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. - تقادم الحقوق العمالية

    Principle 4559The worker’s claim for his rights based on the provisions of Law 38 of 1964 concerning Labour in the Private Sector. It may not be heard after the lapse of one year from the time the contract ends. That period does not rCommercial and Labour — Volume 9 · Source page ٨٨٠

  2. - التزامه بعدم الإخلال أو التقصير في عمله

    Principle 4560Labour actions. They shall not be heard after one year from the termination of the contract. The rationale thereof. Settlement of the legal positions arising from the contract. This period is subject to interruption and Commercial and Labour — Volume 9 · Source page ٨٨٠
  3. Principle 4562The employer’s right to dismiss the worker without a notice period and end-of-service gratuity. Its cases. - Assessment of whether the worker has breached his obligations and assessment of the justification for dismissalCommercial and Labour — Volume 9 · Source page ٨٨١
  4. Principle 4563The worker's breach of or failure to fulfill his obligations. Its effect. The employer may dismiss him without notice or a gratuity. The condition thereof is observance of good faith and honorable dealing in doing so. - Commercial and Labour — Volume 9 · Source page ٨٨١
  5. Principle 4564Establishment that the respondent sold goods owned by the appellant company and failed to remit their price. A breach of the obligations imposed on him by the terms of the contract and the provisions of the Labour Law. ICommercial and Labour — Volume 9 · Source page ٨٨١
  6. Principle 4565It being established that the worker’s period of service with the appellant was continuous without interruption, even though more than one contract was executed in respect thereof. Depriving him of the end-of-service graCommercial and Labour — Volume 9 · Source page ٨٨١
  7. Principle 4566Dismissal of the worker without notice or gratuity. Permissible where he breaches or neglects his obligations imposed by the employment contract or the provisions of the law. The occurrence of a substantial loss to the eCommercial and Labour — Volume 9 · Source page ٨٨١
  8. Principle 4567The worker’s breach of his obligations and the existence of justification for his dismissal. A matter of fact within the exclusive assessment of the trial court. The condition for this. - The challenged judgment’s concluCommercial and Labour — Volume 9 · Source page ٨٨٢
  9. Principle 4568Dismissal of the worker without notice or gratuity. Permissible where he breaches or fails to fulfil his obligations imposed by the employment contract or the provisions of the law. The employer’s sustaining a substantiaCommercial and Labour — Volume 9 · Source page ٨٨٢
  10. Principle 4569Dismissal of the worker without notice or gratuity. Its cases. Article 55 / z of Law 38 of 1964. His breach of the obligation to be honest in his work and to refrain from any conduct liable to undermine confidence in himCommercial and Labour — Volume 9 · Source page ٨٨٢
  11. Principle 4570Assessment of whether or not the worker has breached his obligation and whether grounds exist for his dismissal without notice or an end-of-service gratuity. A question of fact for the trial judge. The condition thereof.Commercial and Labour — Volume 9 · Source page ٨٨٢

  12. - التزامه بعدم منافسة صاحب العمل

    Principle 4571Assessment of the existence of justification for dismissing a worker from employment. Within the authority of the court of merits. The condition thereof. Its assessment must rest on grounds that do not contradict what isCommercial and Labour — Volume 9 · Source page ٨٨٢

  13. - التزامه بالأمانة في عمله والبعد عن كل تصرف من شأنه زعزعة الثقة فيه

    Principle 4573An employee’s violation of the prohibition imposed upon him against working for others. An administrative violation that does not entail depriving him of the wages he earned with others. - The basis of the employer’s oblCommercial and Labour — Volume 9 · Source page ٨٨٣
  14. Principle 4575Establishment that the respondent sold goods owned by the appellant company and did not remit their price. A breach of the obligations imposed upon him by the contract’s provisions and the Labour Law’s provisions. Its efCommercial and Labour — Volume 9 · Source page ٨٨٣
  15. Principle 4576The worker's breach of his obligations and the existence of justification for his dismissal. A matter of fact whose assessment is within the exclusive competence of the court of merits. The condition for this. - 883 - LaCommercial and Labour — Volume 9 · Source page ٨٨٣

  16. - سلطته في الاشتراط على العامل عدم العمل لدى المنافس

    Principle 4578Employment contract. Good faith, honourable dealing and integrity must be observed in its performance. The worker’s obligation of honesty in his work. An essential obligation. Breach thereof. Its effect. The employer’s pCommercial and Labour — Volume 9 · Source page ٨٨٤

