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Legal Consultation Thursday, 08 July 2010 01:16
Question 1
Who are commercial agents? What penalty should be imposed on them when they do not offer spare parts or maintenance centres for the products they distribute?
Answer
Law No. 8/2002, which regulates the work of commercial agents, says that agents are people and entities licensed to distribute or circulate goods and products or perform services on behalf of clients for a
particular fee.
For their contracts to be viable, commercial agents have to be committed to provide spare parts and maintenance of the goods and products they distribute or circulate.
The law makes it necessary for commercial agents and their representatives to provide spare parts for consumers and prepare maintenance centres for their goods at reasonable prices.
Commercial agents who violate this requirement will be jailed for up to six months. They will also be fined up to QR10,000 or receive any of these two penalties.
Repeat offenders will receive double penalties, be it jail or fines. The premises of the agents will also be closed down.
Question 2
I work as a driver in a big company. Some time ago, an inflammation occurred in my spine. When this caused led to a partial, but permanent disability, my company administration decided to terminate my contract before giving me my end-of-service rewards. The administration, however, did not give me any compensation for my disability which was brought me by my work. Do I deserve compensation?
Answer
Labour Law No. 14/2004 defines work injuries as ones which happen during workers’ company hours. Explained in Table 1, which is attached to the law, the law also says these injuries are ones that might happen to workers on their way to or
from work.
By reading Table 1, which explains occupational diseases, we find that spinal injuries are not considered occupational diseases. They are only included in Schedule 2, which determines the level of permanent disability in cases of work accidents and occupational diseases.
For workers to get compensation, their permanent disability has to be not less than 12 percent. Article No. 108 says that if a worker dies while doing his/her work, or receives a work injury, the employer or his representative(s) has to report the accident immediately to police. It also says that the administration has to be taken into consideration when doing this.
The report made by the company about the accident has to include the worker’s name, his/her job, age, address, nationality, and brief information about the accident, such as its circumstances, and the action taken to treat the worker.
Policemen have to conduct the necessary investigation upon receiving the report. They also have to record the testimonies of eyewitnesses, and the employer as well as those of the injured person in case his/her conditions allows for that.
Policemen send a copy of their report to both the Police Department and the employer. Officials at the Police Department have the right to request further investigation into the accident if they deem this necessary.
Question 3
What are the legal measures to be taken to prevent a debtor from travelling? How can this debtor have this ban lifted if debt charges against him/her turn to be fabricated or that he has to travel for a
logical reason?
Answer
Article No. 405 of the Civil and Commercial Procedures Law and its amendments say creditors can ask judges to ban debtors from travelling outside the city for reasons, such as their fear that debtors may escape or smuggle the money they borrowed out of town.
But debtors can appeal the ban and request lifting it if they repay their debts at the court treasury or provide sufficient guarantees. They can also request lifting this ban if there are compelling reasons for travel.
Question 4
What are the consumers’ rights stipulated in the Consumer Protection Law with regard to the skyrocketing prices of goods and services?
Answer
Basic consumer rights are guaranteed under the provisions of Consumer Protection Law No. 8/2008, which prohibits individuals from acting in a way that violates the following rights:
1. The right to health and safety during normal use of goods and services.
2. The right to information and correct data about purchased goods and services.
3. The right to the free choice of goods and services that meet specified quality requirements.
4. The right to respect for religious values, customs, and traditions.
5. The right to knowledge that helps consumers protect their rights and interests.
6. The right to membership in associations and institutions that defend consumers’ rights.
7. The right to recourse to justice in case any of these consumer rights are violated.
Consumers also have the right to demand compensation for substandard commodities. Agreements that violate the aforementioned rights are illegal.
Question 5
I used to work for a company, but wanted to move to another one. Having taken approval from my employer, I submitted my sponsorship transfer documents at the Interior Ministry. But the ministry decided to expel me from Qatar. I was already out of Qatar a year and a half ago. Can I get a work visa in Qatar? If yes, how?
Answer
Law No. 4/2009 regulates the entry, exit, residence, and sponsorship of foreigners. Article No 40 of the law says that foreigners who get judicial deportation or an order of expulsion cannot return to Qatar without a decision by the Minister. Accordingly, the person who has asked this question can only return to Qatar if he/she gets permission from the Interior Minister to do so.
