(MENAFN- Gulf Times) Question: One of our employees fell sick and the medical report reveals his inability to continue working. The employee has submitted termination request. So far he has availed only seven days' sick leave. Please advise on the sick leave entitlements.
HS, Doha
Answer: If the worker resigns from work because of 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 with three months in 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 the competent physician that the worker is unable to resume his work.
Violation ofthe provision
Q: Our company does not have any ongoing projects and is not providing the salaries on time. Now the management is suggesting us to work for another employer. Is this legal as per the law? Can I work for another employer being under the company's sponsorship? Please advise.
TY, Doha
A: As per Article 16 of the Entry, Exit and Residence Law, an expatriate who has been granted an entry or residency permit for a specific purpose, or to work at a specific place shall not violate of the purpose of authorisation or leave the work with recruiter / employer or work at any unauthorised place. Any person who violates the provision shall be sentenced to maximum imprisonment of three years or a fine of minimum QR20,000 and a maximum of QR100,000 or with both penalties.
Specificationsand materials
Q: If the contract does not specify the standard of materials and if the used materials are not of good quality, does the employer have the legal right to approach the contractor for rectification? If the contract does not provide any specification, what is the law? Please advise.
KJS, Doha
A: If the agreement is silent on specifications, the contractor must use standard materials set by current practice. As per Article 684 of the Civil Law, if the contractor provides all or any of the materials, such materials shall be with the agreed specifications or shall be adequate for meeting the intended purpose. The contractor shall held be liable for any defects in such materials in accordance with the provisions of liability for defects in sold goods.
Illegal access toconfidential data
Q: Our IT department has identified that someone used to access our system without permission and access the confidential data. We have conducted an internal inquiry, but we cannot identify that. In such case of hacking, if we file a police complaint, what will be the punishment for such illegal access?
SN, Doha
A: In case of illegal access to the system, the police will charge the case under Article 371 of the Penal law. As per the law, any person who accesses data saved in a computer or who is caught hacking into the data system or a part thereof shall be punished with imprisonment for a term not exceeding three years or a fine not exceeding QR10,000 or both. If the commission of offence under Article 371 resulted in deletion or modification or spoiling or disabling the information in the system, the wrongdoer shall be punished with imprisonment for a term not less than one year and not exceeding three years and a fine not less than QR10,000 and not more than QR50,000 (Article 372).
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LEGAL SYSTEM IN QATAR
According to Article 327 of the penal laws, any person who defames a public official or one who is in charge of a public service, during, in respect of, or on the occasion of performing the duties or public services assigned to him, or if the libel affects the honour or injures the reputation of families, shall be liable to imprisonment for a term not exceeding three years or a fine not exceeding QR20,000 or both of these penalties.
No crime shall be imputed to the offender if he proves the truth of the incident imputable to a public official or one who is in charge of public service, provided that the incident is related to the official's duty or service. The defamation or abuse contained in the defence of parties to a legal action, whether verbally or in writing, before courts of law or investigation authorities, shall not involve a crime if it is within the limits of the right to defence. Informing judicial or administrative authorities in good faith of any matter that calls for the responsibility of the accused shall not involve a crime.
As per Article 329, whoever curses a third party in public through the use of improper words affecting their honour and dignity shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding QR5,000 or both penalties.
Any person who defames or insults the victim face to face and not in public, or by phone, or in a written letter, or in another indirect way shall be punished with imprisonment for a term not exceeding three months or with a fine not exceeding QR1,000 or with both.
According to Article 331, whoever publishes news, pictures or comments related to the secrets of private or family life of persons even if they are true, shall be punished with imprisonment for a term not exceeding one year or with a fine not exceeding QR5,000 or with both of these penalties.
Anyone who is entrusted with a secret by virtue of his profession, trade, position or art and who discloses it in cases other than those lawfully permitted, or if he uses such a secret for his own private benefit or for the benefit of another person, without the consent of the person concerned with secret, shall be punished with imprisonment for a term not exceeding two years and/or with a fine not exceeding QR10,000.
According to Article 333, whoever illegally intrudes into another person's private life and without their consent through one of the following means, shall be punished with imprisonment for a term not exceeding one year or with a fine not exceeding QR5,000 or with both of these penalties; (1) opens a letter or telegram without the consent of the person to whom it is sent or overhears a telephone call, (2) records or transmits conversations that take place in a private place or through any type of device, and (3) takes or transmits somebody's photographs or photographs of other persons in a private place using any type of device.
According to Article 334, whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
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