  17. - سلطته في وقف العامل

    Principle 4579The employer’s stipulation that the worker not work for a competitor during the term of his employment contract with him or for a specified period after that employment ends. Permissible. The parties may agree on specifiCommercial and Labour — Volume 9 · Source page ٨٨٤
  18. Principle 4580The worker’s commission of an offence involving dishonour. The employer’s right to dismiss him from the date its commission is established. His right to suspend the worker from work even if the final judgment’s passage tCommercial and Labour — Volume 9 · Source page ٨٨٤

  19. - سلطته في تكليف العامل بعمل آخر غير المتفق عليه

    Principle 4581Precautionary suspension. A protective measure available to the employer against the worker with the aim of keeping him away from the establishment. Its cases. The employer’s right to exercise it from the date of reportiCommercial and Labour — Volume 9 · Source page ٨٨٤

  20. - سلطته في تشغيل العامل ساعات إضافية

    Principle 4582Managing the establishment, organizing its work and assigning the worker work other than that agreed upon, even if less advantageous or suitable. Within the employer’s absolute authority. Its condition. That the interestCommercial and Labour — Volume 9 · Source page ٨٨٥
  21. Principle 4583Employing the year for overtime hours and on weekly rest days is a prerogative of the employer. The conditions thereof. His obligation to pay compensation therefor. Articles 34, 35 of Law 38/1964. The worker's working wiCommercial and Labour — Volume 9 · Source page ٨٨٥
  22. Principle 4584The employer may employ the worker for overtime hours and on weekly rest days and official holidays. In return for his obligation to pay special remuneration. The criterion for the worker’s entitlement to this remuneratiCommercial and Labour — Volume 9 · Source page ٨٨٥
  23. Principle 4585The employer may employ the worker for additional hours and on weekly rest days and official holidays in the cases and subject to the conditions set out in the Private Sector Labour Law, in return for his obligation to pCommercial and Labour — Volume 9 · Source page ٨٨٥
  24. Principle 4587The binding force of a judgment. Established for what the court decided expressly or implicitly, whether in the operative part or the reasons connected to it. What the court did not actually examine. Cannot be the subjecCommercial and Labour — Volume 9 · Source page ٨٨٥

  25. - سلطته في تنظيم منشأته

    Principle 4595The employer's authority to organize his establishment and adopt such means as he sees fit to reorganize it. The condition for this is that the measures he takes must not be tainted by arbitrariness and bad faith. - AsseCommercial and Labour — Volume 9 · Source page ٨٨٨
  26. Principle 4596The employer’s authority to organize his establishment. Its basis. - Judicial review is confined to verifying the genuineness of the justifications prompting what the employer considered appropriate and that they are freCommercial and Labour — Volume 9 · Source page ٨٨٨
  27. Principle 4597Management of the establishment, organization of work therein, description, evaluation, and classification of its jobs, and assessment of the worker’s competence. Within the employer’s authority, in the manner he consideCommercial and Labour — Volume 9 · Source page ٨٨٨
  28. Principle 4598Managing the establishment, organizing work therein, and assigning the worker work other than that agreed upon which does not differ substantially from it, whenever the interests of the work so require, even if it is lesCommercial and Labour — Volume 9 · Source page ٨٨٨

