(MENAFN- Gulf Times) Question: We found that one of our employees received some money as commission from the supplier without our knowledge and due to these acts, the company incurred loss. The suppliers acknowledged that the employee has received the money several times and employee has written an apology letter addressed to the company related to this issue. Based on this, is it possible to initiate any action against him? Now our board has decided not to continue with employee. In such a case, can we terminate him as he is under a definite term contract? Please advise.
HN, Doha
Answer: The company can initiate penal action against him as per the penal laws. According to Article 146, any employee who asks, accepts for himself or for another person, money or profit or a simple promise of something of the kind, without the knowledge or consent of his employer, to undertake any of the acts assigned to him or abstain from said acts, shall be considered as the receiver of a bribe and shall be punished with imprisonment for a period not exceeding three years or a fine not exceeding fifteen thousand riyals or both. The company can terminate the employee under Article 61of the Labour law.
Confiscation ofemployees' passports
Q: I am working as HR manager of a company which undertakes subcontracts from QP and other similar government entities. As per our company policy, we hold the passport of the employees with the company and recently I came to know that as per the new law it is illegal to hold the passport. But we require the passport for renewals and other pass for the worksites. Is it legal to hold the passport? Please advise.
YT, Doha
A: Confiscation of employee's passport by the employer or its representative is not in conformity with law; companies have no valid justification for retaining passports. The only authority allowed to hold the passport is the judicial authorities concerned or in cases specified by the law. As per Article 8 of the Entry, Exit and Residence law, the employer shall return the passport or travel document to the employee after completion of permit procedures or renewal, unless the employee requests in writing that the employer shall retain the passport or travel document provided that such passport or travel document should be returned to employee upon request. In the event of breach of this provision, the violator shall be subject to fine not exceeding QR25,000.
Even as per the old law (Law No. 4 of 2009), a sponsor is bound to return the passport of his employee after such mandatory formalities as stamping of visa and renewal of residence permit are over.
Termination oflease contract
Q: Our company has a real estate division and we have entered into a lease agreement with another company for three years. Now we received a notice from the tenant stating that they are not in a financial position to continue with the lease contract and they wish to terminate the contract. We refused to accept the termination of contract as it is valid for three years and it cannot be terminated without mutual agreement before its expiry. The tenant responded that they will file a case for the termination. Is it possible to terminate the contract under the current circumstance? Please advise.
DV, Doha
A: The tenant can request the court for termination of the contract as per Article 632 of the civil laws of Qatar. As per Article 632, in the event serious unforeseen circumstances arise in connection with either party which make the continuation of the lease unduly burdensome to such party, the court may, on demand by such party and upon a comparison of the interests of both parties, terminate the lease and fairly indemnify the other party.
Settling debts ofthe company
Q: I invested money in one of my friend's company and he agreed to include me in the partnership. He has issued company cheques to secure my payments. But the business was not profitable and now he is absconding. Now the company is under liquidation and the liquidator has notified to submit the claim. I submitted the claim to the liquidator. The company does not have assets to settle the debts. How does the liquidator settle the debts of the company? Is it in the order of submitting the claim? Please advise.
HG, Doha
A: According to Article 313 of the Commercial Company law, the liquidator shall settle the debts of the company after the payment of liquidation expenses including remuneration of the liquidator in the following order of priority: (1) amounts due to the company employees; (2) amounts due to the state; (3) rent due to the landlord of any property rented to the company and (4) other due amounts each in accordance to its preference with respect to operative legislations.
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LEGAL SYSTEM IN QATAR
According to Article 17 of Law No. 21 of 2015, the people responsible for an expatriate's residence shall be as follows: (1) the employer, with respect to the expatriate arrived for work; (2) the head of the family, with respect to the members of family residing with him in the state. A female expatriate's residence may continue to be the responsibility of the head of the family, even if she works. If the marriage ends for any reason, any family member may transfer to another recruiter, after the approval of the competent authority; (3) Host, with respect to the visiting expatriates; and (4) Competent authorities in the country with respect to expatriate who arrived for any other purpose. A recruiter, whether a natural or legal person, shall meet the following conditions: (1) be a Qatari national or an expatriate residing in the state in accordance with the provisions of the law and if such a recruiter is a legal person, then its head office or a branch office shall be located in the State, and (2) be qualified to bear the obligations towards the expatriate imposed thereon by law.
As per Article 19, the recruiter shall undertake the following: (1) notify the competent authority within 14 days as of the date on which the expatriate's resignation or dismissal or refusal to leave the country after the cancellation or expiration of the Residency permit and the expiry of the grace period, or the expiry of duration of the visit or the purpose for which he was authorized to enter the country; (2) incur the expenses of deporting the expatriate when required in accordance with law. If there is evidence that the expatriate was working for another entity in breach of provisions of this law, such entity shall bear the expenses of the repatriation. If such entity is unknown, the expatriate shall bear the expenses and in the event, the expatriate fails to pay such expenses, the recruiter shall bear the expenses; and (3) the recruiter shall bear the expenses for the burial of the body of the dead expatriate in the designated cemeteries in the state, irrespective of the reason for death.
Upon the request of any heir of the deceased expatriate or any entity which responsible, the recruiter shall bear the expenses of transfer to the country of origin or to the permeant place of residence of the deceased expatriate.
According to Article 21, the expatriate may transfer to another employer before the expiry of the employment contract, upon the approval of the employer, the competent authority and the Ministry of Labour and Social Affairs. Upon the approval of the competent authority and the Ministry of Labour and Social Affairs, the expatriate may transfer to another employer immediately after the end of the labour contract of limited duration or after the lapse of five years of work with the employer if the contract is of unlimited duration.
An expatriate worker may, upon the approval of the employer, the competent authority and the Ministry of Labour and Social Affairs, transfer to another employer if the recruiter dies or if the corporate body is dissolved for any reason.
The Minister or representative shall approve the temporary transfer of an expatriate to another employer if there are legal claims filed between the expatriate and the recruiter, provided the Ministry of Labour and social Affairs approves the request of the employee subject to the Labour Law.
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