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. - السيارة

    Principle 4279What is included in calculating wages. Adding the allowance for the car allocated to the worker to the worker's monetary wage when calculating employment entitlements is correct. So long as use of the car was not confineCommercial and Labour — Volume 9 · Source page ٨٣٤
  2. Principle 4280Everything paid to the worker by the employer regularly and continuously until it acquires a habitual character and is relied upon by the worker. Is considered an addition to the basic wage and is treated in the same manCommercial and Labour — Volume 9 · Source page ٨٣٤
  3. Principle 4281When a car provided to the worker constitutes a benefit having the character of wages and is regarded as part thereof when calculating the worker’s employment entitlements.Commercial and Labour — Volume 9 · Source page ٨٣٤
  4. Principle 4282The worker’s wages. What is included therein. They include the value of free housing for the worker except where work requirements necessitated its provision, and the value of the use of a car where it was given to him fCommercial and Labour — Volume 9 · Source page ٨٣٤
  5. Principle 4283Car or transport allowance is not included in calculating the worker's wage. The reason for this. Its definition. It is reimbursement of expenses incurred by the worker in performing the work. It is not added to wages whCommercial and Labour — Volume 9 · Source page ٨٣٤
  6. Principle 4286Wages are assets entering the worker’s patrimony—of whatever kind—in return for performing the work constituting the subject matter of the contract. - What the employer provides to the worker for work purposes, such as aCommercial and Labour — Volume 9 · Source page ٨٣٤

  7. - تجنيد العامل وأثره

    Principle 4287The parties to an employment contract may agree to reduce the worker’s wage, whether by amending an existing contract or concluding another contract. Its implication. The employer is bound by that wage. The multiplicity Commercial and Labour — Volume 9 · Source page ٨٣٥
  8. Principle 4288Permissibility of the employers of conscripts or reservists bearing all or part of their salaries. The basis and rationale thereof. The meaning of employer in this regard.Commercial and Labour — Volume 9 · Source page ٨٣٥

  9. - الترقية

    Principle 4291Promotion is not an acquired right of the worker, even if he meets all the nomination conditions, whenever the company's internal regulations and the promotion system in force therein do not oblige it to grant it, and asCommercial and Labour — Volume 9 · Source page ٨٣٥
  10. Principle 4292A worker’s claim to entitlement to grades and promotions of which he was deprived. A claim of unassessed value. The judgment - 835 - Labour in the action is regarded as exceeding the final-instance monetary threshold of Commercial and Labour — Volume 9 · Source page ٨٣٥
  11. Principle 4293Promotion of the worker. Its condition. Fulfilment of the criteria and conditions for promotions set out in the employer’s regulations. There is no scope for applying the rule of equality where they are not fulfilled. ExCommercial and Labour — Volume 9 · Source page ٨٣٦
  12. Principle 4294Withdrawal of the decision terminating the respondent’s service and treating it as never having existed. Its implication: the employment relationship is deemed subsisting with all its effects except the employee’s right Commercial and Labour — Volume 9 · Source page ٨٣٦
  13. Principle 4295The employing entity establishing regulations containing a promotion system based on the principle of equal opportunity and employment fairness. Its not being obliged to promote an employee even if all promotion conditioCommercial and Labour — Volume 9 · Source page ٨٣٦
  14. Principle 4296Promotion is not a vested right of the worker, even if all the qualifications for occupying the higher position are satisfied. A right for the company to exercise according to work requirements, provided its decision is Commercial and Labour — Volume 9 · Source page ٨٣٦
  15. Principle 4297Promotion of the worker. There is no scope for it unless specified conditions are satisfied and in accordance with the criteria contained in the promotion system prescribed by the Promotion System Regulations of the compCommercial and Labour — Volume 9 · Source page ٨٣٦

