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Doha Events 2011

Doha Events 2011

Legal Consultation Thursday, 16 December 2010 01:23

Question: What if a person, appointed as a supervisor is later assigned a different job with a salary deduction of 28 percent. Now, the person decides to quit the organisation and return to his hometown. He seeks help as to how can he approach the organisation to get his deducted salary back. What is the necessary action to make this demand?

 

Answer:

Therefore, the employer’s assignment is a task to the worker that was not agreed upon in the agreement without justification or a legitimate reason is a breach of obligations under an employment contract and violation of the provisions of the Labour Code as the article 65 states that the labourer is worthy of the wages specified in the employment contract and the labour law also points out that the employee may terminate the employment contract before its expiration date if it was valid for a specified duration, without notifying the employer if it is not a fixed term preserving his complete right of the end of service benefits. If the employer breached its obligations under the employment contract or under the provisions of this law, therefore, the questioner must move to the labour office and file a complaint against the employer to claim the salary difference, which was deducted, other dues ticket and compensation for the damage suffered as a result of breach of the obligations of the employment contract by the employer.

 

Question: A person leased his apartment to a tenant for a year. The lease was renewable. While the first year ended, the tenant remained a resident in the apartment and paid the monthly rent without any amendment. But after three months of stay the tenant decided to vacate the apartment before the end of the contract notifying that the contract is not registered in the municipal office and the monthly fee was paid in cash. Is his action in conformity with the law or abuse. Kindly recommend what can be done?

 

Answer:

Thus, the duration of the contract will be one year and the rental relationship can’t be ended before the end of the period by agreement of the parties and if the tenant wants to leave the same he will have to pay the rent specified in the agreement to the landlord in a period not more than seven days from the date specified in the contract to maturity under a receipt confirming the value of the rent.

Therefore, the landlord shall take the necessary action to register the tenancy agreement in the office of registration of tenancy agreements with the address of the real estate in accordance with Article 3 of Law No 4 of 2008 which states that no complain about the tenancy agreement , submitted by the landlord before the commission or the judiciary, will be heard until it was registered in the office of registration of tenancy agreements and then a request will be submitted to the Committee for Settlement of rental dispute regarding the claim of rent amount for the remaining period of the contract.

 

Question: An engineer who works in a contracting company says that the company always delays in paying monthly salary and this delay has caused the delay in non-payment of salary for six months in a row. Is there any law so that he can approach and get his delayed salary back?

 

Answer:

The employer will be responsible for the worker’s wage unless he actually transfers the amount to the bank or the worker or his representative sign in the register prepared for this purpose or on the receipt of remuneration prepared for this purpose or on the receipt, as statements of these documents should include the detail of the wage.

There is no doubt that the rights prescribed in the Labour law represent the minimum rights of worker and every condition contrary to the provisions of this law will be invalid and any remission or reconciliation or a waiving of rights of the worker under this Act will be invalid.

Accordingly, it is permissible for the employee to move to the labour office to file a complaint against the company to demand his salary of the previous months knowing that the due amounts of the worker tops in the order which is followed by all other debts, including debt of the state.

The Labour Law No. 14/2004 regarding wages refers to the worker who deserves the wage specified in the contract of employment and provides that wages and other due amounts of the worker is paid to the worker recruited with an annual or monthly salary, which is paid once a month at least. The wages of all other workers will be paid once every two weeks at least and the remuneration to the worker himself will be paid on a working day and during working hours. The same may be transferred to worker’s account in the bank agreed upon by the parties or paid to the agent appointed by the worker in writing.
Article 15 of real estate rental law No 4 of 2008 points out that the tenancy agreement ends with the end of the specified period and if the tenant remained as a beneficiary with the same rent notifying to the landlord about the same and without any objection from him then the contract will be considered a renewed one for a similar period with the same conditions.
Article 45 of the Labour Law No. 14/2004 points out that it is not permissible for the employer to instruct the worker to perform a work that was not agreed upon only if it is to prevent an accident or to repair what resulted from it. In case a person is forced to work then the worker’s rights arises, otherwise an employer can ask the worker to work other than the work agreed upon, if the work is temporarily, or if that work does not differ from the original work fundamentally and the task is not intended to abuse the worker provided that the wage of the worker is not deducted. 

