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. - التعويض عن الأضرار الناجمة عن فسخ عقد العمل محدد المدة

    Principle 4424Rescission of a fixed-term employment contract. The employer’s obligation to compensate the worker if there is no clause in the contract. Compensation encompasses all damage sustained by him. The condition thereof. The aCommercial and Labour — Volume 9 · Source page ٨٥٨
  2. Principle 4426A fixed-term employment contract. Its termination by the employer before expiry of its term. The reasonable period of the worker’s unemployment and the extent of moral damage must be taken into account when awarding compCommercial and Labour — Volume 9 · Source page ٨٥٩
  3. Principle 4427Transferring the worker from his work to other work that does not differ substantially. Within the employer’s authority in accordance with the requirements of the interests of the work, as he is responsible for organisinCommercial and Labour — Volume 9 · Source page ٨٥٩
  4. Principle 4428The worker's absence without a legitimate reason for more than seven consecutive days. Permissibility of dismissal without notice or gratuity. Article 55.Commercial and Labour — Volume 9 · Source page ٨٥٩
  5. Principle 4429Dismissal of the worker without notice and without an end-of-service gratuity. Its cases. Article 55 of Law 14 of 1964 concerning labor in the private sector. An example of justified dismissal.Commercial and Labour — Volume 9 · Source page ٨٥٩
  6. Principle 4430The employment contract’s inclusion of the right of each party to terminate it unilaterally without compensation. Not awarding compensation for the remaining contract term. No error.Commercial and Labour — Volume 9 · Source page ٨٥٩
  7. Principle 4431The parties’ agreement in the employment contract that each has the right, after the expiry of the one-year period, not to continue it upon three months’ notice. The company’s obligation is confined to the notice period Commercial and Labour — Volume 9 · Source page ٨٥٩
  8. Principle 4433A fixed-term employment contract. Its rescission by the employer. His obligation to compensate the worker for all damage sustained as a result of rescission. What affects the determination of damage. Limits of compensatiCommercial and Labour — Volume 9 · Source page ٨٥٩
  9. Principle 4434Assessment of compensation for termination of a fixed-term employment contract in proportion to the extent of the damage sustained by the worker. Within the exclusive discretion of the trial court. The condition for thisCommercial and Labour — Volume 9 · Source page ٨٦٠
  10. Principle 4435The probationary period shall not exceed one hundred days and must be stipulated in the employment contract. Its absence from the contract. Its effect.Commercial and Labour — Volume 9 · Source page ٨٦٠
  11. Principle 4437Dismissal of a worker without notice or gratuity. Assessment of its justification. Within the exclusive authority of the trial judge, without review so long as his assessment is reasonable. Example of the worker’s non-brCommercial and Labour — Volume 9 · Source page ٨٦٠
  12. Principle 4438The employer’s termination of the worker’s contract without justification. Requires that he be ordered to pay compensation. Assessment of compensation. Within the trial court’s authority, provided that it does not exceedCommercial and Labour — Volume 9 · Source page ٨٦٠
  13. Principle 4439The worker’s leaving his work before the end of the contract term because of the employer’s breach of the law or the contract. It does not negate the worker’s right to obtain compensation for the damage he sustained as aCommercial and Labour — Volume 9 · Source page ٨٦٠
  14. Principle 4440Justification for the worker’s dismissal for any of the reasons set out in Article 55 of the Labour Law. Its assessment. A matter exclusively for the trial judge.Commercial and Labour — Volume 9 · Source page ٨٦٠