  16. - مكافأة نهاية الخدمة

    Principle 4300End-of-service gratuity. The worker is entitled to it however short his period of service, even if it is less than a year. Article 54 of the Private Sector Labour Law.Commercial and Labour — Volume 9 · Source page ٨٣٧
  17. Principle 4301End-of-service gratuity. A month must be treated as thirty days when calculating it for workers in the oil operations sector. The reason therefor.Commercial and Labour — Volume 9 · Source page ٨٣٧
  18. Principle 4302End-of-service gratuity. The basis for its calculation. The conditions for entitlement thereto set out in the Labour Law. The employer may not unilaterally cancel or amend it. The basis for this is Article 54 of Law 38/1Commercial and Labour — Volume 9 · Source page ٨٣٧
  19. Principle 4303End-of-service gratuity after the first five years. Its calculation differs from that for the first period, and its calculation also differs for daily-paid workers. The basis thereof.Commercial and Labour — Volume 9 · Source page ٨٣٧
  20. Principle 4304End-of-service gratuity. The basis for its calculation. The conditions of entitlement thereto set out in the Labour Law. They do not prejudice any privileges established for the worker under a contract and regulations.Commercial and Labour — Volume 9 · Source page ٨٣٧
  21. Principle 4305The benefits to which the employer has committed are added to remuneration, form part of it, and are included in the remuneration basis for the end-of-service gratuity. The basis for thisCommercial and Labour — Volume 9 · Source page ٨٣٧
  22. Principle 4307End-of-service gratuity. Its calculation on the basis of years of service. The prerequisite is continuity of service without interruption or a time interval, regardless of its source.Commercial and Labour — Volume 9 · Source page ٨٣٨
  23. Principle 4308The original employment contract. Its termination upon the cessation of the establishment or transfer of its ownership, unless the worker continues in the predecessor’s service while retaining his end-of-service gratuityCommercial and Labour — Volume 9 · Source page ٨٣٨
  24. Principle 4309End-of-service gratuity. The worker may claim it against the former and current employers together or either of them. His claim against the current employer. The complaint that the judgment disregarded his defence relatiCommercial and Labour — Volume 9 · Source page ٨٣٨
  25. Principle 4311The employer’s right to terminate the contract and dismiss the worker while depriving him of the end-of-service gratuity. Article 55, Law 38/1964. The generality of the provision and its inclusion of fixed-term and indefCommercial and Labour — Volume 9 · Source page ٨٣٨
  26. Principle 4312The employer’s obligation in old-age, disability, sickness, and death insurance. Its scope.Commercial and Labour — Volume 9 · Source page ٨٣٨
  27. Principle 4314The worker’s termination of an employment contract not attributable to the employer does not extinguish his right to an end-of-service gratuity and compensation for any harm he may have suffered as a result.Commercial and Labour — Volume 9 · Source page ٨٣٨
  28. Principle 4316The authority of the court of merits to interpret agreements and instruments. Conditional upon not departing from what the wording of the instrument can bear or distorting its true meaning. Example of erroneous interpretCommercial and Labour — Volume 9 · Source page ٨٣٩
  29. Principle 4317When a worker’s end-of-service gratuity is payable in excess of that prescribed by law.Commercial and Labour — Volume 9 · Source page ٨٣٩
  30. Principle 4318The wage on the basis of which the worker's end-of-service gratuity is determined. Its nature. Its components.Commercial and Labour — Volume 9 · Source page ٨٣٩
  31. Principle 4319End-of-service gratuity. How it is calculated. An action claiming it is among the actions whose value can be assessed. The reason therefor.Commercial and Labour — Volume 9 · Source page ٨٣٩
  32. Principle 4320The worker’s right to an end-of-service gratuity exceeding that prescribed by law. - The remuneration on the basis of which the end-of-service gratuity is calculated. When it is calculated on the basis of the basic wage Commercial and Labour — Volume 9 · Source page ٨٣٩
  33. Principle 4321The worker's right to terminate the employment contract while retaining entitlement to the end-of-service gratuity. Its condition. The employer's breach of his obligations. Determining the existence or absence of that brCommercial and Labour — Volume 9 · Source page ٨٣٩
