Transcript Qatar Employment Law

LIVING AND WORKING IN QATAR
Legal Considerations
Presentation
August 2013
Topics to Discuss
• Qatar Basics
• Introduction to Qatar
• Student and Faculty Life and the Law
• Key Areas of Behavioral / Moral Regulation & Other
Expat Pitfalls
• Academic Matters and the Law
• Employment Law
• Commercial Operations and the Law
• Extraterritorial Application of US Laws to Qatar
Qatar Basics
• Formerly a British Protectorate; became independent in 1971
• Ruled by the Al Thani Family – since Mid-19th Century
• In 1995, Sheikh Hamad bin Khalifa Al Thani became Emir
who abdicated in July 2013 to son, HH Sheikh Tamim bin
Hamad Al Thani
• Qatari citizen population of 300,000 but total population of 2
million
• Land size is 11,586 sq km, slightly smaller than Connecticut
• Qatar Foundation non-profit organization founded in 1995
• QSTP is Qatar’s first free-trade zone
Introduction to Qatar Law
• Civil Law jurisdiction vs US which is a common law
jurisdiction
• Supreme governing law of the nation is its
Constitution
• Civil Law, Penal Code, Civil Procedure Code and
Sharia Law
• Court System – Courts have final authority on
interpreting the law; however no binding precedent
Student and Faculty Life and the Law
• Obligation on faculty, staff and students to comply with Qatar
law and respect its cultural, religious and social customs
• PDA – “Public Display of Affection”
• “One of us” Campaign
• Penalties are severe, including corporal punishment and
deportation
• Use common sense and act respectfully
KEY AREAS OF BEHAVIORAL/MORAL
REGULATION & OTHER EXPAT
GUIDANCE
Respect for God & Government
EMIR
• Anyone who criticizes and/or challenges, by any public
means, the Emir’s authority or rights
Up to 5 years imprisonment
RELIGION
• Insulting God in writing, drawing, gesturing or in any other
way
• Offending, misinterpreting or violating the Holy Koran
• Offending the Islamic religion
Up to 7 years imprisonment
Respect for God & Government
RELIGION
• Cursing any of the divine religions according to the
regulations of Islamic Law
• Insulting any of the prophets in writing, drawing,
gesturing or in any other way.
Up to 7 years imprisonment
RELIGION
• Anyone who opposes or doubts any of the basic
tenets of Islam, or calls upon, favors or promotes
another religion, cult or (religious) concept
Up to 5 years imprisonment
Traffic & Traffic Violations
• Drivers from all around the world – makes for some
hazardous driving at times
• Driving under the influence (alcohol, drugs or other
mental stimulants) is prohibited – up to 3 years
imprisonment + hefty fines; deportation most usual
• Accident causing injury – Driver must aid injured,
report accident to police and NOT move the vehicle
(unless aiding the injured or at police instruction). If
no-one injured, vehicle may be moved
• Overloading vehicle – up to 1 year imprisonment
Drugs, Alcohol and Pork Products
• Consumption of alcohol is permitted in licensed areas
(bars and restaurants, etc) and private areas, subject to
the owner holding the requisite license; A license is
required for purchase, sale and possession of alcohol
• Up to 3 years imprisonment + other penalties for
“importing, holding (handling), buying, settling,
transferring, producing, extracting, detaching or
producing” prohibited substances
• This includes drugs which are restricted in other parts of
the world, plus some that are not
Drugs, Alcohol and Pork Products
• Importation of pork (including pork products) into
Qatar is prohibited and subjects the importer to
imprisonment of up to three months and/or a
maximum penalty of 10,000 QAR
• Sale of pork allowed through licensed entity, QDC.
• There are no written laws or regulations prohibiting
consumption of pork in Qatar
• Note – Pork products, alcohol and other substances
are seen as ‘haraam’ or forbidden under Sharia
(Islamic) law and so are prohibited for those of the
Muslim faith, notwithstanding the laws of Qatar
Personal Relationships
• Up to 7 years prison for sex between persons not
married according to law (and up to life in prison
where the “culprit” is a relative, guardian, caretaker
or servant)
• Co-habitation between men and women not
technically illegal but assumption of sexual
relationship may be made
• Homosexuality is illegal – also up to 7 years prison
Personal Relationships
• Other sexual conduct also subject to regulation – e.g. it is
illegal to induce or seduce someone to commit illegal or
“immoral” actions. Could be interpreted broadly.
