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. - مقابل ساعات العمل الاضافية وأيام الراحة الأسبوعية والإجازات الرسمية

    Principle 4217The employer’s obligation to grant the worker one day of weekly leave without pay and holiday leave with full pay does not prejudice a right to require the worker to work during leave if work requirements so necessitate.Commercial and Labour — Volume 9 · Source page ٨٢٥
  2. Principle 4218Overtime pay. Agreement to determine it in advance is permissible. On condition that it covers the worker’s entire overtime remuneration as prescribed by law. The judgment’s statement that the agreed remuneration exceedsCommercial and Labour — Volume 9 · Source page ٨٢٥
  3. Principle 4219The worker's working on weekly rest days. No requirement for a written order from the employer to that effect. Article 35, Law 38/65. The worker may prove this by all means of proof.Commercial and Labour — Volume 9 · Source page ٨٢٥
  4. Principle 4220Pay for overtime hours or work on weekly rest days or official holidays. Its determination by the legislature. - Advance agreement on determining additional pay in return for the worker working additional time exceeding Commercial and Labour — Volume 9 · Source page ٨٢٥
  5. Principle 4221The criterion for the worker’s entitlement to payment for working additional hours. That he be instructed to do so by the employer.Commercial and Labour — Volume 9 · Source page ٨٢٥
  6. Principle 4222Linking the additional bonus to pay for overtime hours and treating the bonus as consideration for those overtime hours. Is not permissible. Reason therefor. - The statutory assessment of pay for overtime hours. Its connCommercial and Labour — Volume 9 · Source page ٨٢٥
  7. Principle 4224The worker’s entitlement to overtime compensation on ordinary working days as well as weekly rest - 825 - Labour days and official holidays. A judgment contrary thereto is defective for violation of the law and error in Commercial and Labour — Volume 9 · Source page ٨٢٥
  8. Principle 4226The maximum working hours. The legislature’s purpose in specifying it, its limits, the special remuneration for it, and the requirement of a written assignment thereof. Absence of a written order. Its necessary consequenCommercial and Labour — Volume 9 · Source page ٨٢٦
  9. Principle 4227The worker’s right to prove that the employer assigned him to work overtime. Article 34 of Law 38/1964. The worker may prove this by all means of proof. - The judgment’s use of statements made by witnesses before the expCommercial and Labour — Volume 9 · Source page ٨٢٦
  10. Principle 4228The employer may employ the worker for overtime hours and on weekly rest days and official holidays in the cases and under the conditions set out in Articles 33, 35, 36 of Law 38 of 1964, in return for his obligation to Commercial and Labour — Volume 9 · Source page ٨٢٦
  11. Principle 4229Issuance of an assignment by the employer. Is not necessary for the worker to work on weekly rest days and official holidays. - The worker’s working overtime hours. Requires a written order from the employer.Commercial and Labour — Volume 9 · Source page ٨٢٦
  12. Principle 4232The weekly rest day for oil workers is at full pay. The effect of this. - 826 - LabourCommercial and Labour — Volume 9 · Source page ٨٢٦
  13. Principle 4233The employer may require the worker to work overtime hours and on weekly rest days and official holidays. The prerequisite for the worker’s entitlement to pay for that.Commercial and Labour — Volume 9 · Source page ٨٢٧
  14. Principle 4235The burden of proving that the worker took his leave and received payment for the leave to which he is entitled. It rests upon the employer.Commercial and Labour — Volume 9 · Source page ٨٢٧
