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. - التزامه بمصاريف إعادة العامل إلى بلده

    Principle 4748Compensation of an employee for an occupational injury pursuant to the decision of the competent tripartite committee. Does not preclude claiming compensation making good the entire damage. Its condition. That the injuryCommercial and Labour — Volume 9 · Source page ٩١٦

  2. تأمين صاحب العمل عن إصابات العمل

    Principle 4749Repatriation of the foreign worker to his country at the employer’s expense. An obligation towards the State that does not create an obligation towards the worker. The relationship between him and the employer in this reCommercial and Labour — Volume 9 · Source page ٩١٧
  3. Principle 4750Accidents occurring to the worker while going to or returning from work. Occupational injuries. The employer’s obligation to compensate for them. The insurer’s cover is determined by the limits stipulated in the work polCommercial and Labour — Volume 9 · Source page ٩١٧
  4. Principle 4751The insurer’s liability for work injuries is determined by the limits stipulated in the insurance policy, rather than by the legal scope of work injuries for which the employer is liable toward his workers.Commercial and Labour — Volume 9 · Source page ٩١٧
  5. Principle 4752Insurance against work injuries is liability insurance. - The insurer’s subrogation to the insured’s same established right against the person liable for the damage. Its effect. The liable person may assert against the iCommercial and Labour — Volume 9 · Source page ٩١٧
  6. Principle 4754The appellant’s contention before the expert appointed by the court of first instance that it was not liable for compensation for the permanent partial disability arising from the second respondent’s work injury because Commercial and Labour — Volume 9 · Source page ٩١٧
  7. Principle 4756Insurance against occupational injuries. It is insurance of a debt owed by the insured, whose subject matter is the risks specified in the insurance contract, thereby giving it an indemnificatory character. - Conditions Commercial and Labour — Volume 9 · Source page ٩١٨
  8. Principle 4757Life and permanent total disability insurance for employees of the National Petroleum Company. The condition for entitlement to it. Permanent total disability that wholly and permanently prevents the worker from pursuingCommercial and Labour — Volume 9 · Source page ٩١٨
  9. Principle 4758Under the insurance scheme, the employer is liable only for the equivalent of the end-of-service gratuity at the rates stated in the Private Sector Labour Law, in addition to the amount of the increase if he is bound by Commercial and Labour — Volume 9 · Source page ٩١٨
  10. Principle 4759The employer’s insurance against work accidents. Its nature. Liability insurance where the risk relates to the insured’s property, not his person, and its subject matter is the monetary liability incumbent upon the insurCommercial and Labour — Volume 9 · Source page ٩١٨
  11. Principle 4760Insurance against occupational injuries. Its nature. - Defining the scope of insurance by the appellant company’s obligation to pay all sums for which the insured is liable by reason of the worker’s personal injuries froCommercial and Labour — Volume 9 · Source page ٩١٨
  12. Principle 4761Combining two awards of compensation for the same damage. Impermissible. Its consequence. The worker may not demand compensation from the employer for damage under the Labour Law and compensation for it under the rules oCommercial and Labour — Volume 9 · Source page ٩١٩
  13. Principle 4762The employer’s dispute over the percentage of disability suffered by the worker. The court’s appointment of forensic medicine to examine him to investigate this defence. Failure to pay the deposit ordered by the court. ICommercial and Labour — Volume 9 · Source page ٩١٩
  14. Principle 4763Determination of the insured risk, the extent of coverage binding on the insurer and its conditions. A matter for the contracting parties alone. Its condition: the agreement must be within the bounds of the law and rulesCommercial and Labour — Volume 9 · Source page ٩١٩

  15. - التزامه بتوفير سكن للعامل

    Principle 4764It being established that the group insurance policy provided for the worker’s entitlement to compensation for permanent total or partial disability caused by a work accident or occupational diseases, or because of his dCommercial and Labour — Volume 9 · Source page ٩١٩

  16. - التزامه بإلغاء إذن العمل عند انتهاء مدة عمل العامل

    Principle 4765The employer’s obligation to provide accommodation for the worker in return for the worker’s work. Its nature. - The employer’s obligation to cancel the work permit upon expiry of the worker’s term of employment:-Commercial and Labour — Volume 9 · Source page ٩١٩

