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. - إجراءات رفع الدعوى العمالية

    Principle 4915Labour action. The manner of bringing it. It must be preceded by an application from the worker to the Ministry of Social Affairs and Labour. The application is the legal means by which the court becomes seized of the acCommercial and Labour — Volume 9 · Source page ٩٥١
  2. Principle 4916The worker’s submission of an application to the Ministry of Social Affairs and Labour is the sole procedure for bringing a labour action. Submission of the application does not prevent the worker from amending his claimCommercial and Labour — Volume 9 · Source page ٩٥١
  3. Principle 4918The worker’s submission of an application to the Ministry of Social Affairs and Labour is the procedure by which a judicial claim in labour actions commences, and produces the same effects as a judicial claim in ordinaryCommercial and Labour — Volume 9 · Source page ٩٥١
  4. Principle 4919The application submitted by the worker to the Ministry of Social Affairs. Its nature. The procedure by which a judicial claim in labour actions begins. Its implication: it produces the same effects as judicial claim proCommercial and Labour — Volume 9 · Source page ٩٥١
  5. Principle 4920The worker’s submission of an application to the Ministry of Social Affairs and Labour is the sole procedure for instituting a labour action. If the dispute is referred to the court to assess the amicable settlement, thiCommercial and Labour — Volume 9 · Source page ٩٥١
  6. Principle 4921The worker’s submission of an application to the Ministry of Social Affairs and Labour is the sole procedure for bringing a labour action. The effect thereof. Bringing it by another means. Impermissible.Commercial and Labour — Volume 9 · Source page ٩٥١
  7. Principle 4922The worker must submit an application to the Ministry of Social Affairs before bringing his action. The basis and rationale thereof. - 951 - LabourCommercial and Labour — Volume 9 · Source page ٩٥١
  8. Principle 4923Restricting the hearing of a labour action to a period of one year from the date the employment contract ended. The reason for this. Extinctive prescription applies to that period. Suspension of this period whenever an iCommercial and Labour — Volume 9 · Source page ٩٥٢
  9. Principle 4924The sole procedure that the worker must undertake in labour actions. Its nature. - Failure of an amicable settlement between the worker and the employer. The latter may summon the employer by a statement of claim to appeCommercial and Labour — Volume 9 · Source page ٩٥٢
  10. Principle 4925A labour action. It must be preceded by an application submitted by the worker to the Labour Department to claim the worker’s entitlements. - Failure to renew the action after its striking out. Its effect. It is deemed nCommercial and Labour — Volume 9 · Source page ٩٥٢
  11. Principle 4926The worker’s submission of an application containing his complaint to the Ministry of Social Affairs and Labour. Is the legal means by which the court is seised of the labour action. Its implication: the extinction of thCommercial and Labour — Volume 9 · Source page ٩٥٢
  12. Principle 4927An action is not considered to be of indeterminate value unless brought for relief of unassessed value or whose value cannot be assessed. Example of a labour action whose value can be assessed.Commercial and Labour — Volume 9 · Source page ٩٥٢
  13. Principle 4928The bar on hearing workers’ actions. It is confined to actions brought by workers against employers in respect of employment entitlements founded on the Labour Law.Commercial and Labour — Volume 9 · Source page ٩٥٢
  14. Principle 4929A subcontractor’s workers have the right to bring a direct claim against the main contractor for what is due to them from the subcontractor. The condition for this: that the main contractor owes a debt to the subcontractCommercial and Labour — Volume 9 · Source page ٩٥٢
  15. Principle 4930Submission of an application to the Ministry of Social Affairs. A procedure the worker must undertake as the legal gateway to a labour action. The action’s lack of this application. Its effect. Its inadmissibility. The sCommercial and Labour — Volume 9 · Source page ٩٥٢
  16. Principle 4931The application submitted by the worker to the Ministry of Social Affairs is the procedure by which the labour action begins if the dispute is not settled. The worker may not bring his action either by a statement of claCommercial and Labour — Volume 9 · Source page ٩٥٣
  17. Principle 4932The legal prerequisite for instituting a labour action. Its nature. The worker’s submission of an application to the Labour Office to settle the dispute between him and the employer. - The judgment’s treatment of the appCommercial and Labour — Volume 9 · Source page ٩٥٣
  18. Principle 4933Submission of an application to the Ministry of Social Affairs and Labour. It is the legal means by which the court becomes seised of a labour action and by which the judicial claim begins. Its implication. Extinction ofCommercial and Labour — Volume 9 · Source page ٩٥٣
  19. Principle 4934The procedure by which a labour action commences. Its nature. The appellant’s submission of his application to the Ministry of Social Affairs and Labour more than one year after the date of termination of the employment Commercial and Labour — Volume 9 · Source page ٩٥٣
