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Legal consultations Thursday, 17 June 2010 06:17
Question 1
I leased a building of mine to a tenant for one year. When the lease came to an end, the tenant continued to stay and pay the monthly rent on a regular basis. Three years later, however, the tenant abruptly left the building without giving me any notice. Is the tenant’s action legal, given the fact that it could cause me some loss because it will take me some time until I find another tenant?
Answer
Article 15 of Lease Law No. 4/2008 stipulates that leases end by the date both the landlords and the tenants agree on. If tenants notify landlords of their desire to continue to stay after leases come to an end, these leases are automatically renewed under the same terms.
All in all, tenants have to pay the rent for the complete period stated in the lease even when they want to leave before this lease comes to an end.
This said, it must be noted that Article No. 3 of the same law makes it necessary for landlords to register leases so that they can demand their rights from tenants in case these tenants do not abide by the terms of the contract.
Question 2
Having gone back to work after finishing my annual vacation, my employer asked me to take an unpaid vacation for an infinite period, because he had no work for me. I had just renewed my contract a short time after I went back to work. My employer also refuses to transfer my sponsorship. What can I do?
Answer
The Labour Law says employers have to give their employees the chance to do the jobs they are hired to do and also provide them with whatever it takes to do these jobs.
In case employees show up at the work place, but are prevented from doing their jobs for problems they do not cause, they have to be paid as normally as they used to.
This means that the employer of the worker who asks this question has to pay him/her the full salary as well as give him/her all the rights stated in the contract.
Employees have the right to refuse doing jobs that are not stated in their contracts. They can accept to do different jobs only for a limited period of time. Even with this, they have a right to their full salaries.
Question 3
My sponsorship was transferred twice in the past. Now I want to it transferred to a better employer. My current employer refuses to let me go to another sponsor, saying my contract was written out in Doha, not outside it. Does my employer have the right to prevent the transfer of my sponsorship for the third time?
Answer
Article 22 of Sponsorship Law No 4/2009 says that foreigners’ sponsorship transfer has to be approved by the Authority Concerned at the Ministry of Justice after new sponsors reach an agreement with old ones.
The place where contacts are written out has nothing to do with sponsorships. Despite this, sponsorship transfer can only happen when sponsors sanction it.
Question 4
A creditor launched legal proceedings against a debtor after the latter gave him bounced cheques. Now, the creditor wants to withdraw his complaint after the debtor has repaid the debt. What can he do?
Answer
Article No. 357 of the Penal Code 11/2004 says that creditors can petition for reconciliation with debtors when the latter repay debts. This will automatically lead to nullifying the legal proceedings. If courts rule against debtors before the reconciliation is made, these court verdicts can be revoked after the reconciliation.
The creditor who asks this question has to pay a visit to the police station where he/she filed his/her complaint and petition for nullifying the complaint. Then he/she has to give the debtor documents proving his/her petition so that he/she can present it to the court or the Prosecutor General.
Question 5
What punishment is there in the law for bank employees who reveal information about bank clients?
Answer
Penal Code 11/2004 says bank and exchange offices’ employees who reveal information about clients without permission will be put in jail for a period between one year and three years and be fined an amount of money not more than 20,000 riyals.
Question 6
The landlord asks me to deposit an amount of money with him until the end of the contract when I can get this amount of money back. Is this legal?
Answer
Lease Law No. 4/2008 says in case of leased buildings, landlords do not have a right to insurance deposits bigger than the value of a two-month rent.
If buildings are leased for residence, landlords do not have a right to any insurance deposits more than the equivalent of a two-month rent.
If buildings are leased for other purposes, the value of the insurance deposit is subject to an agreement between the landlord and the tenant.
In any case, the insurance deposit has to be paid back the tenant once the contract comes to an end. Compensation for damage in the leased property must be deducted from this insurance deposit if there is any.
Question 7
My work contract was registered at the Labour Office. My sponsor, however, does not pay me on a regular basis. He even finalised my residence procedures only one year after I came here. What can I do?
Answer
The worker who asks this question has to file a complaint against his/her employer at the Labour Office and submit two copies of his/her work contract there.
If the Labour Office does not solve his/her problem with the employer, he/she can resort to the courts.
This worker will not be charged any money for the legal proceedings he/she will start against his/her employer.
Sponsorship Law No. 4/2009 makes it necessary for sponsors and foreigners to report to the Authority Concerned within seven days from the entry of the latter.
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