  17. - التزامه بالمساواة بين عماله

    Principle 4766The end of the worker's employment term. Its effect. The employer's obligation to cancel the work permit. - The worker's absconding. Its effect. The employer must notify the Ministry of Interior and the competent Labour Commercial and Labour — Volume 9 · Source page ٩١٩
  18. Principle 4767The employer’s entrusting another with performing one of his operations or part thereof. The person entrusted with the work is obliged to treat his workers and the employer’s workers equally in all rights. Its condition:Commercial and Labour — Volume 9 · Source page ٩٢٠
  19. Principle 4768The principle of equality among the workers of a single employer in wages and benefits. Its scope. - An employer’s differentiation among his workers. The justifications he advances are subject to the assessment of the coCommercial and Labour — Volume 9 · Source page ٩٢٠
  20. Principle 4769The employer must treat his workers equally where their working conditions are equal and their qualifications, experience and seniority are equivalent. The justifications he advances for differentiating between them are Commercial and Labour — Volume 9 · Source page ٩٢٠
  21. Principle 4770Equality among an employer’s workers. Its criterion. And its meaning. - Ascertaining the elements of equality among workers and determining whether or not they exist. A matter of fact.Commercial and Labour — Volume 9 · Source page ٩٢٠
  22. Principle 4771The principle of equality in wages and benefits among workers of the same employer applies only when they are equal in circumstances, qualifications, experience and seniority. Assessment thereof. A matter for the trial cCommercial and Labour — Volume 9 · Source page ٩٢٠
  23. Principle 4772Management of the establishment and organisation of work therein are within the employer's authority. Its condition. No abuse of his workers. The principle of equality among the workers of the same employer. Its conditioCommercial and Labour — Volume 9 · Source page ٩٢٠
  24. Principle 4774Equality among an employer’s workers applies only where their circumstances are equal and their qualifications, experience, and seniority are equivalent. Assessment thereof. A matter for the court of fact. Contesting thiCommercial and Labour — Volume 9 · Source page ٩٢١
  25. Principle 4775The principle of equality in wages and benefits among workers of the same employer applies only where they are equal in the nature of their work, circumstances, qualifications, competence, experience and seniority.Commercial and Labour — Volume 9 · Source page ٩٢١

  26. -التزامهبتسليمالعاملالأوراقأوالشهاداتأوالأدواتالمسلمةإليهمنالعامل

    Principle 4778The worker is considered the employer’s representative in the transactions he undertakes as required for performing his work. The effect thereof. The latter is bound by what the former undertakes. - His obligation to delCommercial and Labour — Volume 9 · Source page ٩٢١
  27. Principle 4779Termination of the employment relationship between the worker and the employer. Its implication. The latter’s obligation to return any papers, certificates or tools the worker may have deposited with him. The condition fCommercial and Labour — Volume 9 · Source page ٩٢١
  28. Principle 4780The word “papers” appearing generally without qualification in Article 60 of Law 38/1964 concerning Labour in the Private Sector. Consequence thereof. It includes any instruments, documents or other items, including the Commercial and Labour — Volume 9 · Source page ٩٢٢
  29. Principle 4781The employer’s withholding of the worker’s passport after the employment relationship has ended. A breach of an obligation arising from the employment relationship imposed by the provisions of law. Its implication. A demCommercial and Labour — Volume 9 · Source page ٩٢٢

  30. تقاضيالتعويضمنصاحبالعمللايمنعمنمطالبةالمسئولباستكماله

    Principle 4785Combining two awards of compensation for the same damage. Impermissible. The worker's receipt of compensation from the employer for damage pursuant to the Labour Law or the general rules of liability. Its effect. He may Commercial and Labour — Volume 9 · Source page ٩٢٣

  31. العامةفيالمسئولية

    Principle 4787The injured person’s receipt of compensation from the person responsible for causing the damage does not prevent him from seeking recourse against the employer for the portion of that damage remaining uncompensated. The Commercial and Labour — Volume 9 · Source page ٩٢٣
  32. Principle 4788The worker’s lack of entitlement to recourse against the employer for the damage he sustained on the basis of compensation for work injuries or occupational diseases does not prevent him from claiming compensation from tCommercial and Labour — Volume 9 · Source page ٩٢٣
  33. Principle 4789Permissibility of the injured person demanding compensation from the employer for damage under the Labour Law and having recourse against him for the damage remaining uncompensated under the general rules of liability. ACommercial and Labour — Volume 9 · Source page ٩٢٣
  34. Principle 4790Combining a claim against the employer for compensation for damage under the Labour Law and compensation pursuant to the general rules of liability. Impermissible. The injured person’s receipt of lump-sum compensation foCommercial and Labour — Volume 9 · Source page ٩٢٣

