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. - تعلق حقوق العامل بالنظام العام

    Principle 4491The worker’s right to annual leave concerns public policy. His waiver thereof, expressly or implicitly. Impermissible. The employer’s obligation to grant him that leave even if he does not request it. The employer’s releCommercial and Labour — Volume 9 · Source page ٨٦٨
  2. Principle 4492The worker’s right. Its relation to public policy. Termination of the employment relationship and actual vesting of the right in the worker. Its effect. The worker may waive it and settle it. Its condition. That the workCommercial and Labour — Volume 9 · Source page ٨٦٨
  3. Principle 4493A release issued by the worker constitutes evidence binding upon him; he may not rebut that evidence or free himself from it. The basis thereof: the worker’s right arises through the application of mandatory rules concerCommercial and Labour — Volume 9 · Source page ٨٦٨
  4. Principle 4495The worker’s right arises pursuant to mandatory rules relating to public order. The right to waive it or settle it arises after termination of the employment relationship. Rationale therefor: it is a financial right persCommercial and Labour — Volume 9 · Source page ٨٦٨
  5. Principle 4496An agreement for settlement and waiver between the employer and the worker is void where it impairs the worker’s rights established by work. - The Labour Law’s absence of mandatory provisions specific to benefits in kindCommercial and Labour — Volume 9 · Source page ٨٦٩
  6. Principle 4497An employment contract. Permissibility of agreeing therein to depart from any provision of the Labour Law. The condition for this. Establishment of a greater advantage or benefit for the worker. Standing to invoke it belCommercial and Labour — Volume 9 · Source page ٨٦٩
  7. Principle 4498The rights established by the Labour Law for the worker. Their relation to public policy. Departure from them is impermissible unless it results in a benefit to the worker. - The employer’s stipulation that the worker noCommercial and Labour — Volume 9 · Source page ٨٦٩
  8. Principle 4499The worker’s right against the employer. Governed by mandatory rules connected with public policy. Termination of the employment relationship. Its effect. It is permissible to waive and settle a right that has actually vCommercial and Labour — Volume 9 · Source page ٨٦٩
  9. Principle 4500The worker’s right to annual leave. Its relation to public policy. The consequence thereof. The worker must be compensated for leave not taken throughout his period of employment unless his right is extinguished by prescCommercial and Labour — Volume 9 · Source page ٨٦٩
  10. Principle 4501Application of Law No. 38 of 1964 concerning Labour in the Private Sector. Its import. No prejudice to any rights or privileges established for the worker by contracts or rules in force at an institution, body or employeCommercial and Labour — Volume 9 · Source page ٨٦٩
  11. Principle 4502The worker’s rights arise pursuant to mandatory rules connected with public policy, including the prohibition on the employer collecting interest on loans he grants to him. Termination of the employment relationship and Commercial and Labour — Volume 9 · Source page ٨٦٩
  12. Principle 4503The worker's right arises through the application of mandatory rules relating to public policy. Waiver of it or settlement concerning it. Its condition: termination of the employment relationship, actual establishment ofCommercial and Labour — Volume 9 · Source page ٨٧٠
  13. Principle 4504The worker’s right to annual leave. Its connection with public policy. Effect thereof. It may not be waived expressly or implicitly, and the employer must grant it to him while paying his wages for it. Contravention therCommercial and Labour — Volume 9 · Source page ٨٧٠

