Ex-govt employee’s testimony not allowed

Question: Will there be any restriction for an ex-employee of the government to act as witness in a contractual dispute? We wanted to initiate a dispute relating to a project we have executed. Could we use the engineer of a government department as witness for us? He has already left the employment but available to act as witness. Please advise. SO, Doha

Answer: According to Article 264 of the Civil and Commercial Procedural Laws, the testimony of employees and officials entrusted with public service shall not be accepted, even after leaving the work, if the deposition includes information what they became aware of in the course of their employment, and which the competent authority did not grant them permission to disclose. Notwithstanding this, the authority may allow them to give evidence in virtue of a motion from the court or any of the parties to the dispute.

Suit can be filed to recover money

Q: My colleague issued a post-dated cheque against borrowed money. The money was borrowed one year ago and he never instructed me to present the cheque. Last month, I submitted the cheque and it got dishonoured because of insufficient funds. I spoke with him over the phone and he asked me to present it again after two weeks. It was dishonoured again for the same reason. After that, he is not answering my calls. How can I recover the money from him? What action could be initiated against him? Please advise. HS, Doha

A: In such a case the person in whose name the cheque is issued has the right to take the issuer of the cheque to court for not being able to discharge his debt or liability due to his maliciously committing any of the acts stipulated in Article 357 of the penal laws. Anyone who, in bad faith, issues a cheque without sufficient and drawable balance or withdraws all or part of the balance making the balance insufficient for settlement of the cheque, or orders the drawee not to cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed; shall be punished with imprisonment for a term not less than three months and not exceeding three years or with a monetary penalty not less than QR3,000 and not exceeding QR10,000 or with both. In addition to such a criminal action, a civil suit can also be filed against the issuer for recovery of the money.

Legality of tenant’s extended stay

Q: The lease agreement was made for 18 months and after the said period, the tenant continued to remain in the same premises. Post-dated cheques were issued against the rent for the said period. If the tenant continues to remain in the same premises after the agreed period, what is the legality of such an extended stay? If the tenant remains in the leased property without any agreement, does the landlord have a right to claim the rent legally? Please advise. SK, Doha

Employer liable for the damage

A: As per the rental laws, if the tenant continues to utilise the premises after the end of the term, while the landlord is aware of such utilisation and expresses no objection, the contract shall be deemed to be renewed for a similar term under the same terms and conditions. In such case, the tenant is legally bound to the terms of the old contract in absence of new written agreements on such extended use. Q: If an employee was arrested for some issues connected with employment, can the employer be held liable for such issues? What is the provision on vicarious liability under Qatari law? If an employee acts arbitrarily, is the employer liable for such acts in any circumstances? Please advise.

AO, Do ha

A: According to Article 209 of the civil laws, an employer is liable towards an injured person for the damage caused by an unlawful act of his employee when the act was performed by the servant in the course, or as a result, of his employment. The employment relationship shall be established where the activities of the employee are in furtherance of duties owed to the employer and where the employer exercises actual powers of supervision and control, directly or indirectly, over the activities of the employee. The employer is liable for the damage caused as a result of an unlawful act by the employee where that act was committed during the course of the employment. Thus, the employer is not liable for the damages caused as a result of an unlawful act by the employee where that act was committed not during the course of the employment. Please send your questions to leges@qatar.net.qa