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Doha Events 2011
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Legal consultation: by Abdelaal A khalil Thursday, 13 January 2011 02:03
Question: An expatriate deceived another person on the pretext of running a project, which generated profit. The depositor handed over QR 50,000 to the investor for investment and in return the depositor got a security cheque for the said amount. The investor also promised him QR12,000 as quarterly interest. After four months when the depositor realized the investor went missing, he approached the bank to encash the security cheque. To his surprise the bank informed him the account is closed and it did not belong to the investor. The investor’s name and photograph was published in newspaper alerting people not to deal with him. The depositor wants to know is there any legal action to be taken against the fraudster?
Answer:
Question: A person has been working in a company under a contract for two years and the duration of the contract is coming to an end. He asks about the end of service benefits and how to get it? Is the approval from the current company necessary if he wants to work with another company? And what to do if the company refused to allow him to work for another company?
Answer:
With regard to the desire of workers to work with another company, the approval of the current company is necessary in accordance with the sponsorship Act No. 4 / 2009, to link the work with the sponsorship whereas the law bans any natural person or legal entity to allow expatriates who have been recruited for work to work with others or use the workers who are not on his sponsorship. The sponsor can lend the expatriate workers to another employer for a period not exceeding six months, renewable for another similar period or work part-time with the other party in spare time other than the original working hours with the approval of the competent authority with the implementation of the sponsorship Act and the approval of the Ministry of Labour.
At the end of service of the employee, the employer must bear the expenses to return him to the place from where he was recruited. If the worker joins another job before leaving the country, the obligation for return to his homeland will be transferred to his recent employer and the sponsorship of such employee will be transferred to the another employer with a written agreement between the new and old employer. With the transfer of sponsorship the new sponsor will take the place of the old sponsor in all his obligations. The contract can be renewed again by agreement between employer and employee or with the return of the employee to his homeland If the employer refused to lend the worker or transfer his sponsorship at the end of contract period.
Question:
Answer:
The Qatari employee, who served in the government for at least one year deserves gratuity at the end of the service as a salary per month for all five years of service and finally two months’ salary for each year. The last salary of the employee will be on the basis for the calculation of this reward. The employee will be entitled to this reward if he is not entitled to a pension in accordance with the provisions of the law of retirement and pensions.
The gratuity of a non-Qatari employee will be calculated on the basis of one month’s salary for each year of service up to a maximum of 10 months for the duration of his service in the state and the employee is entitled to reward at the end of the service for any part of the year in accordance with the rates mentioned above.
Therefore, the employee must not be deprived of the benefits at the end of the service. This condition is void and the employee can claim for the dues at the end of service from the institution in which he works. If the institution refused to pay the dues then he can move to the competent authority to look into the requests and complaints from staff. If his application is not accepted then he can file a case before the competent administrative tribunal. the peninsula
The human resources Law No. 8 / 2009 on the end of the service gratuity states that:An employee who works in one of the State-run companies on temporary basis for a period of two years wants to know about the legality of a condition which says he his not entitled for gratuity at the end of the contract period. He wants to know if this is legal or not. The Labour Law No 14/2004 points out that the employer must pay the end of service gratuity to the worker who spent at work a year or more. The remuneration will be determined with an agreement between the parties provided that it is not less than three weeks’ pay for each year of service. The Penal Code No. 11/2002 on fraud states that there will be imprisonment for a period not exceeding three years for the person who cheated others in a moveable property by using fraudulent or false name or wrong description. Therefore in such case the victim is advised to approach the police station to file a case against the fraudster and lead the police to the place from where he used to conduct his activity and explain the fraudulent ways used by the fraudster to convince the victim to hand over the amount of his own using deceptive and false manifestations provided that these manifestations are capable of deceiving any unusual person and the victim can also file a case in the police station about the cheque without the balance against the accused if the cheque is refused by the bank. He can also include the source name of the cheque and ID number in accordance with the instructions of Qatar Central Bank Governor.