Sunday, 05 December 2021 11:23 GMT

Court judgment with suspension of punishment


(MENAFN- Gulf Times) Question: I have received a judgment from the criminal court near LuLu with suspension of punishment for three years. I understand that under certain circumstances, anytime this punishment may be reactivated. Please explain such situations.
SR, Doha

Answer: According to Article 81 of the Penal law, the suspension of execution may be cancelled in any of the following cases: (1) If during the period of suspension, a judgment for imprisonment is rendered against the convict for more than three months for an intentional offence perpetrated during or before the said period and the court did not know about it when ordering the suspension of execution; or (2) If it appears that a judgment of imprisonment for a term of more than three months for an intentional offence was passed before ordering the suspension of execution and the court was unaware about it.

No requirement ofNOC for new job
Q: My company terminated me before the expiry of my contract and they are not willing to provide NOC paper to work with other company. I have a bank loan and bank imposed travel ban on me because of default in the payment. Without NOC, I cannot work in any other company and I cannot leave Qatar. Without any job, I cannot repay the loan. Are there any rules directing the employer to issue NOC? Please guide.
RA, Doha

A: Now there is no requirement of a no-objection certificate from the previous employer for a former resident to take up a new job in Qatar. As per the new entry exit law (Law No. 21 of 2015), the employee can change the job with the approval of the government, either on termination or after the expiry of their contract or after five years of service with the employer if the contract is for indefinite term. In case of termination of the employment contract, the employee can have up to three months' time as a grace period to find new employment by notifying the Ministry of Administrative Development, Labour and Social Affairs. When the worker has found a new job, they will be required to return to the ministry and present their new employment contract.

Entitlementfor gratuity
Q: I have been working here in Qatar for the last seven years. Now I want to leave the job. My company told me that I will receive the end-of-service benefit as three weeks of my basic salary multiplied by the number of years I worked in the company. But one of my friends told me if the number of service years exceeds five then the ESB is calculated as four weeks of basic salary multiplied by the number of service years. Kindly advise me on the Qatari law about end-of-service benefits.
FA, Doha

A: According to Article 54 of the Labour Law No. 14 of 2004, the employer shall pay end-of-service gratuity to those employees with one or more years of continuous service and unless otherwise a higher rate is agreed between the employer and employee, gratuity shall be calculated @3 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. Article 72 stipulates that the gratuity shall be calculated based on the basic wage on the date of entitlement. Accordingly, the basic salary on the date of termination will be the basis for calculation of the same.

Liquidation ofa company
Q: We started a contracting company in 2008 and it was profitable. Last year, the company faced many difficulties due to the market conditions and it led to a dispute with the Qatari partner. Now he wants to liquidate the company and other partners have also agreed for the same. How to initiate liquidation procedure for a limited liability company? Please advise.
BI, Doha

A: According to Article 306 of the company law, the company can be liquidated according to the method of liquidation provided in its incorporation documents or as agreed by shareholders upon liquidating the company. Accordingly, a limited liability company may be dissolved in accordance with its Articles of Association by way of a unanimous General Assembly resolution approving the dissolution of the company and appointing a liquidator to execute the liquidation process, unless otherwise Articles of Association mandates specific majority.

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LEGAL SYSTEM IN QATAR
Under the Penal laws, data processing system means any combination of a computer or computer network of one or more processing units whether in the computer's memory, programs, input, output or communication or physical facilities supporting the computer or computer network.
According to Article 371, anyone who accesses data saved in the 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 with a fine not exceeding QR10,000 or with both.
Whoever commits one of the offences stipulated in the preceding Article if it results in deleting, or modifying, spoiling or disabling the information existing inside the system, shall be punished with imprisonment for a term of no less than one year and not exceeding three years and a fine of no less than QR 10,000 and not more than QR50,000.
As per Article 373, any person who intentionally accesses, directly or indirectly, another person's processing system or destroys or modifies the data or means of processing and transfer of data shall be punished with imprisonment for a term of not less than one year and not exceeding three years and a fine of not less than QR10,000 and not more than QR50,000.
Whoever intentionally destroys or damages input or output units, computer screen or its components, shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding QR10,000. The same penalty shall be imposed on any person who intentionally disables any of the items or makes them inoperable.
According to Article 375, anyone who unduly uses a computer hardware or tools of another person shall be punished with imprisonment for a term not exceeding three months and/or a fine not exceeding QR3,000. When the offence is committed by a public employee or a member of staff working in the organisation or the place where the computer exists, the penalty shall be imprisonment for not more than two years. The penalty shall be not more than five years' imprisonment if the computer or the saved data are hacked and the computer is accessed by breaking into the place where the computer is located.
In case of installing or downloading a virus on compact disks or floppies of a third party's computer in order to damage the programs, installed or saved data, the perpetrator shall be punished with imprisonment for a term not less than three months and not more than three years. If the virus results in slowing down the operating system of the computer, the penalty shall be imprisonment for a term not less than six months and not more than three years. Imprisonment for a term not less than one year and not more than three years shall apply, if the virus use result in spoiling the programs, installed or saved inside the computer.
As per Article 378, whoever changes or modifies information, data and/or programs saved in a computer of a third party, or deletes part of data and/or programs with a virus or through any other illegal way and means, shall be punished with imprisonment for a term not exceeding three years.
Whoever uses a computer to sabotage whether by installing programs or fake data or by spoiling programs shall be punished by imprisonment for a term not exceeding three years.

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