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. - الفئات المستثناة من تطبيق قانون العمل

    Principle 3980The Private Sector Labour Law. Categories exempted from the application of its provisions. An example.Commercial and Labour — Volume 9 · Source page ٧٩١
  2. Principle 3981The areas excluded from the provisions of the Labour Law. What is meant by them. Establishments not operated by mechanical machinery. Its implication. These are establishments in which machinery is not the basis for carrCommercial and Labour — Volume 9 · Source page ٧٩١
  3. Principle 3982The owner of the pharmacy whose licence is issued in his name is the employer responsible for workers' rights, not his agent managing it. Law 32/1986.Commercial and Labour — Volume 9 · Source page ٧٩٢
  4. Principle 3983Kuwait Airways Corporation is a private-law person. Its employees are subject to the Labour Law in the Private Sector.Commercial and Labour — Volume 9 · Source page ٧٩٢
  5. Principle 3984Excluding owners of small establishments from the scope of application of the Labour Law. The condition for a small establishment. A defence based on the absence of the two conditions. A material defence.Commercial and Labour — Volume 9 · Source page ٧٩٢
  6. Principle 3986Exclusion of an establishment's activity from the scope of application of the Labour Law. Its criterion is that it employ no more than four workers and not be operated by mechanical machinery. Meaning of establishment. MCommercial and Labour — Volume 9 · Source page ٧٩٢
  7. Principle 3987Categories exempted from application of the Labour Law. Establishments not operated by a motor and usually employing fewer than five workers. Whether the vehicle used to distribute foodstuffs sold to the establishment's Commercial and Labour — Volume 9 · Source page ٧٩٢
  8. Principle 3988The employer’s employment of fewer than five workers in premises operated by mechanical machinery: two conditions which must be satisfied for the Labour Law not to apply. Satisfaction of only one of them is insufficient.Commercial and Labour — Volume 9 · Source page ٧٩٢
  9. Principle 3989Excluding owners of small establishments that are not operated by mechanical machinery and ordinarily employ fewer than five workers from the provisions of the Labour Law, Article 2 of Law 38/1964. Its rationale. MechaniCommercial and Labour — Volume 9 · Source page ٧٩٢
  10. Principle 3990Exclusion of casual workers from the scope of application of the Labour Law. Meaning of casual workers. Reason for the exclusion.Commercial and Labour — Volume 9 · Source page ٧٩٢
  11. Principle 3991What is required for a worker to be considered a casual worker. Example. - 792 - LabourCommercial and Labour — Volume 9 · Source page ٧٩٢
  12. Principle 3992The Arab Fund for Economic and Social Development is an Arab regional financial institution with independent personality established by the Arab States. Its employees are subject to the organisation’s own employment law,Commercial and Labour — Volume 9 · Source page ٧٩٣
  13. Principle 3993Establishments not operated by mechanical machinery and in which fewer than five workers are ordinarily employed. Non-application of the Labour Law. Example.Commercial and Labour — Volume 9 · Source page ٧٩٣
  14. Principle 3994Exemption of owners of small establishments from application of the Labour Law. What is meant by these establishments. - Assessment of whether an establishment is exempt from application of the Labour Law. A factual mattCommercial and Labour — Volume 9 · Source page ٧٩٣
  15. Principle 3995Exclusion of an activity from the scope of application of the Private Sector Labour Law. Its condition. - Exemption of owners of small establishments from the application of the Labour Law. Rationale for this exemption.Commercial and Labour — Volume 9 · Source page ٧٩٣
  16. Principle 3996The exemption of owners of small establishments which are not operated by mechanical machines and usually employ fewer than five works from the provisions of the Labour Law. Does not preclude an agreement to subject the Commercial and Labour — Volume 9 · Source page ٧٩٣
  17. Principle 3997Workers employed in temporary work are excluded from the provisions of Law 38 of 1964.Commercial and Labour — Volume 9 · Source page ٧٩٣
  18. Principle 3998Exemption of owners of small establishments from the provisions of Law 38 of 1964 concerning labour in the private sector. The rationale for this exemption. Alleviating the financial burdens imposed by the law on those wCommercial and Labour — Volume 9 · Source page ٧٩٣
  19. Principle 3999Domestic workers and workers to whom other laws apply. Their exemption from application of the provisions of the Private Sector Labour Law in respect of matters provided for in those laws. The Sports Bodies Law. Its lackCommercial and Labour — Volume 9 · Source page ٧٩٣
  20. Principle 4000The challenged judgment's conclusion that the female appellant was unable to prove an employment relationship between her and the respondent, that what she submitted was not suitable evidence to establish that, and that Commercial and Labour — Volume 9 · Source page ٧٩٣
  21. Principle 4001Members 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 ٧٩٤