Who are commercial agents? What penalty should be imposed on them when they do not offer spare parts or maintenance centres for the products they distribute?
Answer
Law No. 8/2002, which regulates the work of commercial agents, says that agents are people and entities licensed to distribute or circulate goods and products or perform services on behalf of clients for a
particular fee.
For their contracts to be viable, commercial agents have to be committed to provide spare parts and maintenance of the goods and products they distribute or circulate.
The law makes it necessary for commercial agents and their representatives to provide spare parts for consumers and prepare maintenance centres for their goods at reasonable prices.
Commercial agents who violate this requirement will be jailed for up to six months. They will also be fined up to QR10,000 or receive any of these two penalties.
Repeat offenders will receive double penalties, be it jail or fines. The premises of the agents will also be closed down.
Question 2
I work as a driver in a big company. Some time ago, an inflammation occurred in my spine. When this caused led to a partial, but permanent disability, my company administration decided to terminate my contract before giving me my end-of-service rewards. The administration, however, did not give me any compensation for my disability which was brought me by my work. Do I deserve compensation?
Answer
Labour Law No. 14/2004 defines work injuries as ones which happen during workers’ company hours. Explained in Table 1, which is attached to the law, the law also says these injuries are ones that might happen to workers on their way to or
from work.
By reading Table 1, which explains occupational diseases, we find that spinal injuries are not considered occupational diseases. They are only included in Schedule 2, which determines the level of permanent disability in cases of work accidents and occupational diseases.
For workers to get compensation, their permanent disability has to be not less than 12 percent. Article No. 108 says that if a worker dies while doing his/her work, or receives a work injury, the employer or his representative(s) has to report the accident immediately to police. It also says that the administration has to be taken into consideration when doing this.
The report made by the company about the accident has to include the worker’s name, his/her job, age, address, nationality, and brief information about the accident, such as its circumstances, and the action taken to treat the worker.
Policemen have to conduct the necessary investigation upon receiving the report. They also have to record the testimonies of eyewitnesses, and the employer as well as those of the injured person in case his/her conditions allows for that.
Policemen send a copy of their report to both the Police Department and the employer. Officials at the Police Department have the right to request further investigation into the accident if they deem this necessary.
Question 3
What are the legal measures to be taken to prevent a debtor from travelling? How can this debtor have this ban lifted if debt charges against him/her turn to be fabricated or that he has to travel for a
logical reason?
Answer
Article No. 405 of the Civil and Commercial Procedures Law and its amendments say creditors can ask judges to ban debtors from travelling outside the city for reasons, such as their fear that debtors may escape or smuggle the money they borrowed out of town.
But debtors can appeal the ban and request lifting it if they repay their debts at the court treasury or provide sufficient guarantees. They can also request lifting this ban if there are compelling reasons for travel.
Question 4
What are the consumers’ rights stipulated in the Consumer Protection Law with regard to the skyrocketing prices of goods and services?
Answer
Basic consumer rights are guaranteed under the provisions of Consumer Protection Law No. 8/2008, which prohibits individuals from acting in a way that violates the following rights:
1. The right to health and safety during normal use of goods and services.
2. The right to information and correct data about purchased goods and services.
3. The right to the free choice of goods and services that meet specified quality requirements.
4. The right to respect for religious values, customs, and traditions.
5. The right to knowledge that helps consumers protect their rights and interests.
6. The right to membership in associations and institutions that defend consumers’ rights.
7. The right to recourse to justice in case any of these consumer rights are violated.
Consumers also have the right to demand compensation for substandard commodities. Agreements that violate the aforementioned rights are illegal.
Question 5
I used to work for a company, but wanted to move to another one. Having taken approval from my employer, I submitted my sponsorship transfer documents at the Interior Ministry. But the ministry decided to expel me from Qatar. I was already out of Qatar a year and a half ago. Can I get a work visa in Qatar? If yes, how?
Answer
Law No. 4/2009 regulates the entry, exit, residence, and sponsorship of foreigners. Article No 40 of the law says that foreigners who get judicial deportation or an order of expulsion cannot return to Qatar without a decision by the Minister. Accordingly, the person who has asked this question can only return to Qatar if he/she gets permission from the Interior Minister to do so.