  14. - تخالص العامل عن حقوقه

    Principle 4509The worker’s settlement and release in respect of his financial rights. Evidence binding upon him. It is impermissible to overturn that evidentiary force or escape it by reopening any part of the account in respect of whCommercial and Labour — Volume 9 · Source page ٨٧٢
  15. Principle 4510Interpreting agreements and instruments to ascertain their true intended meaning, deriving judicial presumptions, examining evidence and documents, and drawing conclusions consistent with the facts of the case. Within thCommercial and Labour — Volume 9 · Source page ٨٧٢
  16. Principle 4511The release issued by the worker concerning receipt of his entitlements. Evidence against him vis-à-vis the employer, and it may not be impugned on the basis of any defect of consent.Commercial and Labour — Volume 9 · Source page ٨٧٢
  17. Principle 4512The worker’s rights are established by mandatory rules relating to public policy. Its effect. Waiver of them is void. Termination of the employment relationship. Its effect. An acknowledgment issued by the worker waivingCommercial and Labour — Volume 9 · Source page ٨٧٢
  18. Principle 4513The release issued by the worker conclusively establishing his receipt of all his entitlements. Binding upon him. Rebutting it or escaping it. Impermissible. - The connection of the worker’s rights with public policy. TeCommercial and Labour — Volume 9 · Source page ٨٧٢
  19. Principle 4514A release issued by a worker constitutes evidence against him; he may not rebut that evidence or free himself from it. The basis thereof: the worker’s right arises pursuant to mandatory rules relating to public order. ThCommercial and Labour — Volume 9 · Source page ٨٧٢
  20. Principle 4517An agreement for settlement and waiver between the employer and the worker is void where it prejudices the worker’s rights established by the Labour Law. - Absence from the Labour Law of mandatory provisions specific to Commercial and Labour — Volume 9 · Source page ٨٧٣
  21. Principle 4518The worker’s right after termination of the employment relationship. The worker may waive it and settle it as a purely pecuniary right, provided the worker’s will is not tainted by a defect of consent. The worker may notCommercial and Labour — Volume 9 · Source page ٨٧٣
  22. Principle 4520The worker’s discharge of all his entitlements owed by the employer. A bar to his recourse against him for any such entitlement. This evidentiary force may not be repudiated or evaded. The condition thereof. That his wilCommercial and Labour — Volume 9 · Source page ٨٧٣
  23. Principle 4522The worker's waiver of the remainder of his entitlements, a waiver conditional upon the Public Authority for Compensation not paying the entitlements of the members of the fellowship fund. His failure to submit evidence Commercial and Labour — Volume 9 · Source page ٨٧٣
  24. Principle 4523The worker’s right arises through the application of mandatory rules relating to public order. His waiver of it or settlement thereof. Its condition: termination of the employment relationship, actual establishment of hiCommercial and Labour — Volume 9 · Source page ٨٧٤
  25. Principle 4524Invalidity of an agreement for settlement or waiver between the worker and the employer if it affects a right conferred on the worker by the Labour Law. Article 94 Labour Law. - Either contracting party may unilaterally Commercial and Labour — Volume 9 · Source page ٨٧٤
  26. Principle 4525The trial court’s conclusion that the discharge issued by the worker is valid because it is explicit and conclusive as to his receipt of his entitlements. Its implication. It is considered evidence binding upon him, whicCommercial and Labour — Volume 9 · Source page ٨٧٤
  27. Principle 4526The contracting parties’ use of a printed form for the contract or instrument, adding to it by hand or by any other means conditions or expressions conflicting with the printed form. The added conditions and expressions Commercial and Labour — Volume 9 · Source page ٨٧٤
  28. Principle 4527A release issued by the worker in comprehensive and exclusive terms indicating his discharge of all his employment entitlements owed by the employer. Evidence against him, and he may not rebut its evidentiary force or frCommercial and Labour — Volume 9 · Source page ٨٧٤
  29. Principle 4528The trial court’s conclusion that the discharge signed by the worker is valid and that it is explicit and conclusive as to the latter’s receipt of the entitlements he claims. Its effect. It constitutes evidence against hCommercial and Labour — Volume 9 · Source page ٨٧٤
  30. Principle 4529The worker’s right arises pursuant to mandatory rules relating to public policy. Permissibility of his waiving it or settling it as a purely pecuniary right belonging to him. Condition thereof. Termination of the employmCommercial and Labour — Volume 9 · Source page ٨٧٤
  31. Principle 4530The contracting parties' use of a printed form for the contract or instrument. Addition of any conditions or expressions conflicting with that form. The added conditions and expressions must prevail. The reason therefor:Commercial and Labour — Volume 9 · Source page ٨٧٥
  32. Principle 4531The worker’s right arises through the application of mandatory rules relating to public policy. His waiver thereof or settlement in respect thereof. Its condition: termination of the employment relationship, actual estabCommercial and Labour — Volume 9 · Source page ٨٧٥
  33. Principle 4533The respondent’s acknowledgment in the release signed by him that he received all his employment entitlements from the appellant company and that he has no right to claim any entitlements from it in the future, whether mCommercial and Labour — Volume 9 · Source page ٨٧٥

