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. - العمولة

    Principle 4100The percentage allocated by the employer to the worker. It constitutes additional or supplementary pay to the basic wage stipulated in the contract. Its cancellation without the worker’s consent is void. Example concerniCommercial and Labour — Volume 9 · Source page ٨٠٩
  2. Principle 4101Commission must satisfy the two conditions of continuity and constancy to be payable as remuneration. Article 27 of Law 38/1964. Example concerning a debt-collection bonus.Commercial and Labour — Volume 9 · Source page ٨٠٩
  3. Principle 4102A travelling representative and commercial representative is a worker, not an agent. The commission he receives is subject to the Labour Law, not the provisions of the Commercial Code.Commercial and Labour — Volume 9 · Source page ٨٠٩
  4. Principle 4103The worker's wage, its meaning - Commission. Part of the wage. Amendment of the wage agreed upon in the employment contract or a decision by the employer by the administration of either of them acting alone. ImpermissiblCommercial and Labour — Volume 9 · Source page ٨٠٩
  5. Principle 4104A ruling rejecting commission in reliance on the expert’s report, which concluded that no profits were made and that the worker did not contribute to concluding the contracts, in a manner sufficient to support the judgmeCommercial and Labour — Volume 9 · Source page ٨٠٩
  6. Principle 4105Commission given to the two parties, delegates, travelling agents and commercial representatives. Is one of the non-fixed wage supplements and exists or ceases to exist according to the existence or absence of the groundCommercial and Labour — Volume 9 · Source page ٨٠٩
  7. Principle 4106Commission. It is not among the wage supplements possessing the character of constancy and stability. The criterion for adding its average to wages in calculating the end-of-service gratuity.Commercial and Labour — Volume 9 · Source page ٨٠٩
  8. Principle 4107The contract is the law of its parties. It may not be revoked or amended except within the limits permitted by the agreement or prescribed by law. The challenged judgment's adherence to this and its award to the respondeCommercial and Labour — Volume 9 · Source page ٨٠٩
  9. Principle 4109Annual leave - Its rationale - The worker’s right thereto pertains to public policy. The sanction for the employer’s failure to grant it to the worker.Commercial and Labour — Volume 9 · Source page ٨١٠
  10. Principle 4110The worker’s right to annual leave pertains to public order. Its implication. The consequence of the employer’s failure to grant it to the worker is compensating the worker for the leave he did not receive.Commercial and Labour — Volume 9 · Source page ٨١٠
  11. Principle 4111The worker’s right to annual leave concerns public policy. It may not be waived. The employer must grant it even if the worker does not request it, or compensate him for leave not taken. The burden of proving that the woCommercial and Labour — Volume 9 · Source page ٨١٠
  12. Principle 4113The worker’s wage on the basis of which payment for the leave period or payment in lieu of notice is calculated does not include the annual grant. Rationale therefor.Commercial and Labour — Volume 9 · Source page ٨١٠
  13. Principle 4114The worker’s right to annual leave relates to public policy. The employer’s infringement of this right. Entitles the worker to terminate employment before the expiry of its term, with entitlement to an end-of-service graCommercial and Labour — Volume 9 · Source page ٨١٠
  14. Principle 4115The worker's annual leave is independent of other leave. The worker's taking unpaid leave does not deprive him of taking his annual leave. - 810 - LabourCommercial and Labour — Volume 9 · Source page ٨١٠
  15. Principle 4116The burden of proving that the worker’s leave exceeds 14 days annually. On the worker.Commercial and Labour — Volume 9 · Source page ٨١١
  16. Principle 4117The wage on the basis of which cash compensation for annual leave is calculated. It is the fixed wage to which the worker would have been entitled had he actually taken the leave. Items treated as wages are not included Commercial and Labour — Volume 9 · Source page ٨١١
  17. Principle 4118A female worker’s taking maternity leave does not extinguish her right to annual leave.Commercial and Labour — Volume 9 · Source page ٨١١
  18. Principle 4119Proof that the worker worked on weekly rest days and official holidays. Permissible by all means of proof.Commercial and Labour — Volume 9 · Source page ٨١١
  19. Principle 4120The worker’s annual leave. Its purpose. The worker’s right thereto pertains to public order. The employer’s obligation to grant it to the worker even if he does not request it. His breach thereof. Its necessary consequenCommercial and Labour — Volume 9 · Source page ٨١١
  20. Principle 4122The worker’s right to receive payment in lieu of leave accumulated during his employment without a maximum limit. Article 13 of Law 28/1969 concerning labour in the oil business sector. Contravention thereof. A restrictiCommercial and Labour — Volume 9 · Source page ٨١١
  21. Principle 4123The wage on the basis of which payment in lieu of a worker’s leave is calculated. Its nature. What falls outside its meaning when calculating that payment.Commercial and Labour — Volume 9 · Source page ٨١١
  22. Principle 4124The worker’s right to receive his full wage for the period of annual leave he takes. - The burden of proving that the worker took his annual leave or received its cash equivalent upon termination of his employment rests Commercial and Labour — Volume 9 · Source page ٨١١
  23. Principle 4125The fixed basic wage received by the worker for the work he performs. It is the basis on which the cash equivalent of his leave is calculated. Example.Commercial and Labour — Volume 9 · Source page ٨١٢
  24. Principle 4126The condition for obliging the employer, upon termination of the employment contract, to compensate the worker for leave not taken throughout his service. The worker must not have received its cash equivalent during servCommercial and Labour — Volume 9 · Source page ٨١٢
  25. Principle 4127The challenged judgment’s ordering the appellant to pay the respondent the value of his leave balance, based on its admission in its memorandum submitted to the expert and its failure to submit evidence discharging its lCommercial and Labour — Volume 9 · Source page ٨١٢

