Determining genuineness of a document
Question: If the genuineness of a document submitted to the court is questioned what will be the court’s action? The document is old, torn and faded as it had been kept folded carelessly. Please advise. HY, Doha
As per Article 234 of civil and commercial procedure law, if the validity of the exhibit is subject to doubt in the opinion of the court, it may immediately call the official who issued the exhibit or the person who executed the same, to clarify the truth of the matter. The court shall assess the consequences that arise from scraping, erasing, inserting and other material defects in the exhibit such as the loss of, or detraction from, its value as evidence. The court may refer the document for forensic verification by appropriate authorities and if forgery is proved penal action will follow.
Norms regarding sick leave
Q: One month ago, while at work, I fell sick and the doctor advised me to have complete rest for a few days. But my health condition is worsening and I am not able to continue the job. Now, I have resigned my job on this ground. Do I have any right to get medical leave benefits from the company? Please advise. KD, Doha
If the worker resigns from work because of the sickness with the approval of the competent physician before the end of the six weeks to which the worker is entitled as sick leave with pay, the employer shall pay to the worker the balance of his entitlement. According to Article 82, a worker having three months’ service shall be entitled for sick leave with full wage for first two weeks and half of his wage for other four weeks and thereafter without pay until the worker resumes his work or resigns or his service is terminated for health reasons. The sickness is to be certified by an employer-approved physician. The extension of the sick leave thereafter shall be without pay until the worker resumes his work or resigns or his service is terminated for health reasons. The employer may terminate the services at the end of the 12th week on a report issued by
Discrepancy in post-dated cheque
Q: I have issued a post-dated cheque to a client for the services rendered. By mistake, I have written different amounts in words and figures. The client informed me the same. I am not in town to issue a new cheque. If the client presents the cheque to bank, can he encash it? Which figure will the bank consider? Please advise.
A: The payee can approach the bank for encashment of the cheque. According to Article 565 of the Commercial Law, if the cheque amount is written in both words and figures, and if there is a discrepancy between the two, the amount written in words shall be adopted.
Possession of alcoholic drinks
Q: One of our staff members was arrested for keeping alcoholic drinks in car. I came to know that he was not drunk, but he was charged for keeping alcoholic drinks and selling it. Actually, he was waiting for his friend. Is it illegal to keep alcoholic drinks in possession? Please advise.
A: According to Article 273 of the Penal Law of Qatar, anyone who sells or buys, delivers or receives, transports or possesses alcohol or alcoholic beverages, or deals with alcohol in any way for the purpose of trade or promotion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine not exceeding QR10,000, or with both.
Family status during sponsorship transfer
Q: I have family status visa and have signed an indefinite contract with my employer. If I need to transfer my sponsorship, do I need to send my family back to India? Please advise. SG, Doha
A: In case of indefinite or unlimited employment contracts, the employee can transfer the sponsorship after five years of service with approval of the competent authorities. For transfer of employment prior to five years service, the consent of the employer is also required. As the family is under the sponsorship of the employee, transfer of employment of the employee will not affect the visa status of the family.