  15. Principle 4236The employer's right to have the worker work on rest days and holidays. Its effect. Articles 35, 36 of the Labour Law in the Private Sector.Commercial and Labour — Volume 9 · Source page ٨٢٧
  16. Principle 4237The binding effect of a judgment. It attaches to what the court has decided expressly or implicitly, whether in the operative part or the reasons connected therewith. Matters not actually considered by the court. They caCommercial and Labour — Volume 9 · Source page ٨٢٧
  17. Principle 4238Oil workers. Permissibility of employing them for 48 hours during the weekly shift period. The condition thereof. Granting them payment for hours actually worked out of the eight additional hours. Articles 5, 10 of Law NCommercial and Labour — Volume 9 · Source page ٨٢٧
  18. Principle 4239Workers in the oil operations sector. The working hours for which a worker is entitled to overtime pay. What is meant by them. Hours exceeding the ordinary hours assigned to him in his original work. Its condition. ProofCommercial and Labour — Volume 9 · Source page ٨٢٧
  19. Principle 4240The worker's non-periodic or non-recurring rights. Not subject to five-year limitation. - 827 - Labour - The worker's pay for working overtime or on weekly rest days and official holidays. Not considered recurring periodCommercial and Labour — Volume 9 · Source page ٨٢٧
  20. Principle 4241Entitlement to wages for overtime hours, weekly rest days and official holidays. Its criterion. An example concerning the employer’s discharge from liability for those wages.Commercial and Labour — Volume 9 · Source page ٨٢٨
  21. Principle 4242The criterion for entitlement to overtime pay. That the overtime work was instructed in writing by the employer. The absence of such instruction and the worker’s performing the work on his own initiative. He is not entitCommercial and Labour — Volume 9 · Source page ٨٢٨
  22. Principle 4243Entitlement to pay for overtime hours and work on weekly rest days and official holidays. Its criterion: the absence of a prior agreement between the employer and the worker to work overtime hours during the days referreCommercial and Labour — Volume 9 · Source page ٨٢٨
  23. Principle 4244The worker’s entitlement to pay for overtime hours and weekly rest days, whatever the nature of the work he performs, whether as a superior or subordinate. Articles 34, 35 of the Labour Law in the Private Sector.Commercial and Labour — Volume 9 · Source page ٨٢٨
  24. Principle 4245Work assignment decisions stipulating that they do not apply on official holidays, and the appellant’s failure to prove that he worked during those days. Their implication. Absence of his right to claim pay for work on tCommercial and Labour — Volume 9 · Source page ٨٢٨
  25. Principle 4246The employer may require the worker to work additional hours in the cases and on the conditions set out in Article 34 of Law 38 of 1964, in return for its obligation to pay a wage for each additional hour equivalent to tCommercial and Labour — Volume 9 · Source page ٨٢٨
  26. Principle 4247Oil operations have a special character requiring their continuation for a full twenty-four hours. Working hours, including overtime hours, may not exceed forty-eight hours in a single week. The condition for this. The wCommercial and Labour — Volume 9 · Source page ٨٢٨
  27. Principle 4248Entitlement to overtime pay. Its criterion: the employer must have instructed the worker to perform it. The absence of such instruction. Its effect. - The challenged judgment basing its decision rejecting the appellant’sCommercial and Labour — Volume 9 · Source page ٨٢٩

