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

Search this collection

  1. - المنحة الإضافية أو المكافأة

    Principle 4155A grant or bonus. It is considered part of wages if the employer undertakes to pay it in the employment contract, a subsequent agreement, the work regulations or pursuant to custom. The condition for this: habitual awardCommercial and Labour — Volume 9 · Source page ٨١٥
  2. Principle 4156Assessing the work of experts, weighing them against one another, adopting an opinion, and discarding the rest. Within the authority of the court of fact. It is not obliged to respond to challenges directed at the reportCommercial and Labour — Volume 9 · Source page ٨١٦
  3. Principle 4157A grant is considered a form of wage, whether the source of the obligation to provide it is agreement, the statutes, or established custom of granting it. - A grant where the source of the obligation to provide it is cusCommercial and Labour — Volume 9 · Source page ٨١٦
  4. Principle 4158A grant or bonus. The criterion for considering them part of wages. An example concerning not treating the bonus as a reward or grant because the two conditions of continuity and regularity are not satisfied.Commercial and Labour — Volume 9 · Source page ٨١٦

  5. - بدل الإنتقال

    Principle 4163The transport allowance paid to the worker to cover travel expenses necessary for work is not regarded as wages and is not included in payment for accrued leave. Commission, although part of wages, nevertheless. Is not iCommercial and Labour — Volume 9 · Source page ٨١٧
  6. Principle 4164The transport allowance is not included in the calculation of the worker the worker’s wage on the basis of which his entitlements are calculated. The reason therefor.Commercial and Labour — Volume 9 · Source page ٨١٧
  7. Principle 4165The wage relied upon when calculating the worker’s entitlement to an end-of-service gratuity is the last wage he received, including what is given to the worker in consideration of the work he performs whenever it has beCommercial and Labour — Volume 9 · Source page ٨١٧
  8. Principle 4167Payment in lieu of the notice period and any car allowance to which the worker may be entitled. Fall outside the meaning of supplements to the full wage.Commercial and Labour — Volume 9 · Source page ٨١٨

  9. - العلاوة

    Principle 4169A merit increase to which the worker’s entitlement is conditional upon obtaining a specified performance rating is not a periodic increment. The worker’s failure to obtain that rating means the worker is not entitled to Commercial and Labour — Volume 9 · Source page ٨١٨

  10. - أجر العامل خلال مدة وقفه

    Principle 4172The Labour Law for the Oil Business Sector’s lack of regulation of a particular matter. Its effect. The provisions of the Labour Law for the Private Sector must be applied to it. Article 2 of Law 28 of 1969 concerning LaCommercial and Labour — Volume 9 · Source page ٨١٨
  11. Principle 4173The suspended worker’s entitlement to wages during his suspension. Contingent upon proof that the accusation against him was contrived in the employer or his responsible agent.Commercial and Labour — Volume 9 · Source page ٨١٩

  12. - علاوة غلاء المعيشة والعلاوة الاجتماعية

    Principle 4174Precautionary suspension which the owner may impose upon the worker. Its nature and its effect on wages during the suspension period. Example. - Cost-of-living allowance and social allowance:-Commercial and Labour — Volume 9 · Source page ٨١٩
  13. Principle 4175A widow employed by Kuwait Oil Company is entitled to a cost-of-living allowance immediately upon her husband’s death. Her entitlement to the family allowance. Not conditional upon her being the provider for her childrenCommercial and Labour — Volume 9 · Source page ٨١٩
  14. Principle 4176A female employee of Kuwait Oil Company whose husband dies. She is not entitled to payment of the social allowance prescribed for the married category. The judgment’s departure from this. An error in applying the law reqCommercial and Labour — Volume 9 · Source page ٨١٩
  15. Principle 4177The government's obligation to pay a social allowance and a children's allowance to persons engaged in professions and trades and those working in all entities. The Council of Ministers issues the decisions regulating thCommercial and Labour — Volume 9 · Source page ٨١٩