  20. Principle 4935The procedure that initiates a judicial claim in labour actions. Its nature. Lapse of the proceedings in the action for failure to reinstate it after striking out and the passage of more than one year since the last valiCommercial and Labour — Volume 9 · Source page ٩٥٣
  21. Principle 4936The challenged judgment basing its ruling on reasons of its own. Its limiting itself to ruling that the action brought by the worker was inadmissible because it was brought otherwise than by the procedure prescribed by lCommercial and Labour — Volume 9 · Source page ٩٥٣
  22. Principle 4937The application submitted by the worker to the Ministry of Social Affairs and Labour is the sole procedure by which the judicial claim commences. Taking the remaining steps until the dispute is brought before the court. Commercial and Labour — Volume 9 · Source page ٩٥٤
  23. Principle 4938The worker’s submission of an application to the Ministry of Social Affairs and Labour. Its being regarded as the procedure embodying the meaning of the unequivocal demand submitted to the court to enforce the right sougCommercial and Labour — Volume 9 · Source page ٩٥٤
  24. Principle 4939The jurisdiction of the Labour Circuit of the Court of First Instance. Its scope. A claim for compensation based on the provisions of tort liability. The Labour Circuit has no jurisdiction to hear it, and the person brinCommercial and Labour — Volume 9 · Source page ٩٥٤
  25. Principle 4940The labour action. It shall not be heard upon the lapse of one year from the date of termination of the employment contract. The reason therefor. - The procedure by which a labour action commences. Its nature. The appellCommercial and Labour — Volume 9 · Source page ٩٥٤
  26. Principle 4941The worker’s submission of an application concerning his right to the Ministry of Social Affairs and Labour as the sole procedure by which judicial claims in labour actions commence. An exception to the general rules forCommercial and Labour — Volume 9 · Source page ٩٥٤
  27. Principle 4942The application submitted by the worker to the Ministry of Social Affairs is the procedure by which the action begins and the legal means by which the court becomes seized thereof. Its implication. It produces the effectCommercial and Labour — Volume 9 · Source page ٩٥٥
  28. Principle 4943Preceding a labour action with an application to the Ministry of Social Affairs and Labour and identifying the employer are judicial procedures relating to public order. Failure to do so. Its effect. Inadmissibility of tCommercial and Labour — Volume 9 · Source page ٩٥٥
  29. Principle 4944Submitting an application to the Ministry of Social Affairs. A procedure the worker must undertake as the legal gateway to the labour action; it initiates the judicial claim in that action and is a matter pertaining to pCommercial and Labour — Volume 9 · Source page ٩٥٥
  30. Principle 4945The worker’s submission of an application to the Ministry of Social Affairs and Labour. It is the sole essential procedure the law requires of the worker. - A ruling deeming the action never to have existed. Entails cancCommercial and Labour — Volume 9 · Source page ٩٥٥
  31. Principle 4946The worker’s heirs bringing their action seeking compensation for their decedent’s death because he died during and by reason of his work for the appellant, pursuant to the provisions of the Private Sector Labour Law. ItCommercial and Labour — Volume 9 · Source page ٩٥٥
  32. Principle 4947The application submitted by the worker to the Ministry of Social Affairs and Labour is the sole procedure by which the judicial claim commences. Taking the remaining steps until the dispute is brought before the court. Commercial and Labour — Volume 9 · Source page ٩٥٥
  33. Principle 4948The sole procedure the worker must undertake in labour actions. Its nature. - Failure of amicable settlement between the worker and employer. The former may summon the employer by a statement of claim to appear before thCommercial and Labour — Volume 9 · Source page ٩٥٦
  34. Principle 4949The application submitted by the worker to the competent Labour Department to claim his labour entitlements. It is the only procedure the worker is required to undertake in labour actions, and it initiates the judicial cCommercial and Labour — Volume 9 · Source page ٩٥٦
  35. Principle 4950A worker's claim for his entitlements based on the provisions of the Private Sector Labour Law. It may not be heard after the lapse of 1 year from termination of the employment contract. The reason therefor. Upon terminaCommercial and Labour — Volume 9 · Source page ٩٥٦
  36. Principle 4951A labour action. Must be preceded by an application submitted by the worker to the competent Labour Department at the Ministry of Social Affairs to settle the dispute between him and the employer. Article 96 of Law 38 ofCommercial and Labour — Volume 9 · Source page ٩٥٦
  37. Principle 4952The employer’s retention of the worker’s passport after the termination of the employment relationship. A breach of an obligation arising from the employment relationship imposed by the provisions of the law. Its implicaCommercial and Labour — Volume 9 · Source page ٩٥٧

