QUESTION: I am working in an automobile company in Doha and due to some financial difficulties, the company is reducing the staff. My contract is valid up to May 2018. If the company terminates me, can I return to Doha for another job? Will there any ban for me? Please advise.
TY, Doha

A: As per the new regulations, if the company terminates and cancels the residency permit of an employee, he/she will be able to return to Qatar to take up a new employment immediately after being granted a new visa. The new law abolishes the current two-year ban on expatriates who wish to come back to the country on a new visa. An expatriate who has got a new contract to work in Qatar can come back even the next day.

Q: I understand that there was a case in the court in which I am also an interested party. I got the information that the case is now reserved for judgement. Is it possible for me to join in the case? Is there any such procedure?
RT, Doha 

Answer: As per Article 78 of the Civil and Commercial code of procedure, any interested person may join the lawsuit to any of the parties or claim judgement for a remedy connected with the lawsuit. The joinder application shall be in accordance with the normal procedure for filing lawsuits prior to the date of the session, or by verbal application in the presence of the parties to be noted in the records of the same. The joinder application shall not be permitted after close of pleadings.
The court shall decide on every dispute relating to the acceptance of joinder. Joinder shall cause deferment of judgement in the original lawsuit whenever it is fit for judgement. The court shall decide on joinder applications together with the original lawsuit, whenever it is possible, otherwise it shall reserve the joinder application for judgement after granting the same.

Becoming partner in friend’s company
Q: I am working in a company as an accountant and one of my friend who owns a business in Doha has asked me to partner with him for the business. I have discussed with my company management and they don’t have any objection on being partner in any other company. But my friend opined that I being employed, cannot legally be a shareholder in some other company. I don’t want to be an investor without a shareholder. Are there any legal provisions in this regard? Please advise.
TY, Doha

A: The relevant provisions of the Commercial Companies Law and other regulations on incorporation of companies do not impose any restriction for becoming a shareholder in a company even while under the employment of another company.
Pursuant to Article 16 of the Entry, Exit and Residence Law (Law No. 21 of 2015), an expatriate is allowed to perform management roles in a company (different from the company for which he was recruited) of which he is a partner and authorised signatory. However, according to Article 23, no natural or legal person shall permit any expatriates who were recruited by them for employment to be employed by any other employer without approval of the Ministry of Labour. Nor shall they employ any person not under their employment.
Thus, the law does not prevent you from being a partner in your friend’s company as you will not undergo employment there. It is also advisable to obtain a no-objection letter from the current employer to avoid any issues or differences of opinion in future.

Punishment for causing damages
Q: If someone damages my personal belongings, can I approach the police for such acts? What will be the punishment imposed on any such offender? Please advise.
DF, Doha

A: In such case, the victim can seek the assistance of the police department. The offender shall be punished as per the provisions of penal law of Qatar. According to Article 389, any person, who intentionally destroys, damages or spoils, another person’s movable or immovable properties, or makes them unusable, invaluable, useless or invalid, shall be punished with imprisonment for a term not exceeding three years and/or a fine not exceeding QR10,000. Punishment shall be imprisonment for a term not exceeding five years if the offence is committed by a minimum of three people.

Foreign firm can open an office
Q: Our company does not have any operations in Qatar and we don’t intend to establish a local company. If we have projects to execute in the territory, how can we execute it without partnering with any other company. Is it possible to establish a 100%-owned company in Qatar for a project? Please advise.
YUI, Doha

A: Under Article 3 of the Foreign Investment Law – Law No.13 of 2000, a foreign company can open a temporary branch office in Qatar if the company is awarded a specific contract involving a project that contributes to public service or interest. In this situation, the Minister of Economy and Commerce can license the foreign company to conduct business in Qatar for the specific purpose of completing the contract. The licence to operate the temporary branch office will expire once the contract is completed. A foreign company can open a representative office by filing an application at the Ministry of Economy and Commerce.

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

LEGAL SYSTEM IN QATAR
The provisions of the Penal Law shall apply to: (1) any person who commits outside the State of Qatar an act which renders him a perpetrator or an accomplice in a criminal offence that has occurred entirely or partially inside the State; (2) whoever commits inside the State an offence that makes him a perpetrator or an accomplice in a criminal offence that has occurred entirely or partially outside the State and it is punishable by virtue of law and the law of the country in which it was committed; and (3) any person who commits outside the State or participates in an offence against the internal or external national security, or commits forgery and counterfeit of official documents, government seals, marks, or stamps, or the forgery and counterfeiting of any currency note or coins in the State, or possessing or distributing these counterfeited currencies.
As per Article 20, whoever reaches seven years and under 16 years of age is subject to the provisions of law of juveniles. The death sentence shall not be imposed on any juvenile who is under 18 years of age at the time of committing the offence.
The offences are three types: the felonies, the misdemeanors and the contraventions. The nature of the offence shall be determined according to the maximum limit of the penalty provided by the law.
According to Article 22, the felonies are the offences punished by sentence to death, life imprisonment, or imprisonment for a term more than three years. Unless otherwise stipulated in the law, the imprisonment for felonies shall not be less than three years. Contraventions are offences punishable by a fine not exceeding QR1,000. The material element of an offence is the criminal activity involved in the commission or omission of an act where such commission or omission is criminal according to the law.
According to Article 28, the attempt is making effort with an intention to commit a felony or misdemeanor, which is prevented or frustrated for reasons not connected to the intentions of the perpetrator. Unless otherwise stipulated by the law, the mere intention to commit a felony or a misdemeanor or acts in preparation thereof shall not be deemed as attempting. The attempt to commit a felony shall be punished by the following penalties: (1) Life imprisonment, if the penalty for the felony is death sentence, (2) Imprisonment for no more than 15 years and not less than five years, if the penalty for the felony is life imprisonment, and (3) Imprisonment for a term not exceeding half the maximum limit decided for the felony, if the punishment of the felony is imprisonment.
As per Article 32, the mental element of the crime is comprised of intention (mens rea) and mistake. The intention is the will of the perpetrator to commit an act or abstain from an act, in order to produce the result punishable subject to provisions of law. The mistake occurs whenever the result is achieved as a result of a mistake on the part of the perpetrator, whether such mistake is due to negligence, carelessness, recklessness, imprudence or non-compliance of the laws or regulations.
The ignorance of law is not an excuse. Ignorance of the law by a person who commits an offence is not an excuse for committing that offence. Unless otherwise stipulated by law, the motive for the commission of offence shall not be taken into consideration.Last updated: March 25 2017 12:18 PM

Credit: Gulf Times

URL:http://www.gulf-times.com/story/539793/Returning-to-Qatar-for-a-new-job