  28. - المعاش

    Principle 4251The worker's right to a pension from the Social Insurance Institution. Its source is the law. The Institution is bound by it even if the employer has not registered the worker or paid the contributions. - Insurance with Commercial and Labour — Volume 9 · Source page ٨٣٠

  29. - الحق في الإجازة السنوية

    Principle 4252Awarding a pension to the heirs does not preclude their claiming full compensation for the harmful act. The reason for this. - The right to annual leave:-Commercial and Labour — Volume 9 · Source page ٨٣٠
  30. Principle 4253The worker’s right to annual leave relates to public policy. Waiver thereof is impermissible. The employer must grant it to him even if he does not request it, or compensate him for the portion he has not taken. The burdCommercial and Labour — Volume 9 · Source page ٨٣٠
  31. Principle 4254The 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. The reason therefor.Commercial and Labour — Volume 9 · Source page ٨٣٠
  32. Principle 4255The worker’s right to annual leave relates to public order. The employer’s infringement of this right. Entitles the worker to terminate employment before expiry of its term, with entitlement to an end-of-service gratuityCommercial and Labour — Volume 9 · Source page ٨٣٠
  33. Principle 4256The worker’s annual leave is independent of other leave. The worker’s taking unpaid leave does not deprive him of his annual leave.Commercial and Labour — Volume 9 · Source page ٨٣٠
  34. Principle 4259A female worker taking maternity leave does not forfeit her right to annual leave. - 830 - LaborCommercial and Labour — Volume 9 · Source page ٨٣٠
  35. Principle 4260The worker's right to leave. Its relation to public policy. Its effect. The worker must be compensated for leave not taken throughout his period of employment.Commercial and Labour — Volume 9 · Source page ٨٣١
  36. Principle 4261The worker’s entitlement to annual leave is conditional upon his continuous service with the employer for a full year.Commercial and Labour — Volume 9 · Source page ٨٣١
  37. Principle 4262The worker’s right to annual leave. Its connection with public policy. Its effect. It may not be waived expressly or implicitly, and the employer is obliged to grant it to him with payment of his wage for it. ContraventiCommercial and Labour — Volume 9 · Source page ٨٣١
  38. Principle 4263Determination of the timing of the worker's annual leave falls within the employer's authority, not the worker's. - The worker's absence without legitimate cause for more than seven consecutive days. Effect thereof. The Commercial and Labour — Volume 9 · Source page ٨٣١
  39. Principle 4264The worker’s right to annual leave concerns public policy. His waiver of it, expressly or implicitly. Impermissible. The employer’s obligation to grant him that leave even if he does not request it. The employer’s breachCommercial and Labour — Volume 9 · Source page ٨٣١
  40. Principle 4266Annual leave in private sector employment. Fourteen days for each of the first four years from commencement of work, increased to twenty-one days after completion of the fifth year. The worker’s salary or the method of dCommercial and Labour — Volume 9 · Source page ٨٣١
  41. Principle 4267The employer has the right to determine the timing of the worker's annual leave. Its implication. The worker must obtain - 831 - Labour the employer's approval before going on leave, and that approval must be clear and eCommercial and Labour — Volume 9 · Source page ٨٣١
  42. Principle 4268The worker’s right to annual leave. Its connection with public policy. Its effect. It may not be waived expressly or implicitly, and the employer is obliged to grant it to the worker with payment of wages for it. ContravCommercial and Labour — Volume 9 · Source page ٨٣٢
  43. Principle 4269The worker’s taking annual leave or receiving its cash equivalent where it is unused upon termination of employment. The burden of proving it falls on the employer. - Weekly holiday:-Commercial and Labour — Volume 9 · Source page
  44. Principle 4270The unpaid weekly holiday is only one day per week. All other days. Paid days, whether the work actually worked on them or did not work. The basis thereof. - Overtime remuneration:-Commercial and Labour — Volume 9 · Source page
  45. Principle 4271Oil workers. They may be employed for 48 hours during the weekly shift period. The condition therefor. Granting them remuneration for the hours actually worked out of the 8 additional hours. Articles 5 and 10 of Law 28 oCommercial and Labour — Volume 9 · Source page
  46. Principle 4272The worker’s acceptance of work under regulations providing that holders of supervisory positions are not entitled to claim overtime wages. Its effect. The regulations are deemed supplementary to the employment contract.Commercial and Labour — Volume 9 · Source page
  47. Principle 4275The employer. His obligation to pay the injured worker’s full wage throughout the period of treatment determined by the physician. That period exceeding six months. His obligation to pay only half the wage until full recCommercial and Labour — Volume 9 · Source page
  48. Principle 4276Determination of sick-leave periods by an express provision in the Labour Law in the Oil Business Sector and of the pay due for each period, without requiring these periods to be consecutive. The worker taking sick leaveCommercial and Labour — Volume 9 · Source page
  49. Principle 4277A car provided to the worker for travel required in performing the work, and not for his personal use. It is not considered a benefit granted to him in return for performing the work. Adding its equivalent value to wagesCommercial and Labour — Volume 9 · Source page
  50. Principle 4278A vehicle, if not provided to the worker for his personal use but rather for travel required by the performance of work. It is not considered a benefit, and its equivalent value is therefore not added to wages when calcuCommercial and Labour — Volume 9 · Source page
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