• Up to 1 year in prison + fines for dealing in “immoral”
books, prints, writings, drawings, photos, movies or
symbols. “Dealing” = producing, importing, exporting,
possessing, transporting, selling, displaying, leasing, etc.
Caution – Facebook and personal photographs circulated by
email or otherwise
Free Speech and Expression
• The Constitution states that Qatari society is based
on certain values, including freedom, and arguably
freedom of speech.
• Up to 2 years prison + a fine for defaming someone
in public through “accusing them of doing a mishap
necessitating a legal punishment or inflicting their
dignity or honor or exposing them to people's disdain
and malice”.
Free Speech and Expression
• Up to 3 months in prison + a fine in case of defaming
or insulting someone face to face and not publicly, or
through the phone, or a written letter, or in another
indirect way
• Up to 1 year in prison + a fine in case of spreading
news, photos or comments related to the secrets of
private life, or families, or individuals even if they
were true.
Caution - Facebook and email; prosecution for
remarks that someone is “stupid” not unheard of
Assault
• As in U.S., assault is obviously illegal and penalties are
severe
• As in many other jurisdictions, assault may be broadly
defined – e.g. pushing, shoving, spitting, etc. may
constitute assault
• Caution - there is a cultural tendency in parts of the
Middle East to involve police and the authorities in
personal disputes more so, than in some other parts of
the world. Be aware that what may seem to you to be a
relatively minor dispute, where one party is, for example,
gently pushed, could result in assault charges and
prosecution before the Qatar Courts
Obligation to Report Felonies
• Failure to inform the authorities of an act which is
classed as a felony, is punishable by up to 3 years
jail and a fine of 10,000 QR.
• A felony is defined to mean a crime which is
punishable by death, life imprisonment or
imprisonment for a period which is longer than three
years.
• Be aware that an awareness of a contravention of
law such as those above, may require you to report to
authorities, or risk prosecution.
Academic Matters and the Law
• Responsibility to Students – General Standard of
Care – Problems with Waivers
• Student Affairs – Organizations, Trips and Donations
• Impact of Free Speech Issues on Curriculum
• Textbooks, Internet, Visual and Other Media (possible
license requirements)
Qatar Employment Law
• There is an open question on whether Qatar Labour
Law applies to employees of Education City
Universities under international contracts.
• Employees resident in Qatar or seconded to Qatar
are deemed by the Labour Department to be subject
to Qatar Labour Law requirements. These
requirements are comprehensive and address work
hours, leave policies, medical coverage, termination
rights and end of service responsibilities. Currently
being addressed by the Courts here in Qatar.
Commercial Operations and the Law
• Leases and the Rent Law – separate dispute
resolution
• Personal and Business Loans – criminal and travel
ban penalties for not paying back a loan and
bouncing check
Other Matters
• Mixed Marriages
– There are no restrictions on inter-racial marriage however
the Family Law prevents marriage between Muslim
females and non-Muslim males
• Children Born in Qatar
– Qatari citizenship is not accorded to those born in Qatar
– A Qatari birth certificate can be obtained and certified by
the authorities in Qatar.
US Legal Issues: FCPA
• FCPA – what does it mean? What are the penalties?
• Who is a “government official” ?
• What is a “prohibited payment” ?
• What does “value” to “retain” or “obtain” work or
business mean?
• Are there exceptions?
• Cases
US Legal Issues: Anti Boycott
• Outline of US Anti Boycott laws
• Qatar’s participation in the boycott
• Reporting Requirements
US Legal Issues: Export Controls
• Lectures and course materials of a “US person” are
“US Exports”
• Course material with technical data may require a
license in order to be shared in an academic
environment outside the US or inside the US to non
US nationals
• Implications of the Roth Case and others
US Legal Issues: OFAC
• US Sanctions – Iran, Libya, Syria and Sudan
• Implications on dealing with the governments of
these countries, officials, and instrumentalities of
these governments
• License Requirements and Penalties.
Other US Legal issues with extraterritorial
implication
• Title VII and certain other employment laws
• Patriot Act and other anti-terrorism laws