  34. Principle 4322End-of-service gratuity. An independent right whose conditions of entitlement are regulated by law. Its distinction from bonuses and grants paid by the employer to the worker in addition to his basic wage.Commercial and Labour — Volume 9 · Source page ٨٣٩
  35. Principle 4323Establishing a right or benefit for the worker under the work regulations. Modification thereof in calculating the end-of-service gratuity, even if they contravene the provisions of the Labour Law, so long as they are moCommercial and Labour — Volume 9 · Source page ٨٣٩
  36. Principle 4324End-of-service gratuity. Entitlement thereto and the basis of its calculation: the period of work regardless of its source.Commercial and Labour — Volume 9 · Source page ٨٣٩
  37. Principle 4325Insurance for Kuwaitis in the private or oil sector. Compulsory. The retirement pension prescribed under it is in consideration of the end-of-service gratuity that employers are obliged to pay. How this gratuity is calcuCommercial and Labour — Volume 9 · Source page ٨٣٩
  38. Principle 4329Termination of the employment contract upon the cessation of the establishment or transfer of its ownership to a person other than the employer. Its effect. The worker may continue in the service of the successor withoutCommercial and Labour — Volume 9 · Source page ٨٤٠
  39. Principle 4330The wage relied upon when calculating the end-of-service gratuity due to the worker. It is the last wage he received, including everything given to him in consideration of the work he performs in implementation of the emCommercial and Labour — Volume 9 · Source page ٨٤٠
  40. Principle 4331A private-sector worker is not entitled to an end-of-service gratuity where he leaves work entirely of his own choice and his service has not exceeded five consecutive years. The basis thereof. Example.Commercial and Labour — Volume 9 · Source page ٨٤٠
  41. Principle 4332The employment contract ends upon the cessation of the establishment or transfer of its ownership by inheritance or other legal dispositions. Consequence thereof: the worker’s right to claim his employment entitlements, Commercial and Labour — Volume 9 · Source page ٨٤٠
  42. Principle 4333Depriving the worker of half the end-of-service gratuity if his service exceeds five years is conditional upon his leaving employment of his own free will, without any conduct by the employer towards him compelling him tCommercial and Labour — Volume 9 · Source page ٨٤٠
  43. Principle 4334The worker's lack of entitlement to an end-of-service gratuity. When this occurs. Example. - 840 - LabourCommercial and Labour — Volume 9 · Source page
  44. Principle 4335The wage on the basis of which the end-of-service gratuity is calculated under the Labour Law. Its nature. - The maximum salary under the Social Insurance Law. Its amount and the reason for setting it.Commercial and Labour — Volume 9 · Source page
  45. Principle 4336The wage relied upon when calculating the end-of-service gratuity due to the worker is the last wage he received, including everything given to the worker in return for the work he performs whenever it has become habituaCommercial and Labour — Volume 9 · Source page
  46. Principle 4337The wage relied upon in calculating the end-of-service gratuity at the rates set out in Article 54 of the Labour Law in the Private Sector, which is taken as the basis for calculating the more favourable benefit, is the Commercial and Labour — Volume 9 · Source page
  47. Principle 4338The worker is not deprived of the end-of-service gratuity unless dismissed for one of the reasons set out in Article 55 of Law No. 38 of 1964 concerning labour in the private sector. - The worker may terminate the contraCommercial and Labour — Volume 9 · Source page
  48. Principle 4340A worker in the private sector. The manner in which his end-of-service gratuity is calculated. Example.Commercial and Labour — Volume 9 · Source page
  49. Principle 4341The two cases in which the worker is not entitled to an end-of-service gratuity. Their nature. The employer’s agreement to accept the worker’s resignation does not preclude regarding the worker as having left work of theCommercial and Labour — Volume 9 · Source page
  50. Principle 4342The employer’s breach of his obligations stipulated in the employment contract or the law. Its effect. The worker has the right to terminate his contract while retaining entitlement to the end-of-service gratuity. DetermCommercial and Labour — Volume 9 · Source page
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