QUESTION: My father started working with a construction company in Qatar in 2010 and he died at the workplace in an accident later. Whenever we contacted the company for compensation, we used to be told that it was “under process”. The last letter we received from the company was on June 4, 2014 which said that “you are not entitled for compensation”. When we contacted the company again, we were informed that our claim was no longer valid because of delay in filing our claim.
IO, Doha
ANSWER: Article 110 of Qatar Labour Law No 14 of 2004 provides compensation for work injuries. The members of the deceased workers’ family (legal heirs) shall be entitled to compensation in accordance with the provisions of Islamic Sharia.
The family should obtain a legal heir-ship certificate; get it authenticated at the appropriate authority and Qatar embassy/Ministry of Foreign Affairs to claim this amount.
The period of statutory limitation for claiming the compensation through court is one year from the date of death. A statute of limitations shall be calculated as of the date when the entitled person knows or should know that his/her rights have been infringed upon.
The period of limitation shall be calculated from the date when he or she actually knows his or her rights have been infringed upon or when the party should have known of the infringement.
Since you have received letters from the employer on various dates including the letter of June 4, 2014, you may conveniently use this to argue interruption to calculate the beginning date for the right to claim as June 4, 2014.
Employer’s discretion
Q: My company has terminated many staff because of financial crisis, with the HR manager agreeing to grant no-objection certificates (NOC) for sponsorship transfer to all terminated employees. But the HR manager says that the managing director is against granting the NOC to me. The other terminated employees have got their NOCs. Is it possible for me to take any legal action against the company to get my NOC? Is it possible for me to work in Qatar without any NOC?
JU, Doha
A: Article 4 of the Sponsorship Law prohibits the granting entry for work to one who earlier resided in the country to work only two years after the date of departure unless otherwise supported by written consent of the previous/current sponsor. Grant of no-objection letter is at the sole discretion of the current employer and not as a matter of right of the employee.
SHOW_GAD
Terms of contract
Q: I do the fit-out/joinery works at a house under construction. There are no specifications though the type of wood materials to be used is indicated in our subcontract. While executing the contract, the owner showed me another building. As the contract is silent on specifications of materials, can I use any material (as reasonable to cost) for executing the work? Do I need to ask the owner on the specifications in advance?
IK, Doha
A: Contracts should reflect the agreement between the parties and it is therefore fundamental that all parties to a contract understand the terms included in a contract and the rights and responsibilities of the parties under that contract. Contracts can be in writing, made orally, or made simply by gestures of the parties.
For clarity, maintain a proper record of the agreement in writing. Oral contracts create a greater potential for disputes on the terms with the parties having problems evidencing their position. In general, standard materials to be used even when the Agreement is silent on quality or specifications.
The materials must be sufficient to meet the intended purpose. Article 685 of the relevant law stipulates duty of care obligation on the part of the contractor.
The contractor must exercise such care in the protection thereof as an ordinary person would and have regard to the employer and return whatever is left over if work materials are provided by the employer.
Rental dispute
Q: How can I file a complaint before the rental dispute settlement committee? Has the committee power to settle all rental disputes? What is the procedure and what about the fee?
JJ, Doha
A: According to Article 17 of Cabinet Decision No 37 of 2008, the rental dispute settlement committee has judicial powers and shall decide on disputes within three months of receiving a complaint. The party that files the complaint shall pay a fee of QR100 to the committee. On submission of the complaint, the chairman of the committee will set the date for hearing disputes and the office should notify the two parties at least seven days before the hearing day. All the documents which are not in Arabic should have a certified translation. The committee may cancel the complaint in case the plaintiff or his representative failed to attend the sessions. The parties may choose an agent to represent them before the panel.
Power of attorney
Q: I now work in Qatar after moving from the UAE. I want to sell my car in the UAE through my friend. I have a friend in UAE. How I can authorise him to sell the car. What is the procedure?
SS, Doha
A: You need to prepare power of attorney appointing friend to sell the car in the UAE. Authenticate the power of attorney at the Ministry of Justice in Doha and also get endorsed by the Ministry of Foreign Affairs in Doha. Finally, endorse it from the UAE embassy in Qatar.
*Please send your questions by e-mail to: leges@qatar.net.qa (Mobile: 55813105)
LEGAL SYSTEM IN QATAR
Article 190 stipulates that the carrier shall not deny his liability for the damage or destruction of the consignment or delay in delivery unless he can establish that it is due to force majeure or latent defect of the consignment or the fault of the consignor or consignee. If the cause of destruction or damage is unknown, the carrier shall be held responsible for such damage or destruction of the consignment. As per Article 193, if the consignment is carried under the custody of the consignor or the consignee, the carrier shall not be held liable for its destruction or damage unless the fault on the part of carrier or his employees is proved.
Unless otherwise agreed the carrier shall undertake to unload the consignment on arrival. If delivery is not made at the place of the consignee, the carrier shall notify on the arrival of the consignment to take delivery. The consignee must take delivery of the article at the time fixed by the carrier otherwise; the expenses for storage shall be paid. If the consignee failed to take the delivery within the time limit, the carrier shall deliver the goods at the expense of the consignee.
A contract for the carriage of persons is a contract under which the carrier undertakes to transport the passenger on an agreed means of transportation to a specific place safely and on time against payment of fare. The carrier shall carry the passenger and his baggage to the destination at the agreed date or as specified in the carriage regulations or determined by the usage. The carrier shall guarantee the safety of the passenger during the execution of carriage contract and shall be liable for any injury or damage arising from delay in arrival.
The heirs of the passenger shall have the right to claim the damages from the carrier, whether death occurred directly after the accident or after a period of time. The carrier may only deny his liability by establishing force majeure or the passengers fault. The carrier shall be liable for the acts of persons employed to perform obligations under the carriage contract.
Any condition exempting the carrier totally or partially from the liability for bodily injury sustained by the passenger is null and void.
The carriage of registered baggage shall be subject to the provisions governing the carriage of consignment. Under Article 204, the carrier shall not be held liable for the loss or damage of any baggage kept by the passenger, unless the passenger proves the fault of the carrier or his employees.
If any passenger dies or becomes ill during the execution of contract, the carrier shall take all necessary arrangements to safeguard the baggage until it is delivered to persons concerned.
Interesting Links
- Qatar Labour Law FAQs & Important Contact Numbers
- Qatar Labour Law (Full text) as on 6 Jan 2015
- Qatar Sponsorship law ( kafala ) changes in final stage