  16. - مقابل السكن المجاني

    Principle 4180The wage on the basis of which cash compensation for annual leave is calculated. It is the wage to which the worker would have been entitled had he actually taken the leave. Amounts treated as wages are not included therCommercial and Labour — Volume 9 · Source page ٨٢٠
  17. Principle 4181The worker's wage. What is included in it. It includes the value of free accommodation for the worker other than in cases where work requirements necessitated its provision, and the value of the use of a car whenever it Commercial and Labour — Volume 9 · Source page ٨٢٠
  18. Principle 4182Approval of the Personnel Bureau. A condition for employing personnel with skills needed by the country and allocating government housing to them. Such approval is not required in relation to entitlement to housing or itCommercial and Labour — Volume 9 · Source page ٨٢٠
  19. Principle 4184The worker’s leaving work before the end of the contract term for a reason attributable to the employer’s breach of the provisions of the law or the contract does not negate the worker’s right to receive the end-of-serviCommercial and Labour — Volume 9 · Source page ٨٢١

  20. - مقابل ساعات العمل الاضافية وأيام الراحة الأسبوعية والإجازات الرسمية

    Principle 4186Weekly rest. The worker is not entitled to wages for it. Its effect. It is not included in wages for the period. Rest days falling within the days of calculation must be excluded when determining the worker's daily wage.Commercial and Labour — Volume 9 · Source page ٨٢١
  21. Principle 4187Compensation for working overtime or on weekly rest days or official holidays. Absence of the written order stipulated in Article 34 of the Private Sector Labour Law. The worker may prove that the employer instructed himCommercial and Labour — Volume 9 · Source page ٨٢١
  22. Principle 4188The worker’s undertaking an additional operation separate from his original contracted work. Permissible. The special remuneration he receives takes the form of commission.Commercial and Labour — Volume 9 · Source page ٨٢١
  23. Principle 4189Agreement in advance determining the additional pay received by the worker in return for working time exceeding the prescribed maximum working hours. Permissible. The condition for this.Commercial and Labour — Volume 9 · Source page ٨٢١
  24. Principle 4190An individual employment contract or collective employment contracts. Invalidity of every clause contrary to the provisions of Law No. 38 of 1964, even if preceding its implementation, unless the clause is more beneficiaCommercial and Labour — Volume 9 · Source page ٨٢١
  25. Principle 4191The judgment's basing its ruling that the worker is not entitled to payment for overtime hours on three grounds. The sufficiency of two of them to support the judgment's ruling. Challenging it as to the third. IneffectuaCommercial and Labour — Volume 9 · Source page ٨٢٢
  26. Principle 4192The employer assigning the worker overtime work. It may be proved by all means of proof. The worker’s failure to insist on referring the action for evidentiary investigation to prove it. The court’s failure to take this Commercial and Labour — Volume 9 · Source page ٨٢٢
  27. Principle 4193Commission as an integral part of wages. The scope within which it is payable differs from the scope within which overtime pay is due. Agreement that the worker’s wages be divided between a specified amount and a percentCommercial and Labour — Volume 9 · Source page ٨٢٢
  28. Principle 4194The agreement between the worker and the employer. The reference for calculating wages. The necessity of observing special laws. - Wages. The enumeration intended by the legislature in specifying what constitutes wages iCommercial and Labour — Volume 9 · Source page ٨٢٢
  29. Principle 4195Advance agreement on the additional wage received by the worker on Fridays and official holidays. Permissible. The condition for this.Commercial and Labour — Volume 9 · Source page ٨٢٢
  30. Principle 4196The maximum working hours are eight hours daily. Hotel, restaurant, guard and hospital work is excepted from the rules regulating work owing to its special nature. Article 33, Law 38 of 1964 concerning labour in the privCommercial and Labour — Volume 9 · Source page ٨٢٢
  31. Principle 4197Assessment of evidence and presumptions. Within the authority of the trial judge. Example concerning proof of overtime work. - 822 - LabourCommercial and Labour — Volume 9 · Source page ٨٢٢