  15. Principle 4441The absence from the employment contract of a provision for compensation for the remainder of the contractual term does not preclude awarding compensation for arbitrary dismissal.Commercial and Labour — Volume 9 · Source page ٨٦٠
  16. Principle 4442Assessing whether it is established or negated that the worker left his employment 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. IndeCommercial and Labour — Volume 9 · Source page ٨٦٠
  17. Principle 4443Rescission of an indefinite-term employment contract without observing the specified notice period. Its effect. The obligation of its two parties to pay compensation in lieu of notice. Compensation for rescission of an eCommercial and Labour — Volume 9 · Source page ٨٦١
  18. Principle 4444Assessment of whether it is established or disproved that the worker left his work before the end of the contract term or without notice for a reason attributable to the employer. A matter of fact.Commercial and Labour — Volume 9 · Source page ٨٦١
  19. Principle 4445Rescission of the contract by the employer for reasons other than those prescribed in Article 55 of the Labour Law. Its effect. His obligation to pay compensation. Limits of compensation. - The worker’s breach of, or faiCommercial and Labour — Volume 9 · Source page ٨٦١
  20. Principle 4446Fixed-term employment contract. Its termination by the employer. His obligation to compensate the worker for all damage sustained as a result of the termination. The compensation rules under Article 53 of the Labour Law.Commercial and Labour — Volume 9 · Source page ٨٦١
  21. Principle 4447Agreement in the employment contract on the compensation due to the worker if the employer cancels the contract before its term expires. Its import. Its effect.Commercial and Labour — Volume 9 · Source page ٨٦١
  22. Principle 4448The legislature’s declaration in Article 53 of the Labour Law that the obligation of either party to an employment contract in the event of termination of an indefinite-term contract does not exceed pay in lieu of noticeCommercial and Labour — Volume 9 · Source page ٨٦١
  23. Principle 4450The employer’s obligation to compensate the worker for damage resulting from rescission of a fixed-term contract where rescission is by the employer. Assessment of compensation in such a case at an amount not exceeding tCommercial and Labour — Volume 9 · Source page ٨٦١
  24. Principle 4451The parties to an employment contract agreeing upon the compensation due if the employer cancels it before expiry of its term. Effect thereof. Applying its provision as a rebuttable legal presumption of the occurrence ofCommercial and Labour — Volume 9 · Source page ٨٦٢
  25. Principle 4453The financial sanction imposed by the contracting parties to ensure performance of their agreement. Agreed compensation. The judge is bound by this agreement unless the debtor proves that the creditor suffered no damage Commercial and Labour — Volume 9 · Source page ٨٦٢
  26. Principle 4454The company's contention that the employment contract concluded between it and the worker was of indefinite duration. Establishment that the contract's duration was fixed at two years and that it contained no special terCommercial and Labour — Volume 9 · Source page ٨٦٢
  27. Principle 4455The employer’s termination of a fixed-term employment contract without justification. Its effect. His obligation to compensate the worker for all damage sustained as a result of this dismissal. Articles 53, 55, Law 38 ofCommercial and Labour — Volume 9 · Source page ٨٦٢
  28. Principle 4456The employer’s obligation to compensate the worker for damage suffered where the employer rescinds the fixed-term contract for reasons other than those provided for by law, unless there is a term in the contract. The criCommercial and Labour — Volume 9 · Source page ٨٦٣
  29. Principle 4457Depriving the worker of compensation in lieu of notice. Its criterion. That his dismissal is for one of the reasons specified in Article 55 of Law 38 of 1964 concerning labour in the private sector before its repeal by LCommercial and Labour — Volume 9 · Source page ٨٦٣