  22. - عقد الشركة وعقد العمل

    Principle 4002The statutes of the Fellowship Fund. A standard-form contract regulating the rights and duties of employees of the union, which all its parties must observe. This system is not subject to the provisions of the Labour LawCommercial and Labour — Volume 9 · Source page ٧٩٤

  23. - عقد العمل غير محدد المدة

    Principle 4003A person being bound by a company contract and an employment contract with the company at the same time. There is no conflict between them. The reason for this. - The indefinite-term employment contract:-Commercial and Labour — Volume 9 · Source page ٧٩٤
  24. Principle 4004Application of the rule governing a fixed-term employment contract to its tacit renewal in the event of actual continued performance. Example.Commercial and Labour — Volume 9 · Source page ٧٩٤
  25. Principle 4005A fixed-term employment contract. Neither party is obliged to pay compensation in lieu of notice upon terminating it without observing a notice period. Condition thereof. There must be no agreement requiring notice of teCommercial and Labour — Volume 9 · Source page ٧٩٤
  26. Principle 4006What either party to an indefinite-term contract owes to the other in the event of its termination: pay in lieu of notice. - Compensation for termination. Its limitation to fixed-term contracts. Its assessment is a matteCommercial and Labour — Volume 9 · Source page ٧٩٤
  27. Principle 4008The rule governing a fixed-term employment contract extends to the case of its tacit renewal where its performance actually continues after expiry of its term. The distinction between this tacit renewal and express renewCommercial and Labour — Volume 9 · Source page ٧٩٥
  28. Principle 4009Considering a contract to be of fixed duration. Its condition: the future event certain to occur by which the contract ends must be precisely specified so as to eliminate uncertainty concerning it. - Concluding a contracCommercial and Labour — Volume 9 · Source page ٧٩٥
  29. Principle 4010A fixed-term contract. Its condition: that the future event certain to occur, upon which the contract ends, be precisely defined so as to eliminate uncertainty. - Concluding a contract for a specified term and agreeing tCommercial and Labour — Volume 9 · Source page ٧٩٥
  30. Principle 4011Considering a contract to be for a fixed term. Condition therefor. The future event certain to occur by which the contract ends must be precisely defined so as to eliminate uncertainty. Conclusion of a contract for a speCommercial and Labour — Volume 9 · Source page ٧٩٥

  31. - عقد العمل محدد المدة

    Principle 4016A fixed-term contract. Its condition: the future event certain to occur by which the contract ends must be precisely specified so as to eliminate uncertainty concerning it. - Concluding a contract for a fixed term and agCommercial and Labour — Volume 9 · Source page ٧٩٧