  26. إجازة الحمل والوضع

    Principle 4128What is paid to the worker by the employer continuously and regularly as a matter of custom and on which the worker relies in arranging his living affairs. Must be regarded as an addition to the basic wage. - The remunerCommercial and Labour — Volume 9 · Source page ٨١٢
  27. Principle 4129The authority of the court of merits to interpret agreements and instruments. Its restrictions: the interpretation must not depart from what their wording permits or distort their true meaning. The worker's acknowledgmenCommercial and Labour — Volume 9 · Source page ٨١٢

  28. - مقابل تذاكر السفر

    Principle 4130A female worker taking pregnancy and childbirth leave. Its effect. Lapse of her right to annual leave. Article 26 of Law 38 of 1964 concerning Labour in the Private Sector. - Travel ticket allowance:Commercial and Labour — Volume 9 · Source page ٨١٢
  29. Principle 4131The criterion for the worker’s entitlement to payment in respect of travel tickets is that he be performing his work during the period claimed. The rationale thereof: this payment is linked to his taking his annual leaveCommercial and Labour — Volume 9 · Source page ٨١٢

  30. - المنحة الإضافية أو المكافأة

    Principle 4132The worker’s bearing the expenses of his return to his country. Its condition. - The appellant’s submission of his resignation without observing the notice period. Its implication. His termination of his employment contrCommercial and Labour — Volume 9 · Source page ٨١٣
  31. Principle 4134A grant. The prerequisite for considering it part of wages. Example concerning travel tickets whose provision did not pass from the sphere of donation into the sphere of obligation.Commercial and Labour — Volume 9 · Source page ٨١٣
  32. Principle 4135Annual grant. It is not included in calculating payment in lieu of leave or notice. The reason therefor.Commercial and Labour — Volume 9 · Source page ٨١٣
  33. Principle 4136The basic rule concerning a bonus is that it is a gratuity from the employer. He is not obliged to pay it unless he has undertaken to pay it or custom has established its grant.Commercial and Labour — Volume 9 · Source page ٨١٣
  34. Principle 4137A grant or bonus. In principle, it is a donation by the employer to the worker. It moves from the sphere of donation to that of obligation and becomes part of remuneration if payment is customary, there is a belief that Commercial and Labour — Volume 9 · Source page ٨١٣
  35. Principle 4138The worker's wage relied upon in calculating the end-of-service gratuity is the last wage received. Inclusion of the annual bonus therein. Contravention of this is an error. Example.Commercial and Labour — Volume 9 · Source page ٨١٣
  36. Principle 4139The bonus prescribed for the worker under the employment contract. And which is not linked to the profits achieved by the employer or to the extent of the worker’s efficiency or diligence is considered part of the workerCommercial and Labour — Volume 9 · Source page ٨١٣
  37. Principle 4140Linking the additional bonus to overtime pay and treating the bonus as the price of those additional hours. Not permissible. The rationale thereof. - The statutory assessment of overtime pay. A matter of public policy. -Commercial and Labour — Volume 9 · Source page ٨١٣
  38. Principle 4141Additional bonus and overtime pay. The scope, basis, and conditions of entitlement of each.Commercial and Labour — Volume 9 · Source page ٨١٤