  30. - عدم سريان الفوائد على الحقوق أو الديون العمالية

    Principle 4461The absence in the provisions of the Private Sector Labour Law of a provision governing the question of the accrual of interest on financial entitlements owed to either party to an employment contract by the other party.Commercial and Labour — Volume 9 · Source page ٨٦٤
  31. Principle 4462The worker may not collect interest for delay in payment of the worker’s entitlements. The basis thereof.Commercial and Labour — Volume 9 · Source page ٨٦٤
  32. Principle 4465Prohibition on charging interest on any debt or loan owed by the worker to the employer. The reason for this.Commercial and Labour — Volume 9 · Source page ٨٦٤
  33. Principle 4467A worker may borrow from the employer, with set-off between the wage and that loan. - It is impermissible to deduct more than 10% of the worker’s wage in discharge of debts or loans owed by him to the employer, or to chaCommercial and Labour — Volume 9 · Source page ٨٦٤
  34. Principle 4468The worker’s rights arise pursuant to mandatory rules pertaining to public order, including the prohibition on the employer charging interest on loans he grants to the worker. Termination of the employment relationship aCommercial and Labour — Volume 9 · Source page ٨٦٥

  35. - تعديل شروط عقد العمل

    Principle 4471The worker’s rights arising from the employment contract. Nothing in the law prohibits its parties from agreeing to amend the contractual terms. Example.Commercial and Labour — Volume 9 · Source page ٨٦٥

  36. - ملحقات الأجر غير الدائمة

    Principle 4474The rights established by the provisions of the Labour Law. They constitute the minimum protection for the worker. Agreement to depart from them is permissible if such departure results in greater benefit or advantage foCommercial and Labour — Volume 9 · Source page ٨٦٦

  37. - تعلق حقوق العامل بالنظام العام

    Principle 4476The worker’s rights established by the provisions of the Private Sector Labour Law. Their relation to public policy. Agreement to depart from them is impermissible unless this results in a benefit to the worker. Proof ofCommercial and Labour — Volume 9 · Source page ٨٦٦
  38. Principle 4477The worker's rights conferred by the Private Sector Labour Law relate to public policy. They may be proved by all means of proof. The authority of the judge of merits to assess them. Its condition.Commercial and Labour — Volume 9 · Source page ٨٦٦
  39. Principle 4478The general rule regarding the rights and benefits contemplated by Law 38/1964 concerning labour in the private sector is that they represent the minimum of the worker’s rights. Effect thereof. They may not be diminishedCommercial and Labour — Volume 9 · Source page ٨٦٦
  40. Principle 4479Workers' rights prescribed by the Private Sector Labour Law relate to public policy. It is impermissible to agree to diminish them. This does not preclude agreement to increase them. - 866 - LabourCommercial and Labour — Volume 9 · Source page ٨٦٦
  41. Principle 4480The provisions of the Private Sector Labour Law pertain to public policy. An individual employment contract or collective contract may not contravene those provisions unless the term is more beneficial to the worker. ConCommercial and Labour — Volume 9 · Source page ٨٦٧
  42. Principle 4481The worker’s waiver of his rights after termination of the employment relationship and establishment of these rights in his favour. Permissible. Assessment of the existence of duress vitiating consent. Within the authoriCommercial and Labour — Volume 9 · Source page ٨٦٧
  43. Principle 4482The worker’s right to annual leave relates to public policy. The employer’s infringement of this right. Its effect. The worker’s right to terminate the contract before the expiry of its term, with entitlement to an end-oCommercial and Labour — Volume 9 · Source page
  44. Principle 4483The rights conferred on the worker by the provisions of the Labour Law are matters of public policy. No agreement contrary to them is permissible at the commencement of the employment relationship or during its continuanCommercial and Labour — Volume 9 · Source page
  45. Principle 4484The rights established for the worker in the Labour Law. A minimum for his protection. Agreement to depart from them is permissible if it produces a greater benefit for the worker. The implication thereof. If the employeCommercial and Labour — Volume 9 · Source page
  46. Principle 4485An agreement for settlement and waiver between the employer and the worker. When it is invalid. If it impairs a labour right. The absence from the Labour Law of mandatory provisions concerning benefits in kind provided tCommercial and Labour — Volume 9 · Source page
  47. Principle 4486The rights established by the provisions of the Labour Law are matters of public policy. It is impermissible for the worker to contravene them unless this results in a greater benefit to the worker. - A condition contrarCommercial and Labour — Volume 9 · Source page
  48. Principle 4488The worker’s right to annual leave. Its relation to public policy. Its effect. The worker must be compensated for leave he did not take throughout his period of employment.Commercial and Labour — Volume 9 · Source page
  49. Principle 4489The worker’s right to annual leave. Its connection with public policy. Its effect. It may not be waived expressly or implicitly, and the employer must grant it to him while paying his wages for it. Contravention thereof.Commercial and Labour — Volume 9 · Source page
  50. Principle 4490The provisions of the Labour Law relating to workers' rights in the private sector. Matters of public policy, such that no agreement may contravene them unless it secures a benefit for the worker.Commercial and Labour — Volume 9 · Source page
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