QUESTION: Last week, my friend had some arguments with his neighbour related to his car’s parking. He had shouted at her during the argument. The lady filed a case against him before the police. Police took him into custody and presented him before public prosecution. He was released on bail later and he received a paper from the Public prosecution in which two sections are mentioned – 291 and 293. What are these sections? 
WQ, Doha 

ANSWER: Articles 291 and 293 are the charges filed against the accused. According to Article 291 of the Penal laws, any person who offends a female by words or makes a sound, a gesture or a display for the purpose of letting her hear the word or the sound, or see the gesture shall be punished with imprisonment for a term not exceeding one year or a fine not exceeding QR5,000 or both. 
As per Article 293, anyone who disturbs or annoys other people by using immoral expressions or words via a wireless set or other electronic means shall be punished with imprisonment for a term not exceeding six months or a fine not exceeding QR3,000 or both.

Criminal liability
Q: I am working with a contracting company as its manager and the company has authorised me to sign its cheques. We face financial difficulties at present due to the unpleasant market conditions. In our board meeting, it was decided to issue post-dated cheques to creditors even though without funds in the account. Suppose, if I sign a cheque without sufficient fund as instructed by the company management and when there is a cheque dishonour issue, can I get any exemption from the criminal charges being signed on behalf of company or its decision?
DY, Doha

A: The cheque is a tool of payment that is considered as money and replaces it while paying the obligations. It is an unconditional order by the drawer to the bank to pay the beneficiary certain sum of money on a specific date. The issuance of cheque without sufficient funds in the account is an offence regardless of the motive for issuing such a cheque. The criminal liability will arise against the signatory of the cheque regardless of instructions of the company.

Automatic confirmation
Q: As per my employment contract, my probation period was agreed for three months. However, even after completion of the six months of employment the company did not issue any confirmation letter. As I want to avail a vehicle loan from the bank, is it mandatory that a confirmation letter be issued by the company for proving employment? Do the employer and employee agree the rates for gratuity? 
ER, Doha

A: As per law, the employment with the company got automatically confirmed on completion of the three months probationary term. In the event of extension of the period of probation, written orders to be issued and the maximum permitted term shall be six months. 
No specific confirmation letter is required to establish the employment confirmation. Article 54 of the Labour Law provides that an employer and employee can agree on the rate of gratuity provided the rate equals to or is higher than 3 weeks’ of the basic salary for every full year that he has worked for the employer. Basic salary at the date of termination is the basis and part years to be pro rated.

Tenant responsible for minor repairs
Q: If the contract is silent on the minor maintenance of the buildings, who is responsible for it? We are into real estate business and our tenancy contract is silent on minor maintenances. Some of our tenants have not carried out maintenance. In such case, shall we claim compensation for non-maintenance and damage? 
OY, Doha 

A: According to Article 615 of the civil law, the tenant shall carry out all such minor repairs as are required for the proper use of the leased property and as applicable by practice, unless agreed otherwise. The tenant is obligated to return back the property in its original condition considering the element of normal wear and tear. 
If the leased property is delivered without a description of its condition, the tenant shall be presumed to have taken delivery of the property in good condition until evidence to the contrary is provided. The tenant shall be bound to compensate the landlord in case of any damage to the property. 

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