Legal consultation Thursday, 09 June 2011 00:50

by Abdelaal A Khalil (Legal Consultant)

Question:
An employee lost a certain amount of money of a company which was in his possession. The company suspended him from his work and filed a case of theft against him. After investigations it was found that the amount was lost from his car. The prosecution released him on bail and now he is willing to pay the amount and reconcile with the company in order to continue his work. How the reconciliation will be performed in this case ?

The Penal Code No 11/2004 in this regard points out that everyone who embezzled money or transferred to another with an intention to possess the same shall be considered as thief and shall be punished by an imprisonment for a term not exceeding two years. If aggravating circumstances are found, the penalty shall be toughened. There is no room for such circumstances in this question.
In accordance with the aforesaid, if it was proven to the court that the accused staff member is the one who committed the theft and the charge is static against him, the above-mentioned provision shall be applied, but if the accused proved to the court that the amount was lost or stolen from his car as it was found in this case, the court shall acquit him and close the case.
With regard to employee’s wish to end the case and settle the matter with the company we point out that no reconciliation takes place in the crime of theft between the accused and the victim, but if the parties agreed to resolve the issue in a friendly way viewing the working relationship between them no matter whether the accused staff member paid the lost amount of money to the company or the company withdrew the charge against the accused, the company should waive the communication submitted against the employee and request to file the case against an unknown person or put someone else’s name who is doubtful. The company should also acquit the employee of the accusation or notify the prosecutor about the recovery of the amount and request to keep the criminal notification.

Question:
An expatriate woman under the sponsorship of her husband found a suitable job in a company. She got a work permit after three months from the date of joining the work. After one year of joining the work, she wants to get the annual leave. Does she deserve an annual leave allowance from the date of joining the work or from the date of obtaining the work permit? When and how to pay the leave allowance before the leave or after returning from leave?

The sponsorship Law No 4 / 2009 exempted woman from the condition of the transfer of sponsorship and provided that the woman’s sponsorship shall be on the head of her expatriate family for residing with him. She shall remain on his sponsorship even if she joined any work. The Qatar Labour Law No 14/2004 pointed out that the non-Qatari workers can be used only after an approval by the Department of Labour and getting a licence to work in the State. The Labour Law granted working women a wage equal to men’s wage when she performs the same work and allowed her the same opportunities for training, promotion. In accordance with that we find that the working relationship between the female employee in question and the company is governed by the employment contract concluded between them. If the employee in question continued the work and spent one complete year in the service of the employer, she shall deserve a paid annual leave with a salary of not less than three weeks. The period shall be calculated from the date of commencement of work for the first time. It is not allowed to link the employee’s right of leave with the attainment of receiving the license, because the licensing procedures necessitates the concerted efforts of both parties. The employer cannot benefit from the breach of his obligation towards female worker and he must not deprive her of the leave for the period before the license as it will encourage companies to use women in the work without giving them the annual leave under the pretext of non-completion of procedures of work permit. Such action of the employer shall violate the intent of the legislature. With regard to the payment of leave allowance the same shall be paid in advance and the basic salary shall be the basis for calculating the leave allowance.
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