Question: What are the liabilities of an employer for the acts of the employee? We have received a court notice claiming certain amount as damages incurred by the claimant due to the acts of one of our employees while in the course of employment. The employee is not in Qatar now. Please advise.
ER, Doha

Answer: The employer’s liability for acts of the employee depends upon what capacity the employee was acting in. According to Article 209 of the civil laws, an employer shall be liable for the damages caused as a result of an unlawful act by the employee where that act was committed during the course of the employment. The employment relationship shall be established where the employee’s activities that are in furtherance of duties owed to the employer and where the employer is, or could be, exercising some control, directly or indirectly, over the employee’s activities. If an employee was working within the scope of his employment when he caused an injury to another person, it is most likely the employer will be held liable for the cost of that injury.
If an employee acts in a negligent manner and causes an injury to another person, the company may be liable for any expenses incurred by that person as a result of the injury. In other words, if an employee is performing his duties, and an injury occurs because of it, the employer is held liable. However, if the employee acted out of his own personal volition and either purposefully or recklessly caused the injury, it would not be the company who is liable for the act.

Judgment debtor,
judgment creditor
Q: There is a judgment against me ordering to pay money to the other party on an issue related to execution of a contract. I have appealed the judgment, but the execution was not stopped. There is a travel ban on me and I don’t have money to pay. I came to know that the other party can seek my imprisonment if I did not make the payment. What is the law in that regard? Please explain.
GS, Doha

A: According to Article 514 of the Civil and Commercial Procedure law, if the judgment debtor abstains from the execution of final judgment issued against him, the judgment creditor may request the imprisonment of the judgment debtor. The request summons the judgment debtor to appear before the competent court of execution. If it is proved that judgement debtor is not able to fulfil his obligation based on the issued order, the execution court may order the imprisonment which shall not exceed three months.

Provision regarding
overtime payments
Q: I started my career as a web designer in 2016 in a reputable company in Qatar. We have lot of clients and our employees used to do overtime almost every day. However, the company is not paying the overtime properly. What is the provision regarding overtime payments in Qatar’s Labour Law? In addition to that, the management refuses to grant annual leave to employees on ground of pending works. What is the rule on annual leave? Please advise.
JJ, Doha

A: Article 73 of the Labour Law and Decision No. 11 of 2005 are relevant on work hours. Ordinary working hours shall be 48 hours a week @8 hours per day. Any extra time should be treated as overtime and maximum work a day including overtime shall not exceed 10 hours. The normal overtime rate is 125% and for off days and holidays, the worker will be entitled for 150%. Also, the workers excluding shift workers who work between 9pm and 6am shall be paid @150%. Article 79 of the law states that an employee who has completed one year’s continuous service shall be eligible for annual leave with pay. This leave shall not be less than three weeks for the worker whose service is less than five years and four weeks leave for the worker whose service is more than five years. The employee shall be entitled to a leave for fraction of the year in proportion to the period of his service.

Punishment for
accepting bribery
Q: Under Qatar laws does it amount to bribery if someone working in a public office receives a gift for offering some assistance? Please advise.
TR, Doha

A: According to Article 140, any public officer who solicits or accepts for himself or another party, any gift or privilege of any kind, or any promise thereof in return for undertaking any activity or abstaining from carrying out any activity under the remits of his office shall be considered as receiver of bribery; the penalty of imprisonment for a term not exceeding 10 years and a fine not exceeding what he received or promised shall apply to him, provided that it shall not be less than QR5,000.

* Please send your questions to leges@qatar.net.qa

April 14 2018 12:18 AM

Credit: Gulf Times

URL:http://www.gulf-times.com/story/588924/Employer-s-liability-for-acts-of-employee