Question: Due to some personal reasons, I have to go to India for a week. I requested my sponsor company for the exit permit. The company has denied the request and said the exit permit cannot be issued. It’s necessary for me to be there in India. How can I get an exit permit? What is the remedy available in such kind of refusal? Please advise.
KS, Doha
Answer: Employees whose exit permit requests are denied by their employer can now challenge such denials of their requests through the Exit Permit Grievances Committee formed in accordance with Law No. 21 of 2015. The Committee will verify the background of the applicant to ensure that no active or pending criminal proceedings, or financial claims, are present against him and will also require the employer to explain their reasoning for denying the permit. If the employer fails to provide the reason for the denial, the committee will automatically grant the worker an Exit Permit.
Punishment for intentionally damaging vehicle
Q: My car was parked in the common parking area where I normally park. My car was found damaged with scratches and the tyres were punctured. Though I asked my neighbours about it, no one admitted or commented. Later it was seen in the closed-circuit camera recording that this was done by one of the neighbours. The point is that both our families and children are in good terms. What will be the punishment if I report the matter as per Qatari law?
SU, Doha
A: According to Article 389 of the Penal law, whoever intentionally destroys or damages another person’s movable or immovable properties, or makes them unusable, useless or invalid, shall be punished with imprisonment for a term not exceeding three years or with a fine not exceeding QR10,000 or with both penalties. Punishment shall be imprisonment for a term not exceeding five years if the offence is committed by a minimum of three people.
Compensation for damaging machinery
Q: I have been working in an MEP company in Doha for the last 3 years. One month back, one of the equipment got damaged due to the negligence of an employee. The company conducted an inquiry and concluded that I, being the supervisor, am responsible for the damage. I received a notice stating that the compensation suggested by the board will be deducted from my salary. The management did not listen to my version before concluding the inquiry. Where can I file an appeal against the biased inquiry? Is it legal to deduct the compensation from my salary? Please advise.
DV, Doha
A: According to Article 71 of Labour law, the employee shall be obliged to compensate the employer for the loss of, damage or destruction to machinery, products or equipment of the establishment as a result of his fault provided that the obligation of the employee for the compensation shall be preceded by an inquiry. The employer may deduct the value of the compensation from the wage due to the employee provided that the value of the compensation does not exceed the wage due to the employee for seven days in one month.
The employee may appeal against the decision of the employer on the valuation of the compensation to the Department of Labour within seven days from the date of notification. If the Department cancels the decision of the employer or evaluates a lesser compensation due from the employee, the employer shall return the amount which he has deducted in excess without a right thereto within not more than seven days.
Fixing price for shares
Q: I am holding 16% of the shares in a Limited Liability Company. I am planning to return to my country after selling my shares. How can I sell those shares which I hold according to the Qatar law? How can we fix the price for shares? Please advise.
RC, Doha
A: According to Article 238 of the Commercial Companies law, unless the Articles of Association stipulate otherwise, if any of the partners wishes to assign his share to an individual who is not a partner in the company for consideration, he shall notify the other partners of the assignment terms through the Manager. Upon receipt of such notice, the Manager should notify the partners immediately. Every partner has the right to acquire the share in its actual value and under the same assignment terms.
In event of disagreement on the price, the auditor of the company shall estimate the price on the date of redemption. If a period of thirty days expires from the date of notification with no partner exercising the right of acquisition, the partner shall be free to dispose his share to third parties.
* Please send your questions by e-mail to: leges@qatar.net.qa
According to Article 49 of civil and commercial procedural law, the court may order the litigants to appear before the court in person on a day appointed by itself. If the person required to appear has a reasonable excuse preventing him from appearing, the court shall delegate one of its judges to hear his testimony on a date determined by the court. The Registry of the court shall summon the other party on this date and prepare minutes of the statements of the parties.
If neither the plaintiff nor the defendant has attended, or if the defendant appears alone and no requests are made, the court shall decide on the lawsuit, if it is valid to decide therein, or otherwise the court shall dismiss the same. If the lawsuit stands dismissed for ninety days and neither of the parties applies for the resumption of the proceedings, then the lawsuit shall be deemed null and void.
As per Article 52, if the defendant appears in any hearing or submits the defense statement, the litigation shall be regarded as conducted in his presence even if he fails to appear thereafter. The plaintiff shall not make any new claims or amend the original claims during the hearing in which his opponent fails to appear. Likewise, the defendant shall not, in the absence of the plaintiff, request judgment or any remedy.
If the plaintiff fails to appear for the first hearing, and the defendant appears and submits a claim, the court shall adjourn the hearing to which the plaintiff shall be summoned. If the plaintiff does not appear at the second hearing after having been duly notified of its date, the defendant shall request for the judgment on the subject matter. The judgment shall be considered as issued in the presence of the parties.
If there are several defendants and some of them do not appear in the first hearing, the court shall adjourn the hearing to another day to which the absentees shall be summoned and judgment passed on the case thereafter shall be regarded as passed in presence with regard to them all.
According to Article 55, if the defendant fails to appear in the first hearing, after being personally summoned, the court shall decide on the lawsuit. If he is not summoned in person, the court shall, except in urgent cases, adjourn the hearing to another date on which the absent party shall be summoned. The judgment on the lawsuit in both cases shall be considered as decided in the presence of the parties.
If there are several defendants and some of them do not appear, the court shall adjourn the hearing and re-notify the absentees stating that the judgment shall be considered as decided in the presence of all the defendants.
As per Article 57, upon the non-appearance of the defendant, if the court is convinced on the invalidity of summons, it shall adjourn the hearing to serve the defendant with a proper summons. If the absent party appears in the court before the end of the session, then any judgment delivered against him shall be deemed and void.
The court hearing shall be held publicly unless the court decides either at its own instance or at the instance of one of the litigants to hold it in camera in order to preserve public order or in deference to decency or the dignity of the family. The court shall always pronounce judgments in an open hearing.
Credit: Dr Nizar Kochery / Gulf Times
URL:http://www.gulf-times.com/story/576415/Denial-of-exit-permit-by-employer