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Legal Consultation: by Abdelaal A Khalil (Legal Consultant) Thursday, 06 January 2011 00:26
Question: What are the procedures if a person wants to resign from his work and transfer sponsorship to another company?
Answer:
Question: A resident living with other roommates was involved in an argument and subsequently was assaulted. The incident was reported to the concerned authority in writing and both the parties were brought to the prosecution, which decided to free them on bail. After their release, some friends managed to reconcile them and they agreed. Is the case still not settled and what is the expected punishment? How can the reconciliation take place and will the case end after all parties agreed on reconciliation?
Answer:
With regard to registration of the case, the release of the accused by the prosecution on bail indicates that the prosecution investigated the incident and decided to release the accused on bail and the papers of the case will be referred to the competent misdemeanour court and the accused will be notified about the decision of the referral. With regard to reconcile, the law of criminal procedure, No 23/2004 points out that the victim in the misdemeanour in which the reconciliation can take place has the right to ask the prosecutor or the trial court according to the circumstances to prove his reconciliation with the accused and submit an application of reconciliation from the victim or the accused or prosecutor from any of them and the criminal suit in this case will end with reconciliation.
In accordance to that the victim or the accused of assault in the case can submit to the public prosecution a request to reconcile with the accused or submit the application to the court if the case is referred for the trial and the criminal suit will end with the reconciliation.
Question: A engineer who works in contracting company resigned from his work and now wants to transfer the sponsorship to another contracting company. The current sponsor refuses to transfer his sponsorship. He wants to know if the refusal is legal? He wants to know why he cannot work in another organisation?
Answer:
Therefore, it is not permissible for the employer to prevent the worker from working for another employer, unless the nature of the work of the worker allows him to know employer’s clients or make him able to see the secrets of the company, provided that the agreement on this condition will be made in the employment contract that includes a period not exceeding a maximum of two years. If the employment contract did not include this condition then the employer can’t prevent the employee from working for another company engaged in similar activity. the peninsula
The Labour Law No. 14/2004 states that “Every condition in a contract of employment will be nullified even if the contract took place before the date of this law, if it contains an undertaking by the employee that he will work for his entire life with the employer, or he will never engage in any trade or profession can be practiced after leaving work. If the nature of work allows the worker to know the clients of the employer or get access to the secrets of the work of the enterprise, the employer may bind the worker not to do, after the end of contract, the work with his competitor or participate in any project of a rival party. This condition needs to be limited in terms of duration, location and type of work on the necessary amount to protect the legitimate interests of the employer. The duration of this commitment must not be more than two years. “The crime of assault on the human body is one of the offences punishable by the imprisonment where the Qatari Penal Code No. 11/2004 points out that “the imprisonment of a term not exceeding three years and a fine of not more than 15,000 Qatari Riyals or either punishments, for the one who assaulted deliberately on the safety of other’s body in any way and it led to his illness, or failure of performing his personal activities in accordance with the detail provided in the law. The Law No. 4 / 2009 on regulating the entry and exit of expatriates, their residence, sponsorship and transfer of sponsorship points out that the competent authority at the Interior Ministry will transfer the sponsorship of the immigrant worker to another employer with a written agreement between the new employer and previous employer with no objection letter (NOC). The current sponsor will mention in it that there is no objection to the transfer of sponsorship of the worker for work to the sponsorship of the new party in addition to filling a form of transfer of sponsorship on the website of the Ministry of Interior on the Internet and the same will be printed and signed by the worker, former sponsor and the new sponsor and the signature will be confirmed by the department of Passports. The photocopies of the registration of the establishment of the previous and new sponsor, a photocopy of the passport of the worker, ID card, certificate of good conduct including the criminal information and evidences will be attached or through the embassy of his country, and then all these documents will be handed over to the representative of the new sponsor for the submission of the application to the competent authority. With the completion of the procedures and after the approval of the transfer of sponsorship the new sponsor will replace the former sponsor in all of his obligations and the expiration of sponsorship of the former sponsor.
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