QUESTION: We were the sub-contractors for a project in Doha and as per the agreement, the employer had supplied the materials. On execution of the work, it was found that the materials used were defective. We have now received a notice from the employer, stating that we are liable for the defects of the goods. Is this charge legally valid?
DF, Doha

A: Article 685 of the civil law stipulates duty of care obligation on the part of the contractor.
If the work materials are provided by the employer, the contractor shall take all reasonable care to protect such materials, comply with the technical practices for the proper use of such materials, account for the materials to the employer, and return to the employer any remaining part of such materials.
Where such materials are not fit for use, either in whole or in part, due to the negligence or technical inefficiency of the contractor, he shall pay the value of such materials to the employer, together with indemnity, as applicable.

Laws regulating lease relationships
Q: Our landlord sold the property he had rented to us to another person who wants us to pay the rent in advance before first of every month. Is this legal? Can he evict us from the premises on this ground? The new landlord, after an inspection tour, served us a notice, stating that we had illegally altered the property and has banned us from doing our operations therein. We had verbally agreed with the former landlord with regard to the alterations and our activities. What are our rights? Our contract is for five years and we don’t want to vacate.
CX, Doha

A: As per laws regulating lease relationships, a lessee is legally obliged to pay rentals in seven days. In the event of non-payment within the said period, the lessor can file a rental case before the rental dispute settlement committee on rental disputes to claim for the rent and termination of the contract.
The lessee shall use the leased property in the manner agreed under the lease contract. In the absence of any agreement, he shall use the property in accordance with the purpose for which it is designed subject to compliance with the prevailing practice. The lessee may not, without the permission of the lessor, make any alteration to the leased property unless no damage is thereby occasioned to the lessor. If the lessee makes alterations to the leased property in excess of the limits prescribed, he may be compelled to reinstate the property to its original condition and to pay compensation if compensation is due.

Withholding information
Q: I have reported an offence committed by an individual to the police but my neighbours will not co-operate with the investigation because of fear of retaliation from the accused. They are the sole witnesses. What is the punishment as per the law if any witness fails to disclose the information concerning a crime to the officials or provide false statements?
SV, Doha

A: According to Article 172 of Qatar penal laws, any person, being a witness who, after taking the oath before a judicial or investigative authorities, gives false testimonies or withholds all or some of the information of which he is aware regarding the facts of the case concerning which his testimony is being made, shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding QR10,000.

Probation isn’t mandatory
Q: I may lose my job due to redundancy. I have a new job offer but it has a  probation for three months. Is it mandatory that I must undergo probation?  After the sponsorship transfer, can the company terminate me, citing “unsatisfactory probation”? Is there any other option to work with the new employer other than transferring sponsorship to him?
NM, Doha

A: Probation is not mandatory. But subject to a maximum of six months, the employment contract may specify probation period for the employee. The employer may terminate the contract during the probation period if the employee is found incompetent to perform the assigned duties and that the employee be informed at least three days before the termination.
To overcome probation and its uncertainties, propose working under secondment with the new company at least during the term of probation.
Under entry and exit laws, the competent authority may authorise the employer to lend his employee for six months, which may be renewed for another six months.

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

LEGAL SYSTEM IN QATAR
As per Article 824, where the court rati?es the composition, it shall either retain the supervisor or appoint from among the creditors one or more supervisors to follow up the execution of the terms of the composition and notify the court of any violations to these terms. The supervisor shall not receive any remuneration for his work.
The court shall refuse ratification of the composition where the procedures are not complied with, or where grounds are revealed relating to the public interest or the interest of the creditors justifying rejection of the approval of the composition. The court may not any application for the adjudication of bankruptcy of the debtor except after deciding to reject the composition.
According to Article 827, no appeal may be made against the judgments issued ratifying the composition. The debtor may seek a review of a judgment which refused rati?cation of the composition within 20 days of the judgment. Neither debtors who are jointly liable with the debtor, nor his guarantors for the debt shall bene?t from the composition.
Nevertheless, if the composition is concluded with a company, partners who are liable to the extent of all their property for the debts of the company shall benefit from the terms thereof. The composition shall not apply to the debt of the alimony, or to debts that arose after the order initiating the composition procedures.
As per Article 830, the court which ratifies the composition may grant the debtor, pursuant to his application and after hearing the statements of the creditors, periods of respite for repayment of the debts to which the composition is not applicable that arose prior to issue of the judgment declaring the composition proceedings open, provided that the periods so granted do not exceed the period stipulated in the contract of the composition. Such provision shall not apply debts of the alimony.
Ratification of composition shall not entail precluding the debtor from periods of respite that are more longer period than prescribed in the contract of composition
An application for annulment of the composition shall be submitted within six month from the date on which the act of fraud is revealed; otherwise the application shall not be accepted.
In all cases an application for annulment of a composition shall not be accepted when submitted after three years from the date of judgment for the composition ratification. The annulment of the composition shall discharge the guarantor who guaranteed the execution of the composition terms.
According to Article 832, pursuant to an application of any creditor, the court may order to set aside the composition in the following cases: (1) if the debtor fails to execute the composition terms as agreed upon; (2) If, after rati?cation of the composition, the debtor performs an act to transfer the ownership of his business without acceptable justification; and (3) If the debtor dies and the heirs fails to execute the terms of the composition.
Creditors shall not be obliged to refund the received part of debts before the judgment setting aside the composition. The setting aside of the composition shall not discharge the guarantor who guaranteed the performance of the conciliation terms, and the guarantor shall be summoned to appear before the court for consideration of the application.
Within 30 days of the date of completing the execution of the composition proceedings, the supervisor shall apply to the court that ratified the same declaring the proceedings closed.