By Nizar Kochery Doha
QUESTION: We are working in a hypermarket. As everybody knows, we work for more hours and on all holidays. Are we not entitled for eid holidays including the day of Eid? Except Muslims, no one is allowed to be absent even on the Eid day. What are the regulations for Eid holidays? No overtime pays are applicable for us. Please advise. YN, Doha
ANSWER: Qatar Labour Law provides for public holiday of three days each for Eid al-Fitr and Eid al-Adha and no discrimination is allowed based on religion. In addition, if the circumstances of the work require the employee to work during Eid, the employee is required to be compensated for the rest day in accordance with the Labour Law. If the Eid holidays fall on a Friday, Saturday or indeed any other public holiday, it is likely that a day either before or after will be allocated as a holiday to make up for the loss.
Article 78 of the Qatar Labour Laws stipulates holiday entitlements. If the circumstances of the work require the employment of the worker on any such leave days, the provisions of article 75 of the law relating to overtime shall be applied. Accordingly the worker shall be compensated for the leave day by another day, and shall be paid for working that day the wage payable to him for the ordinary weekly rest day or his basic wage plus an increase of not less than 150%.
Termination of
rent contract
Q: We established the company in 2014 and rented an apartment for staff in February 2017 which was agreed for two years. The contract does not allow for early termination. Now, the management has decided to reduce the number of staff in the company. Therefore, we don’t require the said apartment as our staff accommodation. The leasing company is not agreeing for the termination of contract. We are financially in a bad situation and unable to afford the rent also. Is there any way to terminate the contract through court by presenting the difficulties? Please advise.
HJ, Doha
A: As the lease contract is valid for two years, the terminating party should require the consent from the other party. If the lease contract does not specify any provision for the early termination or other party refuses to agree on such termination, the parties to the contract may invoke the provision of civil law of Qatar. According to Article 632 of the civil laws of Qatar, the lease contract may be terminated before the expiry of the period if unexpected circumstances arise in connection with either party which makes the continuation of the lease unduly burdensome to such party, and 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.
Steps to obtain
duplicate certificates
Q: I lost my educational certificates when I shifted my accommodation from Doha. I require to obtain duplicate certificates. What are the procedures to be followed to get duplicate certificates?
TY, Doha
A: For duplicate certificates, you must submit an application to respective institutions as per the procedure. An FIR is a must to prove that you lost your educational certificates. So, first lodge a complaint with the police from where they were lost. Obtain a copy of the FIR, authenticated by appropriate authorities and finally get it endorsed by your country’s embassy and use this copy for applying for duplicate certificates.
Shares of debtor
in business
Q: I hold 25% shares in a small company in Doha which is engaged in trading and contracting and 20% shares owned by a family friend of mine, 4% by his wife and the balance by our Qatari partner. My friend left Qatar two months back without settling his debt. Now the creditors have filed a case against him. Does it affect our business? How does it affect the share in the company?
FG, Doha
A: Article 533 of the Civil law states that if any shareholder has personal creditors, they may not collect their rights from that shareholder’s contribution to the share capital of the company, but they may settle such rights from his share of the profit. If the company is liquidated, the creditors may collect their rights from the share of their debtor in the assets of the company after deduction of the company’s debts. However, prior to liquidation, they may impose an injunction on the share of such debtor. The court may issue injuction / attachment orders to protect the interests of the creditors.
* Please send your questions by e-mail to: leges@qatar.net.qa
Credit: Gulf Times
URL:http://www.gulf-times.com/story/562381/LEGAL-HELPLINE