Question: What if a person, appointed as a supervisor is later assigned a different job with a salary deduction of 28 percent. Now, the person decides to quit the organisation and return to his hometown. He seeks help as to how can he approach the organisation to get his deducted salary back. What is the necessary action to make this demand?

 

Answer:

 

Question: A person leased his apartment to a tenant for a year. The lease was renewable. While the first year ended, the tenant remained a resident in the apartment and paid the monthly rent without any amendment. But after three months of stay the tenant decided to vacate the apartment before the end of the contract notifying that the contract is not registered in the municipal office and the monthly fee was paid in cash. Is his action in conformity with the law or abuse. Kindly recommend what can be done?

 

Answer:

 

Question: An engineer who works in a contracting company says that the company always delays in paying monthly salary and this delay has caused the delay in non-payment of salary for six months in a row. Is there any law so that he can approach and get his delayed salary back?

 

Answer:

 

The Labour Law No. 14/2004 regarding wages refers to the worker who deserves the wage specified in the contract of employment and provides that wages and other due amounts of the worker is paid to the worker recruited with an annual or monthly salary, which is paid once a month at least. The wages of all other workers will be paid once every two weeks at least and the remuneration to the worker himself will be paid on a working day and during working hours. The same may be transferred to worker’s account in the bank agreed upon by the parties or paid to the agent appointed by the worker in writing.

The employer will be responsible for the worker’s wage unless he actually transfers the amount to the bank or the worker or his representative sign in the register prepared for this purpose or on the receipt of remuneration prepared for this purpose or on the receipt, as statements of these documents should include the detail of the wage.

There is no doubt that the rights prescribed in the Labour law represent the minimum rights of worker and every condition contrary to the provisions of this law will be invalid and any remission or reconciliation or a waiving of rights of the worker under this Act will be invalid.

Accordingly, it is permissible for the employee to move to the labour office to file a complaint against the company to demand his salary of the previous months knowing that the due amounts of the worker tops in the order which is followed by all other debts, including debt of the state.

Article 15 of real estate rental law No 4 of 2008 points out that the tenancy agreement ends with the end of the specified period and if the tenant remained as a beneficiary with the same rent notifying to the landlord about the same and without any objection from him then the contract will be considered a renewed one for a similar period with the same conditions.

Thus, the duration of the contract will be one year and the rental relationship can’t be ended before the end of the period by agreement of the parties and if the tenant wants to leave the same he will have to pay the rent specified in the agreement to the landlord in a period not more than seven days from the date specified in the contract to maturity under a receipt confirming the value of the rent.

Therefore, the landlord shall take the necessary action to register the tenancy agreement in the office of registration of tenancy agreements with the address of the real estate in accordance with Article 3 of Law No 4 of 2008 which states that no complain about the tenancy agreement , submitted by the landlord before the commission or the judiciary, will be heard until it was registered in the office of registration of tenancy agreements and then a request will be submitted to the Committee for Settlement of rental dispute regarding the claim of rent amount for the remaining period of the contract.

 

Article 45 of the Labour Law No. 14/2004 points out that it is not permissible for the employer to instruct the worker to perform a work that was not agreed upon only if it is to prevent an accident or to repair what resulted from it. In case a person is forced to work then the worker’s rights arises, otherwise an employer can ask the worker to work other than the work agreed upon, if the work is temporarily, or if that work does not differ from the original work fundamentally and the task is not intended to abuse the worker provided that the wage of the worker is not deducted.

Therefore, the employer’s assignment is a task to the worker that was not agreed upon in the agreement without justification or a legitimate reason is a breach of obligations under an employment contract and violation of the provisions of the Labour Code as the article 65 states that the labourer is worthy of the wages specified in the employment contract and the labour law also points out that the employee may terminate the employment contract before its expiration date if it was valid for a specified duration, without notifying the employer if it is not a fixed term preserving his complete right of the end of service benefits. If the employer breached its obligations under the employment contract or under the provisions of this law, therefore, the questioner must move to the labour office and file a complaint against the employer to claim the salary difference, which was deducted, other dues ticket and compensation for the damage suffered as a result of breach of the obligations of the employment contract by the employer.

 

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