QUESTION: We work with a construction company in Doha. The company is terminating staff without any reason. On termination, the company deducts QR5,000 as expenses of recruitment and repatriation. Is it legal to do so? What action can employees initiate on this? We don’t get any assistance for our medical needs. What is the law for sick leave for employees working with a private company?
PK, Doha

ANSWER: The employee shall be entitled for gratuity, payment against prorate annual leave and repatriation travel benefits. Moreover, all the recruitment expenses should be borne by the employer.
The employer does not have the right to charge the worker any amount to cover such expenses. File a complaint with the Labour Department, submitting all related correspondence and the department will then summon the company to settle it amicably. The dispute may be referred to the competent court if not settled.
As per Articles 82 of the Labour Law, the worker shall not be entitled to any paid sick leave during their first three months of employment.
If the worker has completed more than three months even during the probation period in the continuous service of the employer and falls ill, he shall be entitled to sick leave.
Subject to approval of the sickness by the medical practitioner approved by the employer, such leave shall be calculated as: the first two weeks with full pay; the next four weeks, with half pay; and any subsequent periods are without pay.

Prying colleague
Q: One of the colleagues, without my permission, has accessed my computer system. I have complained against him to the management and they have warned him over it. But I still find him accessing other office computers without permission . If I file a case against him for such illegal access, what will be the punishment?
DF, Doha
A: According to Article 373 of Penal laws, whoever intentionally accesses, directly or indirectly, another person’s processing system or destroys or modifies the data or means of processing and transfer of data shall be punished with imprisonment for a term of not less than one year and not exceeding three years and a fine of not less than QR10,000 and not more than QR50,000.

Legal status of joint ventures
Q: We have decided to form a joint venture with a French company to execute a project. Is it necessary to register a joint venture company to execute a government project? What is its legal status? Can a joint venture company file a case in its behalf?
RMS, Doha

A: A joint venture company is formed by two or more natural or legal persons, and its objectives and terms are governed exclusively by the joint venture agreement. According to the Commercial Company Law, a joint venture company is an unincorporated entity, hence not required to follow the same commercial registration requirements as other categories of business.
Regarding filing of case in its behalf, the joint venture entity has no legal personality. A third party is required to enforce claims against the joint venture partners rather than against the joint venture entity.


Company dissolution
Q: I am one of the three partners of a limited liability company in Qatar. The other two are local partners who are not active in business activities. Also, they have not invested in the firm. The company’s computer card does not have my name and I am not a signatory. Currently I am facing difficulties in running the company. The local partners delay signing papers and they do not attend calls on emergencies. It’s very hard to continue with the business and I wish to wind up the company.
IT, Doha

A: A company may be dissolved under Article (291) of the law of the Qatar Commercial Companies, Law No11 of 2015 on various reasons. The reasons include expiry of the objects for which the company has been incorporated, or where realization of such objects become impossible.
Expiry of the duration fixed in the incorporation documents; destruction of all or most of the company’s property, rendering the investment of the remainder infeasible; unanimous agreement by the shareholders on the company dissolution before the end of its duration, unless the company’s memorandum and articles of association provides for dissolution by a specific majority; merger of the company into another; issuance of a judicial judgement dissolving the company and declaring it bankrupt are the other reasons.


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

LEGAL SYSTEM IN QATAR
According to Article 679, if there are number of receivers, they shall act collectively and shall be jointly responsible for their administration. The adjudicator may divide the work between the receiver or entrust one of them with speci?c work. In such case the receiver shall be responsible only for the work assigned thereto. The receivers may authorise each other as agents to perform of duties assigned to them. The receiver shall not engage a third party to act on their behalf unless he obtains leave of the court. The receiver and the person acting on his behalf shall be jointly responsible.
The receiver shall record in special ledger day by day all matters relating to the administration of the bankruptcy. The pages of such ledger shall be numbered and shall be signed and sealed by the adjudicator. The adjudicator and the supervisor appointed from among the creditors may examine such ledger at any time and the bankrupt may also examine such ledger with special permission from the court. The remuneration of the receiver and his expenses shall be determined by a decision of the adjudicator after he submits a report on his administration.
As per Article 682, the bankrupt and the supervisor appointed from amongst the creditors may object before the adjudicator against the actions of its administrator before such acts are completed. The objection shall have the effect of suspending the work. The adjudicator shall decide on the objection within five days of the date of submission thereof.
The adjudicator shall appoint one or more supervisors from amongst the group of creditors. Neither the supervisor nor the representative of a legal person appointed as a supervisor may be a husband or wife of the bankrupt or relation by blood or marriage to the fourth degree.
According to Article 685, the supervisor shall, in addition to the powers assigned by special provisions, examine the balance sheet and report submitted by the receiver with the assistance of the adjudicator in supervising the work of the receiver. The supervisor may seek clari?cation from the receiver concerning the progress of the proceedings, revenues, expenses and status of legal actions related thereto. The supervisor shall not receive remuneration for his work. The adjudicator may, ex proprio motu or at the request of the creditors or the Public Prosecutor order the dismissal of the bankruptcy. The supervisor shall only be liable for his gross error.
As per Article 687, the adjudicator shall, in addition to the powers assigned by special provisions, supervise the administration of the bankruptcy, expedite the proceedings and take the necessary measures to safeguard the assets of the bankruptcy. The adjudicator shall summon the creditors in the cases specified in the law and shall preside over such the meetings. The adjudicator may, at any time, summon the bankrupt or his heirs or customers or employees or any other person to hear their statements on matters related to the bankruptcy.
Decisions issued by the adjudicator shall be filed with the court registry on the day following the issue and shall be noti?ed to the  persons concerned by a registered letter with acknowledgment of receipt. If the law permits, appeal may be made against decisions issued by the adjudicator or the decision is such that it exceeds the jurisdiction. The permitted appeal shall be filed with the court within ten days of the date of notification. The court may order a cessation of execution of the appeal pending adjudication.