المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Commercial and Labour — Volume 9

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,069 available principles

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  1. - تقادم دعوى الرجوع

    Principle 3918The subcontractor’s direct recourse against the employer. It is limited to what the employer owes the main contractor at the time the action is brought. - The second subcontractor. May bring a direct action against the mCommercial and Labour — Volume 9 · Source page ٦٦٠
  2. Principle 3919The insurer’s recourse action against the insured for the compensation it paid to the injured party, based on the insured’s breach of the insurance policy terms. It is time-barred upon the lapse of three years from the dCommercial and Labour — Volume 9 · Source page ٦٦٠
  3. Principle 3920Actions arising from an insurance contract. Their limitation period. Three years. This includes the insurer’s recourse action for compensation it paid to the injured party owing to breach of the contractual conditions orCommercial and Labour — Volume 9 · Source page ٦٦٠

  4. نيابة عامة

    Principle 3922The customer's cessation of payment of his debts purchased by the State. Its effect. The Public Prosecution may request that he be declared bankrupt even after his death or retirement, within the following 2 years; otherCommercial and Labour — Volume 9 · Source page ٦٦١
  5. Principle 3923The guarantor under Law 41 of 1993 concerning the State’s Purchase of Certain Debts and the Manner of Their Collection. He is treated as a customer and is subject to the provisions regulated by its texts, including his oCommercial and Labour — Volume 9 · Source page ٦٦١

  6. - التبعية والأجر

    Principle 3925Employment contract. Its two essential characteristics are subordination and remuneration. The judgment’s reasonable inference of these two characteristics. This is not altered by proof that a ministry intervened in appoCommercial and Labour — Volume 9 · Source page ٧٨٣
  7. Principle 3926The criterion distinguishing an employment contract from other contracts. It is the element of subordination. The existence of a partnership agreement requires the intention to participate in the partnership’s activity aCommercial and Labour — Volume 9 · Source page ٧٨٣
  8. Principle 3927Inferring the employment relationship and ascertaining subordination and supervision. A matter for the court of merits, so long as it is sound.Commercial and Labour — Volume 9 · Source page ٧٨٣
  9. Principle 3928Subordination and remuneration are the two fundamental facts of an employment contract. The judgment’s finding that they exist on grounds sufficient to sustain it. This includes an implicit response to the appellant’s coCommercial and Labour — Volume 9 · Source page ٧٨٣
  10. Principle 3929Employment contract. The criterion for its characterization and distinction from other contracts is the element of subordination. Partnership contract. The condition for its existence. The intention to participate in an Commercial and Labour — Volume 9 · Source page ٧٨٣
  11. Principle 3930A partner bound by an employment contract with the company. A worker employed by the company. The reason therefor. There is no conflict between the intention to participate in the company and the concept of subordinationCommercial and Labour — Volume 9 · Source page ٧٨٣
  12. Principle 3931Ascertaining the elements of subordination and remuneration. A factual matter within the exclusive province of the trial judge, provided the conclusion is reasonable. - The worker's remuneration. May be fixed as a percenCommercial and Labour — Volume 9 · Source page ٧٨٣
  13. Principle 3932Employment contract. The criterion for distinguishing it. The elements of remuneration and subordination. Determination of the worker’s wage on the basis of a share of profits. Its implication. He is not regarded as a paCommercial and Labour — Volume 9 · Source page ٧٨٤
  14. Principle 3933Employment contract. Its distinction from other contracts. The criterion therefor. The elements of remuneration and subordination. Law 38 of 1964. Partnership contract. Its criterion. The intention to participate in an aCommercial and Labour — Volume 9 · Source page ٧٨٤
  15. Principle 3934Members of the liberal professions, including actors and artists. Their lack of subordination to those with whom they contract concerning their work. The condition for this. That they have not accepted authority to monitCommercial and Labour — Volume 9 · Source page ٧٨٤

