By Nizar Kochery /Doha
QUESTION: What is forgery under Qatar criminal laws? A colleague has amended a document by adding/deleting/correcting data and has submitted it to obtain another job. He has now received a call for interview. At any time now or in future if the employer notices this, will this be treated as forgery? What will be the punishment for this?
HU, Doha
ANSWER:According to Article 204 of the Qatar Penal Code, forging a document means altering the truth thereof so that such alteration results in causing damage but with the intention of using it as a genuine document.
The offence forgery includes any amendment by way of addition, deletion or otherwise in the writing of the instrument, figures, pictures or signs contained therein; putting any forged signature or false seal or altering any true signature, seal or thumb impression and also the misuse of a signature, seal or thumb impression; obtaining by fraud the signature, seal or signature of a person who is unaware of the true contents of the instrument; producing a counterfeit document or imitating it; completing a document signed, sealed or stamped in blank without authority from the actual signatory or holder of the seal or the person making the thumb impression; falsely assuming the identity of another person or altering such identity in an instrument intended to be executed.
Briefly forgery means misrepresenting the truth in an instrument once it has been made with regard or the subject-matter thereof.
Forging an official instrument shall be punishable by imprisonment for a period not exceeding 10 years. If a public employee commits forgery during or due to his job, he is convicted to no more than 15 years in prison. Forging a private instrument/unofficial document shall be punishable by three years imprisonment.
Bearer cheque goes missing
Q: While shifting my residence recently, I have lost a bearer cheque which I have been holding for few months. What action can I take to protect my money?
KJ, Doha
A: According to Article 588 of the Trade Laws, if a bearer cheque is lost or destroyed, the owner shall be entitled to submit an objection to payment of its value to the drawer. Such objection should include the cheque number, amount, name of its drawer and every other particular which may assist in identifying the cheque and the circumstances surrounding its loss or destruction. If it is not possible to provide some of these particulars, the reasons shall be stated.
When the drawee receives the objection he shall refrain from payment of the value of the cheque to the possessor of the cheque and should set aside the value of the cheque, pending decision on the matter. The drawee shall, if requested by the objecting party and at his expense, publish the number of the lost or destroyed cheque, its amount, name of drawer, name of the objecting party and his address in a daily Arabic newspaper.
Any disposal of the cheque subsequent to the date of such publication shall be null and avoid.
Company can’t detain worker after quitting
Q: I have been working with a firm as an accountant for the last nine years. Another company has made me a lucrative offer recently. I submitted my resignation on January 25, but since then my employer has not found my replacement. Can my employer hold me on till a replacement is found? My contract says I must give a 90-day notice, but it has been well beyond that timeframe and my employer is withholding my release that would allow me to work for the other company. My employer is also asking that I sign an extended contract to work through March 8, 2014. I have an offer from outside Qatar too. Since I submitted my resignation letter, the company has changed its ownership, too, and I do not want to continue under the new sponsor. How can I facilitate a transfer of sponsorship if my current employer is not willing to comply? What should I do?
JU, Doha
A: The company has no right to keep an employee beyond the time specified after putting in his resignation. According to Article 57, upon termination of the service of the employee, the employer shall repatriate the non-Qatari employee within a period not exceeding two weeks from the expiry date of the contract unless otherwise the employee joins another employer.
Seek the Labour Department’s assistance to leave the country. As per current regulations, an employee cannot compel the present employer to release him to another company. Your current employer is not required by law to facilitate your transfer of employment in the event of resignation for more lucrative work. The employer has to do it voluntarily.
Haj leave for employees
Q: Is a Muslim employee eligible for Haj leave once in his service? But the management of the company where I work is adamant in granting the Haj leave only for one or two employees a year. What is the provision for Haj leave under Labour Laws?
OL, Doha
A: Under Article 83, the Muslim worker shall be entitled to leave without pay, not exceeding 20 days to perform Haj once during service. The employer, at its discretion, may specify the number of the workers who may be granted such leave annually in accordance with the work requirements. Priority will be given to workers with longer period of service.
*
LEGAL SYSTEM IN QATAR
An employer may refuse to take delivery if the defective in the works or violation of the mutually agreed conditions exceed such an extent that they would not serve the intended purpose.
If the defect or violation are not of such seriousness, the employer’ shall only be empowered to reduce the consideration in proportion to the significance of the defect or shall oblige the contractor to rectify the defect within a reasonable time limit to be fixed by himself such rectification is feasible and does not involve exorbitant costs.
In all cases, the contractor may carry out such rectification within a reasonable period of time, if this is possible and does not cause substantial damages to the employer.
However, an employer shall not invoke the said rights where he is responsible for causing the defect whether this is by issuing orders contrary to the contractor’s view or in any other manner.
If the defect or violation are not of such seriousness, the employer shall only be empowered to reduce the consideration in proportion to the significance of the defect or shall oblige the contractor to rectify the defect within a reasonable time limit to be fixed by himself such rectification is feasible and does not involve exorbitant costs.
In all cases, the contractor may carry out such rectification within a reasonable period of time, if this is possible and does not cause substantial damages to the employer.
However an employer shall not invoke the said rights where he is responsible for causing the defect whether this is by issuing orders contrary to the contractor’s view or in any other manner.
In the absence of a custom or an agreement to the contrary, the price is payable upon the contractor’s delivery of the works. If the works have been delivered, the contractor’s liability shall rise above the apparent defects in such works or violation of the terms of the contract. If the defects or violations are latent and are discovered by the employer after taking delivery, he shall give notice thereof to the contractor; otherwise he shall be deemed to have accepted the works.
When the works consist of several parts or if the consideration is fixed on a unit price basis, the contractor may be paid for the amount of work actually completed after the inspection and acceptance thereof, provided that the completed part shall be a substantial part or adequately significant part of the entire works unless otherwise agreed upon.
Upon payment of the consideration it shall be presumed that the completed part has been inspected and accepted unless he proves that the payment is made on account of or if the custom otherwise provides.
