception, by virtue of documents of ownership or the bill of lading.
In all cases, after obtaining the permission of the judge for the bankruptcy, the receiver may request delivery of goods provided he pays to the seller the agreed price. If the receiver makes no such request, the seller may invoke his right of rescission and claim for damages. According to Article 672, if the buyer becomes bankrupt before payment of the price, and after the receipts of goods in stores, or the stores of agent who is authorised to sell them, the seller may not claim recession of the contract of sale or recovery of the goods, and shall forfeit his right to the privilege thereon.
Notwithstanding the financial arrangements followed in the marriage, either spouse may recover from the bankruptcy of the other spouse his or her movable and real property if title thereto is established. Such property shall remain subject to the rights legally acquired thereon by third parties.
As per Article 674, property purchased by or for the benefit of the bankrupt spouse or for the bene?t of minors under the guardianship of the bankrupt from the date of engaging in the business shall not be included in the assets of the bankruptcy, unless it is proved that such property was purchased with the money of the bankrupt. Any debt of a bankrupt spouse which is paid by the other spouse shall be deemed to have paid with the money of the bankrupt spouse, unless otherwise established
The court shall appoint one or more receiver for the bankruptcy, provided that their number shall not exceed three. Neither the spouse of the bankrupt nor a relative or relative by marriage to the fourth degree or any person who was partner, employee, accountant or agent of the bankrupt, during the three years prior to the date on which the judgment declaring the bankruptcy was issued, or any person who has been sentenced for a criminal penalty or misdemeanour penalty related to honour or trustworthiness, may not be appointed as a receiver.
According to Article 677, the court may, ex-proprio motu or at the request of the bankrupt or the supervisor appointed from amongst the creditors, order the removal of the receiver and appointment of another, or reduction of the number of receiver based on justified grounds. The receiver shall administer and take all necessary measures and actions to safeguard the bankruptcy property and such measures and actions shall apply against the bankrupt. The receiver shall on behalf of the bankrupt in all the matters which may be required by such administration.