  38. - القانون الواجب التطبيق في علاقات العمل

    Principle 4956Defining the scope of the action, in subject matter and cause, by the claim for labour rights under the Labour Law. There is no basis for applying the provisions of the Civil Code to it.Commercial and Labour — Volume 9 · Source page ٩٥٨
  39. Principle 4957Multiplicity of persons through whose fault the damage occurred. This entails each being liable towards the injured party to compensate for all the damage, and all bearing the compensation jointly and severally. An exampCommercial and Labour — Volume 9 · Source page ٩٥٨

  40. - إعفاء الدعاوى العمالية من الرسوم

    Principle 4961Actions brought by workers under the Labour Law. Exempt from fees. They are to be heard on an urgent basis. They may not be heard after one year from the time of termination of the contract, without distinction between oCommercial and Labour — Volume 9 · Source page ٩٦٠
  41. Principle 4962Exemption from fees of actions brought by the worker. If the action is dismissed, the court may order him to pay all or part of the costs, including compensation for lawyers’ fees. Article 96/1 of Law 38/1964.Commercial and Labour — Volume 9 · Source page ٩٦٠

  42. - نظر الدعوى العمالية على وجه الاستعجال

    Principle 4963Exemption from fees of actions brought by the worker. If the action is dismissed, the court may order him to pay all or part of the costs, including lawyers’ fees. Article 96/1 of Law 38/1964. Its import. Costs may be awCommercial and Labour — Volume 9 · Source page ٩٦٠
  43. Principle 4965The jurisdiction of the Labor Circuit of the Court of First Instance is confined to adjudicating labor disputes arising from the application of the provisions of labor laws in the original sector rand oil operations and Commercial and Labour — Volume 9 · Source page
  44. Principle 4966A claim for study scholarship expenses. It falls outside disputes arising from the application of the Labour Law that come within the jurisdiction of the Labour Circuit.Commercial and Labour — Volume 9 · Source page
  45. Principle 4967The subject-matter jurisdiction of the Labour Circuit of the Court of First Instance. The disputes it encompasses. - An action brought on the basis of the principal’s liability for the acts of his subordinate. Does not aCommercial and Labour — Volume 9 · Source page
  46. Principle 4968Determining the subject-matter jurisdiction of each judicial body. The criterion for it. - The Labour Circuit of the Court of First Instance. Its jurisdiction. Adjudicating labour disputes arising from the application ofCommercial and Labour — Volume 9 · Source page
  47. Principle 4969The Labour Circuit of the Court of First Instance. The legislature entrusted it exclusively with adjudicating labour disputes arising from the application of the provisions of laws issued concerning labour and the regulaCommercial and Labour — Volume 9 · Source page
  48. Principle 4970The determining factor in establishing the jurisdiction of the judicial body is the plaintiff’s claims in his action by way of claims. An example concerning an action falling outside the subject-matter jurisdiction of thCommercial and Labour — Volume 9 · Source page
  49. Principle 4971A worker injured in an accident because of or during work has the right to compensation. Jurisdiction to adjudicate this lies exclusively with the Labor Circuit of the Court of First Instance. An example.Commercial and Labour — Volume 9 · Source page
  50. Principle 4972The Labour Circuit of the Court of First Instance has exclusive jurisdiction to adjudicate labour disputes arising from the application of the provisions of laws issued concerning labour and the regulation of the relatioCommercial and Labour — Volume 9 · Source page
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