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. - اختصاص الدائرة العمالية بالمحكمة الكلية

    Principle 4973The Labour Circuit of the Court of First Instance. Its jurisdiction. Its restriction to determining labour disputes arising from the application of the provisions of laws issued concerning labour and regulating the relatCommercial and Labour — Volume 9 · Source page ٩٦٢
  2. Principle 4974Subject-matter jurisdiction. In principle, it is attributed to the court, not to its circuits. Assignment of particular actions to different circuits by a decision of the General Assembly. An administrative allocation ofCommercial and Labour — Volume 9 · Source page ٩٦٢
  3. Principle 4976Adjudication of labour disputes arising from the application of the provisions of laws issued concerning labour and the regulation of the relationship between workers and employers in the oil business sector, and claims Commercial and Labour — Volume 9 · Source page ٩٦٣
  4. Principle 4977Members of the liberal professions, including actors and artists. Their lack of subordination to those with whom they contract concerning their work. The condition for this. That they have not accepted authority to monitCommercial and Labour — Volume 9 · Source page ٩٦٣
  5. Principle 4978The Labour Circuit of the Court of First Instance. The scope of its jurisdiction. - A claim by someone having no employment relationship with the employer for his entitlements in the fellowship fund according to the ruleCommercial and Labour — Volume 9 · Source page ٩٦٣
  6. Principle 4979Determination of subject-matter jurisdiction. Its criterion: the claims advanced by the plaintiff. - Jurisdiction of the Labour Circuit of the Court of First Instance. Its nature. A claim for invalidation of the extraordCommercial and Labour — Volume 9 · Source page ٩٦٣
  7. Principle 4980Determination of the subject-matter jurisdiction of each judicial body. The criterion therefor. - The Labour Circuit of the Court of First Instance. Its jurisdiction: adjudication of labour disputes arising from the applCommercial and Labour — Volume 9 · Source page ٩٦٣
  8. Principle 4981The Court of First Instance’s final-instance monetary threshold. Its application to labour disputes. The reason for this: the provisions of Decree-Law 46/1987 establishing a labour circuit at the Court of First Instance Commercial and Labour — Volume 9 · Source page ٩٦٤
  9. Principle 4982The Labor Circuit of the Court of First Instance. Its subject-matter jurisdiction to adjudicate labor disputes arising from the application of the provisions of laws enacted concerning labor and the regulation of the relCommercial and Labour — Volume 9 · Source page ٩٦٤
  10. Principle 4983Determination of the subject-matter jurisdiction of each judicial body. The criterion therefor. - The Labour Circuit of the Court of First Instance. Its jurisdiction: determination of labour disputes arising from the appCommercial and Labour — Volume 9 · Source page ٩٦٤
  11. Principle 4984The Labour Circuit of the Court of First Instance. Its subject-matter jurisdiction to adjudicate labour disputes arising from the application of the provisions of laws issued concerning labour and the regulation of the rCommercial and Labour — Volume 9 · Source page ٩٦٤

  12. - التحكيم في المنازعات العمالية

    Principle 4987The Labour Disputes Arbitration Committee. Its nature and jurisdiction. It may not be regarded as a judicial body, nor may the decisions issued by it be regarded as judgments. The reason for this.Commercial and Labour — Volume 9 · Source page ٩٦٦
  13. Principle 4988The requirement that the worker first submit his claim to the Ministry of Social Affairs and Labour. Inapplicable when resorting to arbitration. The basis therefor. - The Labour Law does not preclude resort to arbitratioCommercial and Labour — Volume 9 · Source page ٩٦٦

  14. - تقدير قيمة الدعوى العمالية

    Principle 4990The general rule is that actions have an ascertainable value. - When an action is considered to have an unascertainable value. An example of a claim for wage arrears, monetary compensation for leave, an end-of-service grCommercial and Labour — Volume 9 · Source page ٩٦٦
  15. Principle 4991Rules for determining the competent court and assessing the appeal threshold. The requirement to include yield and expenses - 966 - Labour and any due damages and ancillary claims of ascertainable value at the time the aCommercial and Labour — Volume 9 · Source page ٩٦٦