  16. - ما يخرج عن مدلول الأجر

    Principle 3936Wages. Their nature. - An allowance granted to a worker as reimbursement for expenses he incurs. It is not a component of wages. The worker’s entitlement thereto depends on the occurrence of the grounds for it. - 784 - LCommercial and Labour — Volume 9 · Source page ٧٨٤
  17. Principle 3937Accrued leave, payment in lieu of the notice period, and any annual grant to which the worker may be entitled. Fall outside the meaning of supplements to the full wage.Commercial and Labour — Volume 9 · Source page ٧٨٥
  18. Principle 3938A worker’s entitlements. What is relied upon in calculating them. The last wage received, in addition to whatever is given in return for the work, whatever its form or designation. Its condition. That it acquire a habituCommercial and Labour — Volume 9 · Source page ٧٨٥
  19. Principle 3939Payment in lieu of the notice period and any car allowance to which the worker may be entitled. Fall outside the meaning of supplements to full wages.Commercial and Labour — Volume 9 · Source page ٧٨٥

  20. - طريقة احتساب الأجر وملحقاته

    Principle 3942Weekly rest. The worker is not entitled to wages for it. Effect thereof. Its exclusion from the wages for the period. The necessity of excluding - 785 - Labour rest days falling within the days of the calculation when deCommercial and Labour — Volume 9 · Source page ٧٨٥
  21. Principle 3943Wages. Their nature: everything paid by the employer in a regular, continuous manner so that it assumes the character of habitual receipt and reliance by the worker in organizing his living affairs. It is considered an aCommercial and Labour — Volume 9 · Source page ٧٨٦
  22. Principle 3945Overtime pay and the difference in leave compensation. The method of calculation. Benefits in kind are not included in the assessment. The basis therefor.Commercial and Labour — Volume 9 · Source page ٧٨٦
  23. Principle 3947The rest day is not included in the wage of a worker employed on a monthly or weekly basis. Rest days falling within the accounting period must be excluded when determining the worker’s daily wage.Commercial and Labour — Volume 9 · Source page ٧٨٦
  24. Principle 3948Pay for overtime hours, Fridays, and official holidays. It is calculated on the basis of the full cash wage, excluding the housing benefit or free transport benefit, since he receives them in kind.Commercial and Labour — Volume 9 · Source page ٧٨٦
  25. Principle 3949The worker’s wage. The contracting parties’ determination of the monthly wage on the basis that weekly rest days are included in it. Its implication is that the daily wage must be calculated on the basis that the month iCommercial and Labour — Volume 9 · Source page ٧٨٦