  29. - سلطته في تحديد وقت الإجازة السنوية

    Principle 4602The judgment’s conclusion, within its discretionary authority, that what the worker committed constituted misconduct related to work and that the warning penalty imposed on him was within the disciplinary regulations. DoCommercial and Labour — Volume 9 · Source page ٨٨٩
  30. Principle 4603The employer’s right to impose a disciplinary sanction on the worker. The judiciary has authority to review the employer’s exercise of this right. This authority extends to the proportionality of the penalty to the violaCommercial and Labour — Volume 9 · Source page ٨٨٩
  31. Principle 4604The employer’s authority to dismiss the worker without notice or gratuity if he is convicted of an offence involving honour, trustworthiness or morals. This applies whether the offence is a felony or a misdemeanour. It iCommercial and Labour — Volume 9 · Source page ٨٨٩
  32. Principle 4605The employer’s power to dismiss the worker without notice or without gratuity if he breaches or fails to fulfil any obligation imposed upon him by the terms of the contract and the provisions of the Labour Law. The judgmCommercial and Labour — Volume 9 · Source page ٨٨٩
  33. Principle 4607The employer’s right to dismiss the worker without a notice period and an end-of-service gratuity. Its cases. - Assessing the existence of the worker’s breach of his obligations and assessing the justification for dismisCommercial and Labour — Volume 9 · Source page ٨٩٠
  34. Principle 4608The worker’s breach of or failure to fulfil his obligations. Its effect. The employer may dismiss him without notice or gratuity. The condition for this is observance of good faith and honourable dealing. - The existenceCommercial and Labour — Volume 9 · Source page ٨٩٠
  35. Principle 4609Dismissal depriving the worker of the end-of-service gratuity. Its condition. That he commit a fault causing serious loss to the employer, or breach or fall short in any obligation imposed upon him by the terms of the coCommercial and Labour — Volume 9 · Source page ٨٩٠
  36. Principle 4610The existence of justification for dismissing the worker without notice and without gratuity. Its assessment is a matter of fact.Commercial and Labour — Volume 9 · Source page ٨٩٠
  37. Principle 4611The employer’s right to dismiss the worker without notice or gratuity encompasses fixed-term and indefinite-term contracts. Article 55 of the Labour Law.Commercial and Labour — Volume 9 · Source page ٨٩٠
  38. Principle 4612Failure to observe disciplinary rules before imposing the disciplinary sanction of dismissal upon the worker. This does not prevent the employer from exercising the right to dismiss the worker for breach of an obligationCommercial and Labour — Volume 9 · Source page ٨٩٠
  39. Principle 4613A claim to annul disciplinary decisions. Its connection with a claim to annul decisions charging the worker with the loss sustained by the employer. Rationale therefor. - 890 - LabourCommercial and Labour — Volume 9 · Source page ٨٩٠
  40. Principle 4614The employer may dismiss the worker without notice and end-of-service gratuity if he commits an act contrary to morals in the workplace. The worker’s defence that the employer contravened the concluding provision of ArtiCommercial and Labour — Volume 9 · Source page ٨٩١

  41. - حدود سلطته في رفض تحويل تصريح العمل إلى صاحب عمل آخر

    Principle 4616The employer’s exercise of the right to place the worker on probation. The legislature’s restriction thereof to a period not exceeding one hundred days. The existence of this period in the employment contract is not presCommercial and Labour — Volume 9 · Source page ٨٩١
  42. Principle 4617Transfer of the worker’s work permit and residence from the employer to another employer. Its governing conditions. - 891 - LabourCommercial and Labour — Volume 9 · Source page ٨٩١
  43. Principle 4618Transfer of the work permit of a worker residing in the country. Its condition. - A provision explicit in meaning. It may not be restricted, particularized, or construed otherwise. The reason for this. - Transfer of a woCommercial and Labour — Volume 9 · Source page
  44. Principle 4619Enumeration of foreign workers and regulation of their migration and employment. The method: their registration and issuance of work cards to them by the Ministry of Social Affairs and Labour, which has the right to cancCommercial and Labour — Volume 9 · Source page
  45. Principle 4620The worker’s request to transfer his sponsorship to another sponsor because the employment relationship between him and the first sponsor has ended. It falls outside the acts undertaken by the government as a governing aCommercial and Labour — Volume 9 · Source page
  46. Principle 4621The right to grant a work permit and authorization, or to renew, transfer or cancel it. Vested in the administrative authority represented by the Ministry of Social Affairs and Labour, according to what it considers servCommercial and Labour — Volume 9 · Source page
  47. Principle 4622The worker’s failure to resort to the authority competent to issue the appropriate decision for transferring sponsorship to another employer. Bringing an action directly seeking entitlement to transfer residency. Its effCommercial and Labour — Volume 9 · Source page
  48. Principle 4624Enumeration of foreign workers and regulation of their migration and employment. The method: their registration and issuance of work cards to them by the Ministry of Social Affairs and Labour, which has the right to cancCommercial and Labour — Volume 9 · Source page
  49. Principle 4625Assessment of the existence of justification for dismissing the worker from work. Within the authority of the trial court. The condition for this. That its assessment be based on reasonable grounds not contrary to what iCommercial and Labour — Volume 9 · Source page
  50. Principle 4627The better benefit for the worker. The basis of its calculation. The employer’s obligation to pay it to the Social Insurance Institution within thirty days of termination of the insured’s service. - The Social Insurance Commercial and Labour — Volume 9 · Source page
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