QUESTION: One of our employees working at a construction site sustained some injury because of his negligence. Is the management liable for the injury? Does the law exempt the management from sanctioning the compensation? Can we initiate any action against the employee for such negligent act? 
VY, Doha

ANSWER: As per Article 109 of the Labour law, the worker who sustains a work injury shall be entitled to receive medical treatment appropriate to his condition at the cost of the employer in accordance with the decision of the competent medical authority.  The company or the employer is not responsible for the injury sustained due to wilful misconduct of the worker. 
As per Article 111, the compensation shall not be payable if the injury is attributable to serious and wilful misconduct by the worker and which shall include such an act committed under the influence of alcohol or drugs; that the worker violated the instructions of the employer concerning the preservation of vocational health or safety or committed a gross negligence in the carrying out of these instructions; that the worker without a genuine cause refuses to subject himself to the check-up or adopt the treatment prescribed to him by the competent authority. 
If it is proved that the worker injured himself deliberately in order to receive compensation or medical leave,  the employee would be liable to face criminal charges. 

Precautionary attachment
Q: I have obtained a judgment in my favour from the civil court in a case against a national. The court has ordered him to pay certain sum. I have made a case for the verdict’s execution and have also sought travel ban on him. But I still haven’t received the money due to me. Could we get any other orders from the court to make him pay the amount due to me.
DR, Doha
A: Under the Civil & Commercial Procedure Code, the courts have power to issue a precautionary attachment up to the value of the claimed debt. The attachment order freezes the debtor’s bank accounts, properties etc. without prior warning.  As per Article 514, if the judgment debtor abstains from the execution of judgment issued against him, the judgment creditor may request the imprisonment of the judgment debtor. 
The court may order the imprisonment of the judgment debtor if it is established that judgment debtor is able to fulfil his obligation based on the issued order. Such imprisonment period shall not exceed three months.

No-objection certificate
Q: Do employees have the right to get NOC when a company terminates them because of financial crisis or financial loss? Our company is terminating many of its employees because of market conditions. Can the employer reduce the end-of-service benefits payable considering the loss of the company? 

IJ, Doha

A: No-objection certificate (NOC) is issued at the sole discretion of the current employer and the employee has no legal right to claim. Article 4 of the prevailing Entry & Exit Law of foreigners prohibits the granting entry for work to one who earlier resided in the country to work for two years after the date of departure unless otherwise supported by written consent of the previous/current sponsor.
However, as per the Labour Law, employee will be eligible for gratuity and other leave benefits on completion of one year in service. Any release, compromise or waiver of the entitlements prescribed for the worker by the labour law shall be deemed void

A false complaint
Q: My colleague made a  complaint to the police against a person but later it was found the complaint was false which is made after some personal problems between them. Now the police have charged a case against him for making a false allegation. What is the law and what is the punishment for such acts? 
CZ, Doha

A: According to Article 190 of the Penal laws, any person who knowingly and falsely submits written or oral report alleging a criminal offence requiring a judicial penalty to a public officer empowered to act upon the information shall be punished with imprisonment for a period not exceeding three years or a fine not exceeding QR10,000 or both. 
As per Article 191, any person who disturbs any public authority by making statements about catastrophes, accidents, offences or dangers which are nonexistent and in such cases, the court may decide to compel the accused to pay the expenses, which resulted from the false statements, and shall be punished with imprisonment for a term not exceeding five years. 

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

LEGAL SYSTEM IN QATAR

According to Article 110, the company shall not provide any monetary loans of any kind to any board member or provide security for any contract concluded by the member with third party. Notwithstanding, the banks or other credit companies have the right to lend to the board members, open a letter of credit or provide security for any contract concluded with third party, subject to the same terms and conditions specified by the Qatar Central Bank. Any transaction made in breach of this provision shall be void, without prejudice to the right of company to claim compensation from the defaulter.
The company shall be bound by acts done by the board of directors within the limits and shall be liable to compensate third parties for damages resulting from illegal acts done by the board members.
As per Article 113, the chairman and board members shall be jointly liable for compensating the company, the shareholders, and third parties for the damages resulting from any fraudulent acts, or any abuse of power, or any violation of provisions of this law or any acts not in conformity with article of association, or any error of management, and any term to the contrary shall be void. 
All the board members shall be liable to compensate if the fault resulted from a decisions made by the members unanimously. 
But, for the decisions made by the majority, members objecting to the such decision shall not be responsible if their objection was recorded in the minutes of meeting. 
Absence from the meeting could not be considered an excuse for being exempted from responsibility unless it is proved that the absent member was not aware of the decision, or that he could not object it after becoming aware of the decision.
According to Article 115, the company may file the civil suit against the board members for errors resulting damages to all shareholders within a period of five years of occurrence of such error or negligence. 
The ordinary general assembly resolve to bring such a legal action and appoint a person to represent the company therein. If the company is under liquidation, the liquidator shall file the court action by virtue of a resolution by the general assembly.
Every shareholder may bring a legal action individually if the company fail to initiate an action, if the error caused him damage as a shareholder, provided that he shall notify the company of his intention to bring such an action. Any term in the article of association to the contrary shall be void. 
As per Article 117, any decision by the general assembly absolving the board of directors from the responsibility shall not result in the dismissal of the lawsuit filed against the board members for errors committed during the execution of their function. If the act causing the liability has been presented before general assembly and was approved, the court action shall expire after five years from the date of such general assembly. Nevertheless, if the act attributed to the board members is a criminal offence, the court action shall only expire upon the expiry of the criminal claim. 
The general assembly may dismiss the chairman of the board of directors or any of its members on the basis of motion passed by the absolute majority of the board of directors, or upon a signed request by a number of shareholders holding at least one quarter of the subscribed capital.