  26. - إثبات علاقة العمل

    Principle 3953The Private Sector Labour Law. Its relation to public policy. It may not be contravened unless the contravention results in a benefit to the worker. No restriction is imposed on the worker’s proof of any of his rights. ICommercial and Labour — Volume 9 · Source page ٧٨٧
  27. Principle 3954Writing in notification by either party to an indefinite-term contract of termination of the contract. A means of proving that it occurred and not a condition of its validity. Effect thereof. The parties to the contract Commercial and Labour — Volume 9 · Source page ٧٨٧
  28. Principle 3955Determining the existence or termination of an employment relationship. A question of fact independently determined by the court of merits. Drawing judicial presumptions from the facts and documents of the case and the cCommercial and Labour — Volume 9 · Source page ٧٨٧
  29. Principle 3956Determining the beginning and end of the employment relationship is within the independent discretion of the court of merits. Its authority to examine indications and documents, ascertain the facts, and adopt the expert'Commercial and Labour — Volume 9 · Source page ٧٨٨
  30. Principle 3957Inferring the existence or absence of an employment relationship. Within the authority of the court of merits.Commercial and Labour — Volume 9 · Source page ٧٨٨
  31. Principle 3958The chairman of the board of directors of a joint-stock company. Is not regarded as a worker. The reason therefor: carrying out his work through statutory representation.Commercial and Labour — Volume 9 · Source page ٧٨٨
  32. Principle 3959Proof by the worker that the employer assigned him overtime work. Permissible by all means of proof.Commercial and Labour — Volume 9 · Source page ٧٨٨
  33. Principle 3960Determining the commencement or termination of the employment relationship is a question of fact within the exclusive competence of the court of merits, to the exclusion of any other court, whenever it bases its judgmentCommercial and Labour — Volume 9 · Source page ٧٨٨
  34. Principle 3961The existence of an employment relationship. The trial judge has independent authority to assess it. The condition therefor. That the decision be based on sound grounds sufficient to support it. Example of a judgment taiCommercial and Labour — Volume 9 · Source page ٧٨٨
  35. Principle 3962Appointment of a worker under a written or oral contract. Permissible. - The worker and employer may prove the employment relationship by all means of proof so long as there is no instrument establishing it. Example. - 7Commercial and Labour — Volume 9 · Source page ٧٨٨
  36. Principle 3963Workers employed in temporary work are excluded from the provisions of Law 38 of 1964. - Determining the commencement or termination of the employment relationship is a matter of fact.Commercial and Labour — Volume 9 · Source page ٧٨٩
  37. Principle 3964Determining the existence or termination of a relationship and ascertaining the event from which knowledge of the contract’s termination begins. A factual matter within the exclusive authority of the court of merits. - ACommercial and Labour — Volume 9 · Source page ٧٨٩
  38. Principle 3965Ascertaining the facts of the case, assessing the evidence, adopting the expert’s report, identifying the true nature of the relationships connecting the parties to the proceedings, and determining the commencement of thCommercial and Labour — Volume 9 · Source page ٧٨٩
  39. Principle 3966The challenged judgment's conclusion that the female appellant failed to prove an employment relationship between her and the respondent, that what she submitted was unsuitable as evidence thereof, and that the contract Commercial and Labour — Volume 9 · Source page ٧٨٩
  40. Principle 3967End-of-service gratuity. An independent right whose conditions of entitlement are regulated by mandatory provisions of law. It is payable by the employer upon termination of the worker’s contract with him. - AscertainingCommercial and Labour — Volume 9 · Source page ٧٨٩
  41. Principle 3968The release in which the worker acknowledges settlement of his financial entitlements owed by the employer and that he will not seek recourse against the employer for any of them. Evidence against the worker as to its coCommercial and Labour — Volume 9 · Source page ٧٨٩
  42. Principle 3969The worker's execution of a discharge concerning all his entitlements owed by the employer. Bars him from having recourse against the employer for any of them. This binding force may not be overturned or escaped. ConditiCommercial and Labour — Volume 9 · Source page ٧٨٩
  43. Principle 3970The trial court’s conclusion that the discharge issued by the worker is valid because it explicitly and conclusively acknowledges receipt of his entitlements. Its implication. It constitutes evidence against him which heCommercial and Labour — Volume 9 · Source page
  44. Principle 3971The rights established by the provisions of the Labour Law. Constitute the minimum protection for the worker. Agreement to depart from them is permissible if such departure results in a greater advantage or benefit for tCommercial and Labour — Volume 9 · Source page
  45. Principle 3972Wages, including allowances, benefits, overtime pay, and payment for accrued leave. A recurring periodic right. An action therefor shall not be heard, upon denial, after five years. - Considering the employment relationsCommercial and Labour — Volume 9 · Source page
  46. Principle 3973Treating an injury as an occupational injury pursuant to Article (65) of Law 38 of 1964. Its prerequisite. It must result from an accident occurring during and because of work and arising from its nature and the circumstCommercial and Labour — Volume 9 · Source page
  47. Principle 3974Determining the commencement or termination of the employment relationship and the existence of grounds for dismissing the worker. A question of fact. Within the exclusive competence of the trial judge. Its condition.Commercial and Labour — Volume 9 · Source page
  48. Principle 3976The worker and the employer may prove the employment relationship by all means of proof so long as no written instrument exists to establish it. - 790 - Labour An oral contract is equivalent to a written contract. It mayCommercial and Labour — Volume 9 · Source page
  49. Principle 3977Registration pursuant to the provisions of Parts Three and Five of the Social Insurance Law is undertaken by the Public Institution for Social Security. It is bound in doing so by the provisions of this law. The reason fCommercial and Labour — Volume 9 · Source page
  50. Principle 3978Ascertaining and understanding the facts of the case, inferring the existence of an employment relationship, investigating the true nature of the relationship between the parties, and interpreting contracts and instrumenCommercial and Labour — Volume 9 · Source page
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