Staying the lawsuit

(MENAFN- Gulf Times) QUESTION: I have all my documents in my favour in a civil case filed by me. The lawyer of the other party now suggests me to agree on an agreement to stay the proceedings for six months to reach on a settlement. I am conducting the case by myself. Is there any provision in law to stay proceedings? Does it affect my case anyways? I am ready to give a chance for settlement.
YU Doha

ANSWER: As per Article 83 of the commercial and civil procedure code the lawsuit may be stayed as per the parties’ agreement for a maximum period of six months from the date the court acknowledges such agreement. Such stay shall have no effect on any definite time limit set by the law for certain procedure.
If the lawsuit is not resumed during the next 20 days subsequent to the expiry of the six-month period the plaintiff shall be deemed to have abandoned his lawsuit and the appellant deemed to have abandoned his appeal.

Computation of gratuity
Q: My company has terminated me after seven years of service with it. After finding the company’s gratuity and leave salary calculation wrong I have approached the HR department. The HR people argue that I have not completed seven years of service it’s just six years and nine months and because of that I’m not entitled to any benefit for the incomplete year. Is this legal? My leave salary is unpaid and the company says that it will be given along with the gratuity. What is the provision as per law?
BL Doha

A: According to Article 54 of Qatar’s Labour Laws the employer shall pay end-of-service gratuity to those employees with one or more years of continuous service and unless otherwise agreed a higher rate between the employer and employee gratuity shall be calculated at the rate three weeks’ basic salary per year of service. The employees shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment.
The employee who has completed one continuous year in the service of the employer shall be entitled to an annual leave and shall be also entitled to a leave for the fractions of the year in proportion to the period of his service.
Article 68 of the Qatar Labour Laws stipulates that the employer shall pay to the worker before the worker takes his annual leave the wages to which the worker is entitled for the work he has performed up to the date of taking the leave in addition to the leave wages to which the worker is entitled.

End-of-service payment calculation
Q: I have been working with a private company for almost eight years now but my original contract has been for five years. I haven’t been given a new contract. My contract gives my basic salary as QR3650 but my current salary is QR8400. When I get my gratuity how will it be computed based on my old salary in the old contract or on the new salary without a new contract?
JA Doha

A: By continuing in the employment even after expiry of the initial five years your employment contract will be considered as automatically renewed for an indefinite period with the same terms and conditions. Gratuity will be calculated at the last drawn basic salary. According to Article 54 of the Labour Laws the basic salary at the time of termination of employment contract will be the basis for calculation of gratuity.

Liability for crime
Q: One of my friend’s room-mates was arrested for theft last month and after two days my friend was also detained with the police alleging that he had used the theft property. He was unaware of the theft but the police have filed a case against him. Hearing on the case is next week. What will be the maximum punishment for such an offence?
VF Doha

Q: Article 367 of the Qatar Penal Law stipulates that any person who knowingly conceals objects gained from a crime without having participated in committing it shall be liable for the crime from which he knows that the objects were acquired. If the offender is not aware that the objects have been gained from a crime but have been gained through a circumstance that leads one to believe the illegality of the source thereof the penalty shall be imprisonment for a term not exceeding six months and a fine not exceeding QR3000 or either penalty.

Engineering consultancy
Q: We are in the process of registering an engineering consultancy company. Our service agent suggests that the Qatari partner should not be employed in any place. Is there any law that stipulates so?
SD Doha

A: Article 18 of the Professional Engineers Law stipulates that owners of engineering consultancy offices their partners and the engineers employed there are banned from working at any of the ministries government departments public corporations or institutions. Qatari university professors with doctoral degrees and teaching engineering at a university are exempted from the ban.

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LEGAL SYSTEM IN QATAR

According to Article 690 seals shall be affixed on the premises of the bankrupt offices stores books papers and movable property. Upon adjudication of bankruptcy the adjudicator shall delegate a court employee or member of the public prosecution department to affix the seals. An official report of the affixing of seals shall be prepared and delivered to the adjudicator immediately.
Seals shall not be placed on the clothes movable property and essential items of the bankrupt and his dependents. Such items shall be delivered to bankrupt in a list signed by him and the bankruptcy judge.
The adjudicator may ex proprio motu or at the request of the receiver order to abstain from sealing or authorise their removal from the commercial books negotiable instruments and other instruments that shall be due for settlement within a short period or require measures to safeguard the rights established therein; amount of money for disbursement on urgent necessities of the bankruptcy; perishable items or items whose value diminishes rapidly or items which incur high cost for maintenance; and things which are necessary for the operation of the place of business if it is decided to continue with its operations.
As per Article 692 pursuant to an application from the receiver the adjudicator shall order the remove the seals in order to make an inventory of the bankrupt’s assets. The removal of the seals and inventory shall begin within ?ve days from the date of adjudication of bankruptcy. The inventory shall be prepared in the presence of the adjudicator or his representative together with the receiver and the Court clerk. The bankrupt and the supervisor appointed by the creditors shall be noti?ed of the date on which of inventory will be prepared and they may attend.
The inventory list shall be drawn up in two copies which shall be signed by the adjudicator or his representative the receiver and the clerk of the court. A copy shall be filed with the court registry and the other shall be kept with the receiver. The assets that have not been sealed or if seals have been removed must be recorded in the inventory list. The assistance of an expert may be required for the making the inventory and for evaluation of the assets.
According to Article 694 the public prosecution department shall have the right to attend the preparation of inventory. It may at any time request to inspect all documents and books related to the bankruptcy and request for clari?cation of its status the progress of its procedures and the method of its administration.
If the bankruptcy is declared following the death of the trader or if the trader dies before completion of the inventory the list shall be made immediately or shall be completed in the presence of the heirs or after they have been noti?ed to attend. The heirs may delegate a representative to attend on their behalf therein and in default the judge shall select a person to represent them.