  32. - تجديد عقد العمل

    Principle 4021The parties’ agreement, at the time of concluding the contract, on the manner of its renewal after the expiry of its original term, for a limited period unless either notifies the other within the prescribed time of his Commercial and Labour — Volume 9 · Source page ٧٩٨
  33. Principle 4022The contract’s inclusion of a clause specifying the period upon which it ends. Its classification as a fixed-term contract is not altered by its inclusion of a provision that it is renewable unless one party notifies theCommercial and Labour — Volume 9 · Source page ٧٩٨
  34. Principle 4023Treating a fixed-term employment contract as renewed for an indefinite term is confined to tacit renewal, not express renewal.Commercial and Labour — Volume 9 · Source page ٧٩٨
  35. Principle 4024Employment contract. Specifying its duration while permitting either party to terminate it unilaterally before its term expires. Considering it to be of indefinite duration. No error.Commercial and Labour — Volume 9 · Source page ٧٩٨
  36. Principle 4025Tacit renewal and express renewal of a fixed-term employment contract under French law.Commercial and Labour — Volume 9 · Source page ٧٩٨
  37. Principle 4026A provision in a fixed-term employment contract entitling both parties to terminate it before expiry of its term. Its effect. It is not considered fixed-term. The worker is not entitled to compensation for the remaining Commercial and Labour — Volume 9 · Source page ٧٩٨
  38. Principle 4027Tacit renewal of an employment contract. What establishes it. Actual continuation of its performance after expiry of its term. - Express renewal of an employment contract. Its nature.Commercial and Labour — Volume 9 · Source page ٧٩٩
  39. Principle 4028An employment contract’s inclusion of a clause permitting either party to terminate unilaterally before its expiry. It is considered a contract of indefinite duration.Commercial and Labour — Volume 9 · Source page ٧٩٩
  40. Principle 4029Continued performance in fact of a fixed-term employment contract after expiry of its term. Tacit renewal. Express renewal. Its nature: the parties’ advance agreement, upon concluding the contract, to regulate its expresCommercial and Labour — Volume 9 · Source page ٧٩٩
  41. Principle 4030The rule governing a fixed-term employment contract applies to its tacit renewal where its performance continues in fact after expiry of its term. This tacit renewal differs from express renewal. When the contract is deeCommercial and Labour — Volume 9 · Source page ٧٩٩

  42. - تعديل شروط عقد العمل

    Principle 4031Determining whether or not a worker’s period of service under multiple employment contracts is considered continuous. Within the authority of the court of merits. Condition therefor. - The employer’s termination of the wCommercial and Labour — Volume 9 · Source page ٧٩٩
  43. Principle 4034The 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
  44. Principle 4035The Iraqi invasion. Its effect. Suspension of employment contracts without their extinguishment. Workers' rights guaranteed to them by law against employers for the period preceding the invasion. Unaffected by it.Commercial and Labour — Volume 9 · Source page
  45. Principle 4036The employment contract during the worker’s conscription. A contract suspended until his return. Its effect. Suspension of all rights and obligations arising from it. The worker’s retention of his position or work and thCommercial and Labour — Volume 9 · Source page
  46. Principle 4037Employing workers who are neither Kuwaitis nor nationals of the Cooperation Council for the Arab States of the Gulf. Its condition.Commercial and Labour — Volume 9 · Source page
  47. Principle 4038The legislature's aim to enumerate foreign workers and regulate their immigration and employment. Meaning thereof. The right of the Ministry of Social Affairs and Labour to grant a work permit or authorization, or renew,Commercial and Labour — Volume 9 · Source page
  48. Principle 4039Work authorization or permission, and its renewal, transfer and cancellation. Within the competence of the Ministry of Social Affairs in accordance with what it considers conducive to the public interest, without review Commercial and Labour — Volume 9 · Source page
  49. Principle 4040Employment contract. The parties’ inclusion of housing and food among the constituent elements of the wage when determining it, to meet the working conditions and special effort required of the worker. It may not be regaCommercial and Labour — Volume 9 · Source page
  50. Principle 4041Weekly rest. The worker is not entitled to remuneration for it. Its effect. It is not included in remuneration for the period. Rest days falling within the days covered by the calculation must be excluded when determininCommercial and Labour — Volume 9 · Source page
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