  16. - تقادم الدعوى العمالية

    Principle 4992Violation of the law or error in its application is not among the cases that exceptionally permit an appeal against judgments rendered as final by courts of first instance. The first-instance judgment containing indicatiCommercial and Labour — Volume 9 · Source page ٩٦٧
  17. Principle 4993Commissions, grants and what falls within the meaning of wages. An action concerning them may not be heard after one year from the termination of the contract. The legislature’s failure to specify the commencement of theCommercial and Labour — Volume 9 · Source page ٩٦٧
  18. Principle 4994Statements by the employer's representative before the Labour Office. An extrajudicial acknowledgment containing notification of the existence of a right of the worker. Its effect. Interruption of limitation in respect oCommercial and Labour — Volume 9 · Source page ٩٦٧
  19. Principle 4995A labour action. It is not heard after the lapse of one year from the date of termination of the employment contract. Extinctive prescription subject to interruption and suspension whenever an impediment exists that makeCommercial and Labour — Volume 9 · Source page ٩٦٧
  20. Principle 4996The worker's submission of the application to the competent ministry is the procedure by which the judicial claim begins. Its effect. Interruption of prescription.Commercial and Labour — Volume 9 · Source page ٩٦٨
  21. Principle 4997Restriction of the hearing of a labour action to a period of one year from the termination of the employment contract. An extinctive prescription period, not a forfeiture period. This is not altered by the legislature’s Commercial and Labour — Volume 9 · Source page ٩٦٨
  22. Principle 4998The procedure initiating the judicial claim in a labour action and interrupting limitation therein. It is the claim for employment rights before the Labour Office.Commercial and Labour — Volume 9 · Source page ٩٦٨
  23. Principle 4999The one-year period within which an employment action becomes time-barred. A special limitation period. Its purpose is to settle the legal positions arising from the employment contract.Commercial and Labour — Volume 9 · Source page ٩٦٨
  24. Principle 5000Determining the existence of an impediment suspending the limitation period for the action. A factual matter exclusively determined by the court of merits. An example in an employment action.Commercial and Labour — Volume 9 · Source page ٩٦٨
  25. Principle 5001An action not being heard because it was brought after the lapse of one year from the termination of the employment contract. An exception to which analogy may not be applied. Article 96 of Law 38/1964. Its restriction tCommercial and Labour — Volume 9 · Source page ٩٦٨
  26. Principle 5002Labour action. The period barring its hearing. Article 96 of Law 38/1964: one year from the date the employment contract ended. Extinctive prescription subject to suspension and interruption. - The impediment suspending Commercial and Labour — Volume 9 · Source page ٩٦٨
  27. Principle 5003The one-year period restricting the hearing of a labour action is an extinctive limitation period subject to interruption and suspension. The implication: it does not run by reason of a moral impediment. Example. - 968 -Commercial and Labour — Volume 9 · Source page ٩٦٨
  28. Principle 5004Submission of an application to obtain employment entitlements to the Ministry of Social Affairs and Labour. It initiates the judicial claim and interrupts limitation. Express or implied abandonment of it. Its effect. ItCommercial and Labour — Volume 9 · Source page ٩٦٩
  29. Principle 5005Restricting the hearing of a labour action by the lapse of one year from the date of termination of the employment contract. Its consistency with the general formulation of extinctive prescription, which is subject to inCommercial and Labour — Volume 9 · Source page ٩٦٩
  30. Principle 5006The five-year prescription applicable to recurring periodic rights. Its criterion. The obligation must recur and fall due at periodic intervals, and the right must by its nature be continuous and uninterrupted. CommencemCommercial and Labour — Volume 9 · Source page ٩٦٩
  31. Principle 5007Workers’ wages are subject to both the five-year limitation period provided for in the Civil Code and the one-year limitation period provided for in the Labour Law. The judgment’s application of the one-year limitation pCommercial and Labour — Volume 9 · Source page ٩٦٩
  32. Principle 5009End-of-service gratuity and compensation for leave. They become time-barred upon the lapse of one year from the termination of the contract. Interruption, by acknowledgment, of the prescribed period barring the hearing oCommercial and Labour — Volume 9 · Source page ٩٦٩
