Legal consultations: The representative of my company has renewed my residence permit, but used a different signature to do so. Where can I go to protect my right? Thursday, 05 August 2010 01:50

Question

The representative of my company has renewed my residence permit, but used a different signature to do so. Where can I go to protect my right?

Answer

The owner of the residence card has to sign the renewal form in the place specified for this. If the signature on the form is not his/her for sure, the person who asks this question can report this to the police. Policemen will verify the authenticity of the signature. Policemen will initiate criminal proceedings against the company if the signature on the residence card proves to be forged.

Question

I work for a government agency. My boss told me that I was being suspended from work. But there was no formal letter to confirm this. Does my boss have the authority to suspend me from work? How can I know about the date of any probe into my case if there was any? What kind of investigation procedures are there in my case?

Answer

The Human Resources Law No. 8/2009, which regulates disciplinary accountability, says the following:

• Employees who violate the duties stipulated in the Human Resources Law No. 8/2009 are subject to disciplinary action. The Chief Executive can suspend an employee referred to investigation as required. Employees, however, will continue to receive their total salaries. The suspension does not exceed 30 days until the Chief Executive of the agency issues a decision in the case.

• Disciplinary action can be taken only after a registered interrogation. Employees have to be given the chance to defend themselves. They can be warned and the value of three days’ pay can be deducted from their salaries. Key points in the investigation have to be recorded in the final paper on the decision taken in the case of the employee.

• Employees can appeal such decisions at the office of the Chief Executive within 30 days. If the management does not respond to the appeal within 60 days, this means that it has rejected it.

• The Legal Affairs Department at any agency is responsible for investigating staff violations at the request of the direct boss. Investigations have to have a serial number, date, time, and the place of the interrogation as well as the name of the people conducting the probe, and the people who note down the proceedings. The documents of the probe have to be signed by the writer (s) and the investigator. Employees have to be notified to attend the questioning. If employees refuse to receive investigation notification, the questioning can take place in their absence in the light of the procedures set forth in this law.

The investigator’s rank has to be at least equal to that of the employee investigated. This investigator has to write down his/her opinions in a paper and submit it to the Executive Chairman to take a decision as far as the investigation is concerned.

Question

I rented an apartment seven years ago. The contract used to be renewed automatically with an addition to the value of the rent every year. But this addition was never written down in the contract. A short time ago, however, the landlord told me that he would not renew my contract after it expired. He said he wanted to maintain the building. He said he would stop receiving the rent after the end of the contract. Does the landlord have the right to do this? Can I deposit the rent at the Rent Dispute Commission? Should I include the rent raise to the amount of money I will pay?

Answer

According to Lease Law No. 4/2008, landlords are committed to doing the necessary maintenance of their properties so that they can be fit for use. They have the right to perform this maintenance to protect their properties even if tenants oppose it. If maintenance hampers use of the properties totally or partially, tenants have the right to demand the annulment of the contract or a decrease in its value. They can even demand a drop in the rent during the period of the maintenance in compensation for the damage that they suffer because of the maintenance.

As indicated in Article No. 19 in Lease Law No. 4/2008, landlords, even before the end of the lease, have the right to ask the Commission to release leased properties if a decision is made to demolish the building by the authority concerned or if the leased properties fall apart in a way that jeopardises the tenants’ safety.

Based on this, landlords have the legal right to carry out necessary maintenance of their properties. They, however, cannot ask their tenants to evacuate the property unless a decision on demolition has been made.

As for the value of the rent that must be deposited at the Rent Dispute Commission in case the landlord refuses to take it, the value must be the same as the last rent regardless of the value in the written contract.

Question

I was suddenly called by police and when I got to the police station, I was told that I had to pay a fine of QR300 based on a previous ruling. How can such a decision be issued without giving me a notice? How can I protest it?

Answer

According to Criminal Procedure Law No. 23/2004, in misdemeanour cases, in which the law requires no imprisonment, the Public Prosecutor can issue a ruling without hearing the defendants. The prosecutor decides on the fines after reading the investigation documents. However, if he finds a hearing is necessary, he notifies the defendant and orders a hearing for
the case.

The Public Prosecutor can order fines of up to QR1,000 in criminal offences that do not necessitate jailing.

Defendants can appeal the fines within three days of notification.