Compensation claim for defective goods
May 24 2019 11:48 PM
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legal

By Dr Nizar Kochery/Doha

Question: We have purchased some materials from a company and due to delay from the client our works got delayed. When we started using the materials we found them defective. When we notified the company regarding the defect, the supplier rejected our claim. Is there any provision in law that supports the supplier’s defence? Can we claim for compensation for defects in goods as per the law? Please advise.
SL, Doha

Answer: Article 458 of the civil law stipulates that when the purchaser has taken delivery of the thing sold he shall ascertain its condition as soon as he is able to do so in accordance with common usage. If the purchaser discovers a defect for which the seller is answerable he must give a reasonable notice thereof to the seller failing which he will be deemed to have accepted the thing sold. If the defects that cannot be discovered by means of normal inspection the purchaser shall, upon the discovery of the defect, at once give notice thereof to the seller failing which he will forfeit his right to the warranty. If the goods are destroyed or damaged by an act of the purchaser, the purchaser shall remain liable for payment of the full price thereof.

Worker damages company property

Q: Can the management withhold the salary of the employee for damaging company property? We have apology letter from the employee for the damage to the property. Please advise, how can we recover the loss?
OA, Doha

A:
As per Article 71 of the Labour Law, the worker is under obligation to compensate the employer for damage, loss or destruction to machinery, products or equipment of the establishment as a result of his fault provided that the obligation of the worker for the compensation shall be preceded by an enquiry. The employer may deduct the value of the compensation from the wages provided that the value of the compensation does not exceed the wages due to the worker for seven days in one month.


Working for a firm not recruited by it

Q: I am working for a construction company for the past few years. The company is ready to grant NOC. I have got an offer from another company but they could not issue me visa. Can I work with the new company without changing my visa? Please advise.  
VP, Doha

A:
According to Article 23 of the Entry, Exit and Residence Law, no natural or legal person shall permit any expatriates who were recruited by them for employment, to be employed by any other employer or employ any person not recruited by them. Notwithstanding the above, the competent authority may authorise a recruiter to second his expatriate workers to another employer to work for a period not exceeding six months, which may be renewed for similar terms. The competent authority may also authorise any expatriate to work on a part-time basis for another employer out of his working hours, provided that the recruiter agrees thereto in writing. In any case, the approval of the Ministry of Labour and Social Affairs shall be required. 

Gambling in company accommodation

Q: We have noticed gambling activities in the accommodation and we have issued warning letters to the staff who are involved in it. Again, some issues connected with gambling have been reported from the company accommodation. Being a country that follows Shariah Law, is gambling allowed in Qatar in any case? In Qatar, under which law is it punishable? Please advise.
NX, Doha


A: Gambling is any game in which the probability of gain and loss depends on the luck and not on controlled factors and each party agrees to give the amount of money, in case of loss, to the winning party. Gambling is prohibited as per Shariah Law. According to Article 275 of Qatar Penal Law, whoever gambles shall be punished with imprisonment for a term not exceeding three months and a fine not exceeding QR3,000 or both. The penalty is no more than six months in prison in addition to a fine of no more than QR6,000, or one of these two penalties if gambling occurs in a public place, is performed openly or in any place or house made for this purpose.

* Please send your questions to leges@qatar.net.qa


LEGAL SYSTEM IN QATAR
According to Article 366 of Criminal Procedure Code, if a person is precautionary detained, and ordered to pay a fine only, an amount of hundred riyals shall be deducted upon enforcement against each of the days of imprisonment. If he is sentenced to both imprisonment and a fine, and the period he spent in precautionary detention exceeds the term of the imprisonment sentence, an amount of hundred riyals shall be deducted from the fine for every additional day.
Enforcement may be made by way of imprisonment, for the collection of fines, other financial penalties and the fees of criminal cases, and the period thereof shall be estimated by considering one day as hundred riyals or less. However, in violations, the imprisonment period shall not exceed seven days, and in crimes and misdemeanours, the imprisonment period shall not exceed six months.
As per Article 369, if the judgments are multiple, enforcement shall have regard to the total adjudged amounts, provided that the imprisonment period shall not exceed one year.
The Public Prosecution may offer the convicted person, if need be and upon his request, a period of time for the payment of amounts due to the State, or permit him to pay them in instalments, provided that the period does not exceed three years. If the convicted person delays in the payment of an instalment for no acceptable reason, the other instalments are nullified. The Public Prosecution may reverse such an order.
According to Article 371, enforcement by way of imprisonment shall be in accordance with an order issued from the Public Prosecution, after notifying the convicted person, and after satisfying all terms of the custodial penalties to which he is sentenced.
The convicted person is not discharged of the fines, other financial penalties and expenses through enforcement imprisonment, unless by considering QR100 for each day.
As per Article 375, the sentenced penalty in a crime shall be discontinued after 20 years, except if it is a death sentence, then it will be discontinued after thirty years. The sentenced penalty in a misdemeanour shall be discontinued after five years. The sentenced penalty in a violation shall be discontinued after two years. The period of discontinuance shall start from the time the judgment becomes conclusive.
The period of discontinuance of the penalty shall be interrupted by the arrest of the person sentenced to a custodial penalty, and by any enforcement procedure undertaken against him or which has become known to him, or during this period the convicted person committed a crime or misdemeanour identical or similar to the crime of which he is convicted.
Any hindrances that prevent enforcement, whether legal or physical, shall interrupt the validity of the penalty discontinuance period. The existence of the convicted person abroad shall be considered as a hindrance that interrupts the validity of the period.
If the convicted person dies after receiving a conclusive judgment, the financial penalties, compensation, amounts owed and expenses shall be enforced against his estate.
According to Article 379, rehabilitated occurs ipso jure if no criminal or misdemeanour judgment is issued against the convicted period during the following periods: (a) If the judgment is a penalty for a crime and five years have lapsed from the enforcement or a pardon is granted or there is discontinuance by lapse of the period. (b) If the judgment is a penalty for a misdemeanour and three years have lapsed from the execution or a pardon is granted, unless the judgment considered the convicted person as a recidivist, or the penalty discontinues by lapse of the period and the period shall be five years.



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