QUESTION: Our labour accommodation was evicted by the municipality last week. But we had not received any prior notification on such an eviction. When we approached the municipality, they did not disclose anything on the eviction as the notice was issued in the name of landlord. From our landlord, we got the information that the action was taken because of the violation of Law No 15 of 2010 and he gave us a copy of the notification. What is mentioned in this law? 
KJ, Doha

ANSWER: Article 1 of Law No 15 of 2010 prohibits the landlord or authorised representatives, or employers or their representatives to lease, rent or allocate property or parts of property of whatever nature to be a residence for labourers within family residential areas. 
A decision issued by the municipality classifies the areas into labour residential and family residential ones. In case of such violations, a notice will be issued for vacating the premises and if not vacated within the time period, the municipality officials will evict the tenants. 

The validity of agreement
Q: One of my colleagues borrowed an amount from me and agreed to repay in instalments. It was agreed to make an agreement for the repayment. He prepared an agreement on normal paper with all terms and conditions but he is not willing to come to the ministry for its attestation. Is this agreement valid or not? 
SF, Doha

A: According to Article 171 of the Civil law, the contract makes the law of the parties. The contracting parties can agree terms which do not contravene the law, and will be bound accordingly. A contract must be performed in accordance with its contents and in compliance with the requirements of good faith and honesty. It can be revoked or altered only by mutual consent of the parties or for reasons provided for by the law. Ministry attestation on the contract is not a mandatory requirement for its legal validity.

Guarantor’s obligations
Q: I stood as guarantor for a loan availed of by my friend for his personal needs. He has so far made the monthly instalments without any break. Now he wishes to move to Saudi Arabia as he has got a good opportunity there and he agrees to continue the repayment from there. Being the guarantor of his loan, what will be the effect on me if he fails to make the payment? Can I recover the sum from him? 
VT, Doha

A: A guarantor is a person who agrees to repay the borrower’s debt should he or she default on agreed repayments. If borrower defaults, the bank would first approach the borrower to take care of the dues. However, if the borrower is unable to do so, the bank will approach the guarantor to settle the dues. 
The guarantor can ask the bank to appropriate borrower’s security to recover his dues and if liquidating his assets is not sufficient, the bank has the right to recover the money from the guarantor. 
As per the civil law, If the guarantor repays the dues, all the borrower’s security will get transferred to the guarantor and the guarantor can recover his money later from the borrower. 
Article 828 states that a creditor is bound to hand over all documents that are necessary to enable him to exercise his right of action to the guarantor at the time of discharge of the debt. 

Changing ownership
Q: Does the change in the management or ownership of the company affect employees’ entitlements? My wife has been working with a company for the past five years. The company management has changed hands recently. The old partner has sold his shares and left Qatar. Now my wife is pregnant and when she approached for maternity leave, the management stated that she could not avail of the maternity leave because of the change in management. The management is calculating the period of service from the date of ownership change. 
SR, Doha

A: The change in ownership of the company does not affect the entitlements and other benefits of the employees. The new employer shall replace the former in regard of all obligations. 
One year in employment with the same employer is the only requirement for entitlement of maternity benefits. Article 96 of the Labour Law (No14 0f 2004) provides that female employees are entitled to 50 days paid maternity leave on full salary. 
A medical certificate issued by a licensed physician stating the probable date of delivery is to be submitted to the employer for granting such leave. Said leave shall include the period before and after the delivery provided that the period following the delivery shall not be less than thirty-five days. If the post-delivery health condition hinders return to work after the end of the maternity leave period then, provided that an adequate medical certificate is furnished, an employee may take unpaid leave for a period not exceeding 60 consecutive or staggered days. 

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