  33. Principle 5010The impediment suspending the running of the limitation period. Its meaning. - 969 - Labor - Assessment of the existence or absence of the impediment is within the authority of the court of fact. Condition thereof. ExampCommercial and Labour — Volume 9 · Source page ٩٦٩
  34. Principle 5011Prescription of an employment action after one year from the termination of the employment contract. The debtor's acknowledgment of the right claimed. Effect thereof. Interruption of prescription and commencement of a peCommercial and Labour — Volume 9 · Source page ٩٧٠
  35. Principle 5012The worker’s rights arising from the employment contract. They are time-barred upon the lapse of one year from the termination of the contract. - The impediment that suspends the running of the limitation period. Its meaCommercial and Labour — Volume 9 · Source page ٩٧٠
  36. Principle 5013A worker's claim for his rights based on the provisions of the Private Sector Labour Law. May not be heard after the lapse of 1 year from termination of the employment contract. That period does not run whenever an impedCommercial and Labour — Volume 9 · Source page ٩٧٠
  37. Principle 5014The prescribed period for 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.Commercial and Labour — Volume 9 · Source page ٩٧٠
  38. Principle 5015The application submitted by the worker to the Labour Department to claim his labour rights is the procedure by which the judicial claim in a labour action commences. - The worker’s direct institution of his action withoCommercial and Labour — Volume 9 · Source page ٩٧٠
  39. Principle 5016Failure to reinstate a struck-out labour action within the prescribed time results in its being deemed never to have existed, and consequently its extinction, including its originating statement of claim. The consequenceCommercial and Labour — Volume 9 · Source page ٩٧١
  40. Principle 5018A labour action. It shall not be heard after one year from the termination of the employment contract. This period is subject to suspension and interruption. - The impediment considered a ground for suspending the runninCommercial and Labour — Volume 9 · Source page ٩٧١
  41. Principle 5019Rights arising from the application of the provisions of the Labour Law in the Private Sector. A claim for them may not be heard after one year from the date the contract ended. The reason for this. - The period prescribCommercial and Labour — Volume 9 · Source page ٩٧١
  42. Principle 5020A labour action. It shall not be heard after one year has elapsed from the termination of the employment contract. This period is subject to suspension and interruption. - The impediment considered a ground for suspendinCommercial and Labour — Volume 9 · Source page ٩٧٢
  43. Principle 5021The restriction imposed by the legislature on hearing the action upon the expiry of one year from the date of termination of the employment relationship. It is an extinctive limitation period subject to suspension and inCommercial and Labour — Volume 9 · Source page
  44. Principle 5023A periodically recurring right. An action concerning it shall not be heard after five years from its due date. The condition thereof. Articles 439/1 and 445/1 of the Civil Code. - A worker's wage. A periodically recurrinCommercial and Labour — Volume 9 · Source page
  45. Principle 5024The impediment suspending the running of the period required to bar the hearing of an action by lapse of time. Its nature. The impediment must not be attributable to the creditor’s fault or negligence. Assessment of the Commercial and Labour — Volume 9 · Source page
  46. Principle 5025The prescribed period for barring the hearing of a labour action is subject to interruption and suspension. The basis therefor. - Interruption occurs through a judicial claim and its equivalents. - Suspension occurs whenCommercial and Labour — Volume 9 · Source page
  47. Principle 5026The general rule is that a procedure interrupting prescription must relate to the right sought to be enforced and be taken between the same litigants. If the two rights differ or the litigants differ. It produces no effeCommercial and Labour — Volume 9 · Source page
  48. Principle 5027The first-instance judgment’s conclusion rejecting the plea that the action may not be heard. That ruling becoming final. Its implication. Challenging it in this respect. Ineffectual.Commercial and Labour — Volume 9 · Source page
  49. Principle 5028Labour action. Its prescription upon the passage of one year from the time the contract ended. Article 96/1 of Law No. 38 of 1964. - The period prescribed for barring the hearing of an action is interrupted by a judicialCommercial and Labour — Volume 9 · Source page
  50. Principle 5029The impediment considered a ground for suspending the running of the period required to bar the hearing of an action through lapse of time. Its nature and condition. Assessment of the existence or absence of this impedimCommercial and Labour — Volume 9 · Source page
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