  35. - انتهاء عقد العمل بانقضاء المنشأة أو بانتقال ملكيتها للغير

    Principle 4791The worker’s receipt of lump-sum compensation under the Labour Law. Does not preclude a claim against the liable employer for the remaining uncompensated harm. The condition therefor. That the harm arise from the employeCommercial and Labour — Volume 9 · Source page ٩٢٤
  36. Principle 4792The original employment contract. Its termination upon the cessation of the establishment or transfer of its ownership, unless the worker continues in the successor’s service while retaining his end-of-service gratuity fCommercial and Labour — Volume 9 · Source page ٩٢٤
  37. Principle 4793Employment contract. The general rule. Its termination upon the merger of the establishment or transfer of its ownership to another person. The contract may remain in force by agreement between the worker and the successCommercial and Labour — Volume 9 · Source page ٩٢٤
  38. Principle 4794Employment contract. Its termination upon the cessation of the establishment or the transfer of its ownership by inheritance or any legal disposition to someone other than the employer. Its effect. The arising of the worCommercial and Labour — Volume 9 · Source page ٩٢٤
  39. Principle 4795Termination of the employment contract upon cessation of the establishment: its cases. Its effect: the worker’s right to claim employment entitlements, including the end-of-service gratuity, arises. - The worker’s right Commercial and Labour — Volume 9 · Source page ٩٢٤

  40. - انتهاؤه بالإرادة المنفردة

    Principle 4797The employer may dismiss the worker without notice or gratuity. Cases thereof. Article 55 of Law 38 of 1964. - Assessment of whether or not justification exists for dismissing the worker. A matter of fact within the exclCommercial and Labour — Volume 9 · Source page ٩٢٥
  41. Principle 4798The employment contract. Its inclusion of a clause allowing both parties to terminate it unilaterally before its expiry. Its effect. It is considered to be of indefinite duration.Commercial and Labour — Volume 9 · Source page ٩٢٥
  42. Principle 4799Employment contract. Its inclusion of a provision allowing either party to terminate it unilaterally before its end. Effect thereof. It is considered a contract of indefinite duration. - Employment contract concluded forCommercial and Labour — Volume 9 · Source page ٩٢٥
  43. Principle 4800The absence of a term in a fixed-term employment contract addressing its rescission. Its consequence is that the party on whose part rescission occurs is obliged to compensate the other party for the damage sustained as Commercial and Labour — Volume 9 · Source page
  44. Principle 4801An employment contract of indefinite duration. It may be rescinded, in the case of workers employed for a monthly wage, after giving the other party notice fifteen days before rescission of the contract. - The length of Commercial and Labour — Volume 9 · Source page
  45. Principle 4802An employer may dismiss a worker without notice and end-of-service gratuity if he commits an act contrary to morals at the workplace. The worker's defence that the employer violated the concluding provision of Article 51Commercial and Labour — Volume 9 · Source page
  46. Principle 4803Assessment of the existence of justification for dismissing a worker from employment. Within the authority of the trial court. The condition therefor. That its assessment be based on grounds that do not contradict what iCommercial and Labour — Volume 9 · Source page
  47. Principle 4813Dismissal of the worker is within the employer’s authority. Dismissal of the worker if he breaches the obligations imposed upon him. Assessment of this breach is within the authority of the court of merits.Commercial and Labour — Volume 9 · Source page
  48. Principle 4815The employer's right to dismiss the worker without a notice period and an end-of-service gratuity. Its cases. - Assessment of whether the worker has breached his obligations and assessment of the grounds for dismissal. WCommercial and Labour — Volume 9 · Source page
  49. Principle 4816The worker’s breach of, or default in, his obligations. Its effect. The employer may dismiss him without notice or gratuity. The condition thereof is observance of good faith and honourable dealing with him. - Whether orCommercial and Labour — Volume 9 · Source page
  50. Principle 4817The legislature made the worker’s breach or failure to perform his obligations imposed by the employment contract or established by the provisions of law an independent ground permitting the employer to dismiss him withoCommercial and Labour — Volume 9 · Source page
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