Legal Consultancy Thursday, 02 February 2012 00:54

Question:

A person was the victim of theft after someone managed to withdraw an amount through his ATM card. The card holder informed the bank and asked to suspend the card, but the slow procedure of the bank in the suspension of the card allowed the fraudster to continue the use of the card. In such a case, what can be done to stop the misuse of the card and how can the stolen money be recovered?

Answer:

The questioner must file a case with the police in order to take the appropriate action as there is a specialized department which looks into this type of crime, tracks the offender and defines his identity. Furthermore, the police have to notify the bank to stop the card and issue a new card. There is no doubt that the bank is responsible for the transactions that took place under the ATM card if the card holder had notified the bank requesting to stop the card, but he has to prove that the card was used after he notified the bank. In this case the bank is responsible for the amounts that have been withdrawn and it is worth mentioning that the investigation of the police specialized in economic crimes shall reveal the circumstances of the incident, including how the thief got the card and pin number, which is a secret known only to the bank and card holder. Therefore, we advise the card holder to inform the police to prove the case, stop the card and wait for the results to determine responsibility.

Question:

An employee has been working in a company under a contract for 15 years and the same contract is renewed every year. He wants to resign and return to his homeland. When he asked the company to settle his dues and give the end of service benefits, the company calculated the the end of service amount of 21 days for each year in accordance with the minimum limit stipulated in the Labour Law No. 14/2004, while the end of service gratuity in accordance with the employment contract concluded between the parties was for 30 days for each year of service. He now wants to know how the amount of the end of service is calculated.

Answer:

Article III of the Labour Law No. 14/2004 points out the cancellation of the old labour laws and the abolition of the rule that violates the provisions of the Labour Law No. 14/2004. Article IV added that the rights set forth in this Law represent the minimum limit for rights of workers and any condition contrary to the provisions of this law, even before its effective date, shall be null and void unless there is more benefit for the worker.

With the application of the same, the standard of the biggest profit for the employee is the first to be applied, whether it is in the old contract or new one according to Labour Law No. 14/2004.

Therefore, the end of service benefit for the questioner shall be calculated on the basis of 30 days for each year of continuous service and the last basic wage of the worker shall be the basis for the calculation of the end of service gratuity.

Question:

The police arrested a person as he was driving under the influence of alcohol. He was referred to the public prosecution and released. He was notified of the date of trial and he attended the hearing. The court issued a verdict against him imposing a fine of three thousand Qatari riyals. Therefore, he asks if the issue ended with the judgment or there are other provisions noting that no accident took place while he was driving and the incident should be considered as the first and the same will not be repeated.

Answer:

The Qatari Penal Code No. (11/2004) with regard to the crimes of alcohol points out that anyone who consumed alcohol and intoxicating drinks in a public place or established or prepared a shop or house for consuming the alcohol and intoxicants shall be punished by imprisonment for a period not exceeding six months and a fine of not more than three thousand Qatari riyals or either and anyone who found in a state of intoxication on the public road and anyone who caused the trouble shall be punished with the same sentence.

Therefore, the judgment shall be considered as final in the case, unless the accused appeals the judgment or opposes that. If he accepted the verdict and paid the fine, then the case shall end with the issuance of the said judgment and its implementation. The culprit must be cautious and fulfill his promise not to repeat this crime because in case of committing this crime again the punishment will be harsh and he might face imprisonment for a term not exceeding six months, according to the provision of the said penal code.