  32. Principle 4198Employing the worker for overtime and on weekly rest days. A permission granted to the employer in the cases and subject to the conditions prescribed by law, in return for the obligation to pay special remuneration. The Commercial and Labour — Volume 9 · Source page ٨٢٣
  33. Principle 4199The court’s satisfaction with the expert’s conclusion that the worker did not work overtime. Its subsequent disregard of the tendering of the decisive oath. Does not vitiate the judgment. Rationale therefor.Commercial and Labour — Volume 9 · Source page ٨٢٣
  34. Principle 4200Determining in advance the overtime pay received by the worker. Permissible. The condition for this.Commercial and Labour — Volume 9 · Source page ٨٢٣
  35. Principle 4201What the worker is entitled to as payment for overtime work or official holidays and rest days. How it is assessed.Commercial and Labour — Volume 9 · Source page ٨٢٣
  36. Principle 4202Specifying the additional pay received by a worker for working on Fridays and official holidays. Permissible. The condition therefor.Commercial and Labour — Volume 9 · Source page ٨٢٣
  37. Principle 4203Weekly rest days. The worker is entitled to wages for them whether or not the worker works on them. The judgment’s reaching this conclusion. Correct.Commercial and Labour — Volume 9 · Source page ٨٢٣
  38. Principle 4204Granting the worker paid leave in the exhaustively specified cases. It does not rise to the level of an obligatory right. Assigning the worker to work during such leave. A permission granted to the employer where the intCommercial and Labour — Volume 9 · Source page ٨٢٣
  39. Principle 4205The worker’s right to annual leave. Its connection with public order. It may not be waived expressly or implicitly. The employer’s obligation to grant it to him even if he does not request it. His breach of this obligatiCommercial and Labour — Volume 9 · Source page ٨٢٣
  40. Principle 4206The worker’s right to full remuneration for the period of leave to which he is entitled. One of the mandatory provisions of legislation. Payment may not be evaded on the pretext that the law did not include it among the Commercial and Labour — Volume 9 · Source page ٨٢٤
  41. Principle 4207Wage supplements. Their inclusion in the full wage prescribed by law for the worker. Assessment of wages for the period of leave not granted to the worker. Excluded from its meaning is what previously the worker is entitCommercial and Labour — Volume 9 · Source page ٨٢٤
  42. Principle 4208The worker's entitlement to pay for overtime hours and rest days or holidays, even if he holds a managerial or supervisory position. Basis thereof. Establishment of minimum conditions to protect workers. Advance agreemenCommercial and Labour — Volume 9 · Source page ٨٢٤
  43. Principle 4209The worker’s entitlement to payment for overtime hours, weekly rest days or official holidays, whatever the work he performs or the position he holds.Commercial and Labour — Volume 9 · Source page
  44. Principle 4210The employment contract not stipulating that the salary includes overtime work. Its import. The worker’s right to claim remuneration for overtime work, provided this does not exceed two additional hours daily. Article 34Commercial and Labour — Volume 9 · Source page
  45. Principle 4211Contending for the first time before the Court of Cassation that the worker worked on Fridays and holidays voluntarily and without assignment by the employer. An inadmissible ground of challenge.Commercial and Labour — Volume 9 · Source page
  46. Principle 4212Employing the worker for overtime and on weekly rest days and official holidays is a permission afforded to the employer in return for his obligation to pay special wages so that the worker is not entitled to these speciCommercial and Labour — Volume 9 · Source page
  47. Principle 4213The worker's wage on the basis of which remuneration for overtime hours is calculated. The ordinary wage with 25% added to it, without further increase.Commercial and Labour — Volume 9 · Source page
  48. Principle 4214Overtime compensation. Weekly rest days. - 824 - LabourCommercial and Labour — Volume 9 · Source page
  49. Principle 4215The employer’s assignment of overtime work to the worker. Proof by all means of proof is permissible.Commercial and Labour — Volume 9 · Source page
  50. Principle 4216Employing the worker for overtime and on weekly rest days. A permission granted to the employer. Its conditions and his obligation to pay remuneration therefor. Article 34, Article 35 of Law 38/1964. A worker working witCommercial and Labour — Volume 9 · Source page
PreviousPage 69 of 82Next