QUESTION: Who is liable to pay the death compensation as per law? Is it the insurance company or the employer? I hold the power of attorney for a colleague who died recently and I follow up the compensation owed to him. The company where he was employed is not co-operating to collect the money from the insurance firm.  The company says it is not responsible for this and the insurance firm doesn’t respond to enquiries. What is the maximum compensation my colleague can get? In case of fire accident, what coverage can a victim get?
SE, Doha

ANSWER: As per Article 110 of Labour Law, where a person dies as a result of a work-related injury, the legal heirs of the diseased shall be entitled to receive compensation. The amount of compensation in case of death of an employee because of the work shall be calculated in accordance with the provisions of Islamic Shariah. Currently, death compensation is QR200,000.
The employer’s arrangement with the insurance company is not relevant with regard to compensation payment. Workmen insurance is an indemnity contract to protect the interests of the employer.
As per law, the employer (not the insurance company) shall deposit the compensation for the death in the court within a period not exceeding fifteen days from the date of death.
The court shall distribute the compensation for death amongst the heirs of the deceased in accordance with the provisions of the Islamic Shariah or the personal law of the deceased.
According to Article 803 of the civil laws, in fire insurance, the insurer shall be responsible for all damages arising from the fire or from the start of a fire that can become a complete fire or for a fire risk that can materialise.
Its liability shall not be limited to the damages arising directly from the fire but also covers the damages that arise as an inevitable result thereof, particularly the damages caused to insured property by reason of using methods of rescue or of prevention of the extension of fire.
It shall also be liable for loss or disappearance of insured items during the fire unless it proves that this has taken place as a result of a theft even if there is an agreement to the contrary.

Delay in submission of report to court
Q: The court has appointed an expert, based on our claims but he is delaying submitting his report. He doesn’t attend the proceedings also. Is there any time limit provided by the court for such submission or it’s up to his discretion?
AG, Doha

A: According to Article 351 of the Civil and Commercial Procedure Law, if the expert has not submitted his report to the court within the term specified, he shall be bound to file a submission stating whatever functions he has carried out, and reasons which forestall the completion of his mission.
If justifiable, court will grant the expert more time to complete the report otherwise court shall adjudge him with a fine not exceeding QR2,000 and grant time or replace him.

Distributor’s liability
Q: What is the liability of a distributor or an agent who circulate publications? Is there any restriction on circulating print materials in Qatar if there are controversies over the content? What will be the punishment for importing such print materials having socially unacceptable contents?
BN, Doha

A: According to Article 292 of the Qatar Penal Laws, whoever produces, imports, exports, possesses or transports immoral books, prints, writings, drawings, photos, movies or symbols for the purpose of exploitation, distribution or display shall be punished with imprisonment for a term not exceeding one year and/or a fine not exceeding QR5,000. The same penalty shall be imposed on any person who declares, displays, sells, rents out or distributes such materials even if not publicly.

Shareholders’ responsibility
Q: I am a shareholder in a contracting company, holding 10% of its shares, but I am not actively involved in its business. The company is running on a loss and there are some cases against the company. Its authorised signatory was detained by police over a cheque case recently. We settled the case. Are the partners personally liable for such a case even without signatory rights?
VC, Doha

A: The shareholders who are not signatories shall be responsible for such cheques or any other claims related to the company only if they are guarantors and have undertaken to pay such claims. The manager who has signed the bounced cheque will be liable for cheating. In case of a judgment against the company in a civil suit, execution will be on the company’s assets only and within the limits of the share capital.

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LEGAL SYSTEM IN QATAR
In a judgment issued nullifying or setting aside conciliation, the court shall appoint an adjudicator and receiver and it shall order to affix seals to the property of bankrupt. Within seven days from the date of the judgment nullifying or setting aside conciliation, the receiver must publish a summary of this judgment in two daily newspapers.
In the presence of the adjudicator or his deputy, the receiver shall make a supplementary inventory of the bankrupt’s property and shall draw up an additional balance sheet.
As per Article 758, the receiver shall summon the new creditors to submit documents supporting their debts in accordance with the procedures for verification of debts. All new debts shall be verified immediately, whereas the debts that have previously been accepted shall not be subject to reverification of the debts and these debts shall be excluded or reduced by the extent to which they have been paid in full or in part.
Conciliation may be concluded subject to the relinquishment of debtor’s properties in whole or in part. If the proceeds of sale of the properties relinquished by the debtor exceed the debts payable by him, the excess amount must be restituted to him.
The creditors shall be considered in a state of union by virtue of the law in the following: (1) If the debtor refrains from applying for conciliation; (2) If the debtor requests conciliation but the request has been refused by the creditors and (3) If the debtor obtains conciliation which is subsequently nulli?ed or set aside.
According to Article 764, following the establishment of the union, the adjudicator shall summon the creditors to deliberate on the affairs of the bankruptcy and consider either retaining or replacing the receiver. Creditors who hold securities in kind may participate in these deliberations and voting, without forfeiture of their securities. If the majority of the creditors decide to replace the receiver, the adjudicator shall appoint another person immediately. The newly-appointed receiver shall be called the Creditors Union receiver.
The previous receiver shall submit an accounts for his administration to the new receiver at such time determined by the adjudicator and in his presence. The debtor shall be noti?ed of the date of submission of such accounts by registered letter with acknowledgement of receipt.
As per Article 767, even if previously allowed, the receiver of the union shall not continue with the business of debtor except after obtaining a special authorization from a majority representing three quarters of the creditors in both number and amount, and after approval by the adjudicator.
Debts arising from continuation in the business of debtor shall be considered debts on the bankruptcy, to be paid with priority before making any distributions.
If continuation in the business gives rise to obligations exceeding the assets of the union, the creditors who have approved continuation of the business shall be severally liable for the excess, provided that such excess arise from acts that is included within the limits of the authority they have issued, and the liability of each creditor shall be in proportion to his debt.
The receiver of the union may sell the movables of bankrupt and commercial premises in order to recover his dues, without obtaining the opinion or permission of the adjudicator.