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Penalties for embezzlement.

By Nizar Kochery /Doha QUESTION: I have entrusted a business to a colleague as I have been engaged with something else. Some equipment have been handed to him on lease/mortgage structure. By mistake, under escrow instructions, he also received some un-related fund in his account. But he misappropriated and cheated me. Please advice Qatar's law in this regard. RD, Doha ANSWER: A prison sentence of no more than three years and a maximum fine of QR10,000 shall be inflicted upon any person who embezzles, uses or squanders monies, instruments or other movable properties in a manner that is detrimental to the owners thereof should such funds or properties have been delivered thereto in trust, on lease, mortgage or free for use or subject to an agency arrangement. Under Article 363 of the Qatar Penal Code, a prison sentence for a term not exceeding 2 years or a fine not exceeding QR5,000 shall be the penalty for any person who seizes with the intent of acquiring for himself any lost monies or funds that have come in his possession by mistake or by force majeure. The punishment shall be inflicted upon any person who embezzles or attempts to embezzle personal chattels that may have been mortgaged as security for a debt owed by him or by another. Two-year re-entry ban Q: I have been in working with a company for the last one and a half years but I am not satisfied with my present job. I have submitted my resignation one month ago. My visa expires next month. If I leave Qatar with an exit permit and don't come back, will it lead to a life-long ban from entering the country? AB, Doha A: The visa will get automatically cancelled on completion of six months from the date of exit /departure from Doha. Foreign workers are allowed to come back to Qatar to take up job with another company only after a two-year gap counted from the date of departure of a worker. Article 4 of the Sponsorship Law prohibits the grant of visa for work to one who earlier resided in the country during the first two years after the date of departure. However the two-year ban may be waived, as the relevant authority can exempt in some cases from that period, with the written consent of the previous sponsor. Notice period for contract termination Q: I am a site engineer for a contracting company and have completed 11 months' service. I have to go back to my home country because of some urgent family reasons. I have given a letter to my company to cancel my visa with immediate effect but the management says that for cancellation I have to give a month's notice as per Qatar's labour law and wants me to wait for 30 days. What can I do now? Should I stay in my job up to my cancellation date or is there any chance for me go early? And what are the consequences of cancelling my contract? PP, Doha A: As per law if the contract is terminated without observing the notice period stipulated under laws, the worker shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof. The contract shall remain valid throughout the notice period and shall not be void unless the notice period expires. NOC at discretion of the employer Q: I have been working with a private MEP company from 2006 September. We have salary dues from April 2013. The company's financial situation is bad and it is unable to execute its projects properly. Is there any chance to get release from the sponsor legally with all benefits? Also, please note, I got a termination letter from the company's former general manager last November after some arguments regarding the pending salary. But I was re-appointed by the new general manager with the same privilege. The former general manager had given me NOC for sponsorship transfer but the new GM took it back after reappointing me. SA, Doha A: Grant of NOC/release is at the sole discretion of the employer. However the sponsorship law stipulates that subject to approval from appropriate authorities, sponsorship transfer will be possible if there are court cases between the sponsor and the expatriate or if sponsor's "abuse" of the expatriate has been proved or if the public interest requires so. Hence the questioner may first approach Labour Department for pending salary and if the matter is not settled, refer the matter to court. Later file a request with the Human Rights Department for sponsorship transfer attaching details of the case. The Human Rights Department will consider the request after proper scrutiny of the subject. * Please send your questions by e-mail to: LEGAL SYSTEM IN QATAR According to Article 533, personal creditors of a partner cannot, during the continuance of a company, obtain payment of their claims out of such partner's share in the capital but only out of his share in the profits. Such creditors may, upon liquidation of the company, enforce their rights on their debtor's share in the company's assets after payment of the partnership debts, and may, before the liquidation of the partnership, make a precautionary attachment on his share. Article 534 describes expiry of companies. Generally a company comes to an end upon the expiration of its term or by the achievement of the object for which it was formed. If not withstanding the expiration of the term or the achievement of the object for which the company was formed, the partners continue to carry on business of the same nature as that for which the company was formed; the company's deed shall be extended from year to year on the same conditions. A creditor of a partner may oppose this extension. His opposition will suspend the effect of the extension of the partnership so far as such creditor is concerned. According to Article 535, a company comes to an end upon the total loss of its capital or upon its partial loss to such an extent as to render the continuation of the company useless. If one of the partners has undertaken to contribute by way of a definite and specific thing which perishes before it is brought into the company, the company shall be dissolved as regards all the partners. A company is terminated by the death, interdiction, insolvency or bankruptcy of one of the partners. It may be agreed, however, that in the event of the death of one partner, the company will continue with his heirs, even if they are minors. It may also be agreed that in case of death, interdiction, insolvency, bankruptcy or retirement of one of the partners in accordance with the provisions of the following article, the partnership will continue between the other partners. In such a case, such partner or his heirs will only be entitled to his share in the assets of the company. This share will be estimated in accordance with its value at the date of the event, which resulted in the partner ceasing to be a partner, and must be paid in cash money. Such partner will share in subsequent rights only to the extent that such rights arise from operations prior to the event, which resulted in his ceasing to be a partner. Under Article 537, a company shall come to an end by the retirement of one of the partners when its duration has not been fixed provided that such partner gives prior notice to his other co-partners of his intention to retire and that his retirement is free of fraudulent intent and not at an unsuitable time. It shall also come to an end by the unanimous agreement of the partners.

Gulf Times Newspaper 2013

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Publication:Gulf Times (Doha, Qatar)
Geographic Code:7QATA
Date:Sep 7, 2013
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