  34. - تقادم الحقوق العمالية

    Principle 4540Assignment of a right is prohibited if it is not subject to attachment. - The permissibility of attaching or relinquishing the worker’s wages within the limit of 25%. Its consequence is the permissibility of the worker’sCommercial and Labour — Volume 9 · Source page ٨٧٧
  35. Principle 4541Returns from the profit percentage. Part of wages. Barring the worker in the release from claiming it until it is determined upon the complete termination of the relationship between the parties. Its effect. The limitatiCommercial and Labour — Volume 9 · Source page ٨٧٨
  36. Principle 4542The employer’s obligation to compensate the worker for leave he has not taken. Is not time-barred by the limitation period for wages and recurring periodic rights stipulated in Article 439/1 of the Civil Code.Commercial and Labour — Volume 9 · Source page ٨٧٨
  37. Principle 4543The impediment that suspends the running of limitation. Its meaning. - Assessment of the existence or absence of an impediment is within the authority of the trial court. The condition for this. An example of what does nCommercial and Labour — Volume 9 · Source page ٨٧٨
  38. Principle 4544A labour action shall not be heard after one year from termination of the employment contract. This period is subject to suspension and interruption. Example.Commercial and Labour — Volume 9 · Source page ٨٧٨
  39. Principle 4545A labour action becoming time-barred upon the lapse of one year from termination of the employment contract. The debtor’s acknowledgment of the right claimed. Effect thereof. Interruption of limitation and commencement oCommercial and Labour — Volume 9 · Source page ٨٧٨
  40. Principle 4546The one-year period limiting the hearing of a labour action. An extinctive prescription period. Subject to suspension and interruption.Commercial and Labour — Volume 9 · Source page ٨٧٨
  41. Principle 4547The worker’s rights arising from the employment contract. Their prescription upon the lapse of one year from the termination of the contract. - The impediment that suspends the running of prescription. Its meaning. - InfCommercial and Labour — Volume 9 · Source page ٨٧٨
  42. Principle 4548The worker’s claim for his rights based on the provisions of the Labour Law in the Private Sector. It may not be heard after - 878 - Labour the lapse of one year from the time the employment contract ends. That period doCommercial and Labour — Volume 9 · Source page ٨٧٨
  43. Principle 4549The prescribed period barring the hearing of an action is interrupted by a judicial claim, even if the action is brought before a court lacking jurisdiction, provided that the claim is valid in form and substance. - The Commercial and Labour — Volume 9 · Source page
  44. Principle 4550The application submitted by the worker to the Labour Department to claim his employment rights is the procedure that initiates the judicial claim in a labour action. - The worker’s bringing his action directly without fCommercial and Labour — Volume 9 · Source page
  45. Principle 4551Failure to reinstate a struck-out labor action within the prescribed time limit results in its being deemed never to have existed, and consequently in its extinction, including its originating statement of claim. ConsequCommercial and Labour — Volume 9 · Source page
  46. Principle 4552The hearing of a labour action is restricted to a period of one year from the date of termination of the employment contract. The basis thereof.Commercial and Labour — Volume 9 · Source page
  47. Principle 4553Remuneration, including allowances, privileges, overtime pay and payment for accrued leave. A periodic recurring right. An action claiming it is not heard, upon denial, after five years. - Treating the employment relatioCommercial and Labour — Volume 9 · Source page
  48. Principle 4555Traders' obligations toward one another relating to their commercial activities. Time-barred upon the lapse of 10 years. Article 118/1 of the Commercial Code. A loan obtained by a worker from the employer is a civil debtCommercial and Labour — Volume 9 · Source page
  49. Principle 4557The question of considering the employment relationship a moral impediment preventing the worker from claiming the wage difference. A factual matter independently assessed by the judge of merits.Commercial and Labour — Volume 9 · Source page
  50. Principle 4558The question of regarding the employment relationship as a moral impediment preventing the worker from claiming his rights. A factual matter assessed independently by the trial judge. An example of the existence of a morCommercial and Labour — Volume 9 · Source page
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