De­ter­min­ing gen­uine­ness of a doc­u­ment

Gulf Times - - COMMENT - By Dr Nizar Kochery Doha the com­pe­tent physi­cian that the worker is un­able to re­sume his work. Please send your ques­tions to [email protected]

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.

LA, Doha

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.

SM, Doha

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.

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