  39. Principle 4143The grant given by an employer to his workers in addition to their agreed wages passing from the sphere of gratuity to that of obligation. Its condition. The employer’s habitual provision thereof and the worker’s belief Commercial and Labour — Volume 9 · Source page ٨١٤
  40. Principle 4144Counting bonuses and grants paid by wholly State-owned companies to their workers as part of their wages. Its condition: approval of the Civil Service Council. Article 38 of the Civil Service Law. - The provision in the Commercial and Labour — Volume 9 · Source page ٨١٤
  41. Principle 4145A grant or bonus. When it is considered part of the wage. Its being so considered. Its effect. It may not be reduced, nor may the obligation to pay it be renounced. Entitlement to it proportionately to the period the worCommercial and Labour — Volume 9 · Source page ٨١٤
  42. Principle 4146Grants and bonuses that the employer gives the worker in addition to his basic wage. The presumption is that they are gratuitous. This characterisation changes if the employer undertakes to pay them or a custom of grantiCommercial and Labour — Volume 9 · Source page ٨١٤
  43. Principle 4147Establishment of the worker's entitlement to a grant. Effect thereof. It is considered part of the wage. The employer may not evade the obligation to pay it.Commercial and Labour — Volume 9 · Source page
  44. Principle 4148Car allowance. When it is considered a component of wages. - Grants and bonuses awarded by the employer to the worker in addition to his basic wage. In principle, they are donations. This characterization changes if the Commercial and Labour — Volume 9 · Source page
  45. Principle 4149The company’s acknowledgment of the appellant’s entitlement to the additional grant amount, its substantiation by documents of his receipt thereof, and the appellant’s failure to dispute that. Challenging the contested jCommercial and Labour — Volume 9 · Source page
  46. Principle 4150The Civil Service Council's competence to issue interpretations binding on government entities regarding civil service legislation. Its scope. Legislation applicable to State employees. The respondent company not being aCommercial and Labour — Volume 9 · Source page
  47. Principle 4151Grants and bonuses awarded by the employer to the worker in addition to the basic wage. The general rule is that they are donations. This characterization changes if the employer undertakes to pay them or their award becCommercial and Labour — Volume 9 · Source page
  48. Principle 4152Incentive hooves are considered part of wages. Where the employer has undertaken to pay them in the employment contract or the establishment’s regulations, or where payment has become customary or there is a belief that Commercial and Labour — Volume 9 · Source page
  49. Principle 4153A grant, additional bonus, or special payment. When it is considered part of wages. Its being so considered. Effect thereof. It may not be reduced, nor may the obligation to pay it be evaded. Entitlement to it in full orCommercial and Labour — Volume 9 · Source page
  50. Principle 4154Kuwait Oil Company. Its workers may not combine the additional grant paid to them upon termination of service for the reasons set out in the regulations with the purchase of a notional period of service. The exception: iCommercial and Labour — Volume 9 · Source page
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