AA, Doha
Answer: As per the entry, exit and residence law (Law No. 21 of 2015), an employee can change the job with the approval of the government, either after the expiry of their contract or after five years of service with the employer if the contract is of indefinite term. Now there is no requirement of a no-objection certificate from the previous employer for a former resident to take up a new job in Qatar. In case of cancellation of residency permit, the person will be able to return to Qatar to take up employment immediately after being granted a new visa. The said law abolished the two-year ban on expatriates who want to come back to the country on a new employment visa. An expatriate who has got a new contract to work in Qatar can come back even the next day.
In case of termination of the employment contract, the employee can have up to three months’ time as a grace period to find new employment by notifying the Ministry of Administrative Development, Labour and Social Affairs. When the worker has found a new job, he or she will be required to return to the Ministry and present the new employment contract. If the employee wishes to change the employment either before the expiry of their contract or before completion of five years of service, he or she shall be required to seek permission from their existing employer.
Purchasing lost item in good faith
Q: What’s the law in Qatar, if a lost item is purchased from a founder by someone in good faith? If purchased in good faith, what are the chances for the original owner to recover the same? What rights will be there for the buyer in good faith?
SA, Doha
A: As per Article 93 of Commercial law, if a trader sells movable property that belongs to a third party within the norm of commerce and delivers it to the buyer, the buyer will take its ownership if acted in good faith. If the goods sold has been lost or stolen, the real owner may recover it within ?ve years and the buyer may demand the return of payment.
Non-payment of rent
Q: I have rented a villa from the landlord with sub-lease right and I sub-leased the villa to another family. Now the tenant is not paying the rent properly. They keep coming up with excuses. I have issued cheques to landlord and there is no due with landlord. I approached the tenant asking for vacating the premises and he is not willing. What action can be initiated in such situation? Please advise.
DM, Doha
A: The lessor can get the property vacated for non-payment of rent. As per rent laws, the tenant is legally obliged to pay rent in seven days from the due date. In the event of non-payment within the period, the lessor can file a rental case before the Rental dispute settlement committee on rental disputes to claim for the rent and termination of the contract.
Additional party to a case in court
Q: In connection with a project, our company has executed some part of work as a subcontractor. Now the main contractor, even after the completion of work, refused to settle the due amounts to the sub-contractors. They denied the demands without any valid reason. Some of the contractors have filed a case against the main contractor for recovery of money. My question is regarding the procedure to become an additional party to the case. Being interested party in the case, is it allowed in the Qatar law to be a party to the case which is already filed in the court? Please guide.
JA, Doha
A: As per Article 78 of the Civil and Commercial Code of Procedure, any interested person may join the lawsuit to any of the parties or claim judgment for a remedy connected with the lawsuit. The joinder application shall be in accordance with the normal procedure for filing lawsuits, prior to the date of the session, or by verbal application in the presence of the parties, to be noted in the records of the same. The joinder application shall not be permitted after close of pleadings. The court shall decide on every dispute relating to acceptance of joinder. Joinder shall cause deferment of judgment in the original lawsuit whenever it is fit for judgment. The court shall decide on joinder applications together with the original lawsuit, whenever it is possible, otherwise it shall reserve the joinder application for judgment after granting the same
* Please send your questions to [email protected]
LEGAL SYSTEM IN QATAR
According to Article 363 of Civil and Commercial Procedure law, the execution shall be conducted under the supervision of the judge of execution. The judge of execution is one of the judges of the plenary or summary courts in accordance with the jurisdiction rules. Procedures applied before the judge shall be the same procedures followed by that court, unless the law provides otherwise. This judge shall have the sole jurisdiction to examine all substantive and summary disputes regarding the execution. He shall also issue decisions and orders pertaining to the execution.
The execution judge may not amend what was described in the judgments as preliminary or final. He may not interpret the judgment due to be executed or explain the judgment if there is uncertainty or doubt therein. Orders of the judge of execution shall be appealable, unless the law stipulates that appeal is not permissible. Appeal shall be filed with the competent court of appeal within seven days.
As per Article 366, a special register shall be made for the Higher Civil Court or Lower Civil Court to record all execution applications. The applicant shall be given a receipt to state therein the number and date of his application. There shall be a file for each application where all documents related thereto will be filed. In such file, a summary of the application shall be recorded including the type of the deed of execution, the date thereof, the issuing authority, the names of the execution parties and their domicile. If there are numerous applications from different creditors submitted against one debtor, one file shall be established for all of them. The file shall be brought before the judge of execution after each application procedure and shall record in that file any issued decisions, orders and judgments.
Execution shall be preceded by the announcement of the deed of execution to be delivered to the debtor in person or to his domicile, otherwise it shall be null and void. This announcement shall include a statement of the required debt and an assignment to the debtor to settle it. Announcement shall also include a chosen address of the applicant of execution in the State of Qatar, if he does not have a domicile therein. It shall also include the date specified for the session to consider the execution before the judge of execution.
According to Article 370, upon announcement of the deed of execution or during the course of execution, the executor shall take possession of the debt when offered and hand a receipt to this effect. If the creditor or his representative is not present, the executor shall deposit the amounts he received in the treasury of the court on the same day or the following day at most at the expense of the execution applicant.
If a person replaces the creditor in his entitlement legally or upon an agreement, the person shall then replace the creditor in taking execution procedures. If the debtor is dead or incapacitated or if the one who assumes proceedings on behalf has lost such capacity before commencement of the execution or before completion thereof, the execution applicant may request the judge of execution to effect execution on his heirs or administrator of succession. Execution may not be conducted until after ten days from the date of announcing the deed of execution to the heirs or administrator of succession.
