Compensating for damage caused by employee.
By Dr Nizar Kochery Doha
Question: As per law, is the company liable for every act of the employees? Last month, we received a legal notice from lawyer stating that the company has to compensate for the damage caused by the employee. On enquiry, we found that it is something which is beyond the scope of employment and is related to personal issues of the employee. We have responded to the letter refusing to entertain such matters as it is not related to his employment. Now he has filed a civil case in the court claiming compensation from the company? Being the employer, are we liable for the same? Please advise. UX, Doha Answer: Employer is not liable for the damage caused as a result of an unlawful act by the employee where that act was committed not during the course of the employment. 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 that are 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 detriment caused as a result of an unlawful act by the employee where that act was committed during the course of the employment. Punishment for protecting accused Q: In a cheque case, I am holding a judgment with imprisonment and attachment orders for recovery against the accused. The accused has good relationship with a higher official in the court. I feel that he may use his contact to delay or stop the execution. Is this possible? SM, Doha A: According to Article 164 of the penal laws, any public officer, who infringes the provisions of the law with the intention to protect a person from serving or executing due sentence by reducing the imposed penalty or delaying its execution or to protect any asset from confiscation, seizure, or any restriction set by the law on the said asset, or to delay its confiscation or seizure, or to impose or execute any restriction on it; shall be punished with an imprisonment for a term not exceeding three years and a fine not exceeding QR10,000 or both. Rules for transfer of vehicles Q: Two years ago, I signed a guarantee for one of my Egyptian friends to buy a car. Due to various reasons, my friend did not return to Qatar. Being a guarantor, I am afraid the car company may deposit my guarantee cheque in case of non-payment of monthly instalments. I don't have that much cash in my bank account and I cannot pay this amount. I discussed with my friend about this and he agreed to transfer the car to my name so that I can settle the dues. When I approached the traffic department, according to police, the owner should come for transferring the car. My friend has no valid visa and he cannot come. How can I transfer the car without his presence? Please advise. GS, Doha A: In order to transfer the car, ask your friend to prepare a special power of attorney authorising someone in Qatar to sell the car. The power of attorney should specifically state the purpose and it should include all relevant details to identify the car. The power of attorney prepared outside Qatar for use in Qatar requires to be notarised, attested, and consularised at the level of the Qatari embassy in the country of origin, before it is re-attested by the Ministry of Foreign Affairs in Qatar. The attorney can transfer the car into your name with this special power of attorney. Termination of probationer Q: We have appointed a new receptionist in our office and the contract has been signed as per employment law. Now he is on probation and we found him not suitable for the position. So, in order to avoid further complications, we want to terminate him as per the provisions of law? Please advise. HS, Doha A: If the employee is on probation, the employer can terminate the employee if it has been proved to him that the employee is not capable of carrying out the work, provided that the employer shall notify the worker thereof before at least three days from the date of termination.
* Please send your questions by e-mail to: [email protected]
[c] Gulf Times Newspaper 2017 Provided by SyndiGate Media Inc. ( Syndigate.info ).