Claiming compensation for termination of contract.
By Dr Nizar Kochery/ Doha
Question: Is it possible to claim compensation from the main contractor for termination of contract for reasons beyond our control? The main contractor engaged us for some MEP works in a project and due to mismanagement, the main contractor company suffered a huge loss and they could not complete the project on time. The client terminated the contract. We have completed 50% of our work within the agreed time. Now due to this termination, we are suffering loss and the employees did not have work. In such a case, can we ask for compensation? Please advise under which provision can we claim such damages? EI, Doha Answer: Article 707 of the Civil Code recognises an employer's entitlement to terminate a contract for convenience at any time, provided that he compensates the contractor for the expenses he has incurred, the works he has performed and completed and for the profit the contractor would have gained if he had completed the work. The law permits the court to assess or otherwise adjust the compensation due to the non-terminating party. If the compensation due is disputed by the contractual parties the court will determine the compensation due. Employee wishes to move to a new job Q: As per the new system, how can I transfer my visa without authorisation of the current employer and without exiting the country? I have better offers from other companies. How do I go about this? Please advise. JZ, Doha A: According to the entry, exit and residence law (Law No. 21 of 2015), the employee can change the job with the approval of the government, either after the expiry of his contract, or after five years of service with the employer if the contract is of indefinite term. Employee who wishes to move to a new employer may apply through the website of the Ministry of Administrative Development, Labour and Social Affairs. After verification, the ministry will issue the approval for the transfer of employment. Contractor refuses to accept the works Q: Our company has completed a construction project in Doha. As we are new in the construction field and due to the inexperience of the employees, there were some defects in the work. After total completion of the project, the contractor is refusing to accept the work done pointing out the defects in it. In what circumstances under the Qatar law can an employer or contractor refuse to accept the works? Please advise. KA, Doha A: According to Article 694 of Civil law, an employer may refuse to take delivery if the defects in the works or breach of the mutually agreed conditions exceed such an extent that they would not serve the intended purpose. If the defect or violation has not rendered the work unfit for its intended purpose, the employer shall only be empowered to reduce the consideration in proportion to the significance of the defect or breach, or where a remedy is available at reasonable cost, he may require the contractor to remedy such defect or breach within such reasonable time as determined by the employer. Seeking imprisonment of the judgment debtor Q: My friend borrowed money from me for personal purpose and he refused to pay me back. I have filed a civil case against him and I received favourable judgment. Still he is not willing to pay. I have imposed a travel ban on him but he travels by providing guarantee. Is there any way to put him in jail to get my payment? Please advise. SA, Doha A: According to Article 514 of the Civil & Commercial Procedure Code, if the judgment debtor abstains from the execution of judgment issued against him, the judgment creditor may request the imprisonment of the judgment debtor. The court may order the imprisonment of the judgment debtor if it is established that judgment debtor is able to fulfil his obligation based on the issued order. Such imprisonment period shall not exceed three months. *Please send your questions to [email protected]
[c] Gulf Times Newspaper 2019 Provided by SyndiGate Media Inc. ( Syndigate.info ).
|Printer friendly Cite/link Email Feedback|
|Publication:||Gulf Times (Doha, Qatar)|
|Date:||May 18, 2019|
|Previous Article:||The concern of deed's acceptance.|
|Next Article:||Divisions in Labour led to Brexit talks collapse: May.|