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 الدعوى العمالية

    Principle 5031A worker's claim for his rights based on the provisions of the Private Sector Labour Law. It may not be heard after one year from the termination of the employment contract. That period does not run whenever an impedimenCommercial and Labour — Volume 9 · Source page ٩٧٤
  2. Principle 5032Prescription as a cause of extinguishment of personal rights that have remained unfulfilled for a period. Its adoption by the legislature. Its reasons. Respect for settled situations or adoption of a presumption of paymeCommercial and Labour — Volume 9 · Source page ٩٧٤
  3. - قابلية الحكم الصادر من الدائرة العمالية للطعن

    Principle 5034Judgments rendered by the court of first instance in a final capacity. The rule is that they may not be appealed unless the law provides otherwise. The final jurisdictional monetary threshold of the Court of First InstanCommercial and Labour — Volume 9 · Source page ٩٧٥
  4. - حصر العمال الأجانب وتنظيم هجرتهم واستخدامهم

    Principle 5035The monetary threshold for final, non-appealable judgments of the Court of First Instance. Its application to labour disputes. The reason therefor. Decree-Law 46/1987 establishing a Labour Circuit at the Court of First ICommercial and Labour — Volume 9 · Source page ٩٧٥
  5. Principle 5036Enumeration of foreign workers and regulation of their migration and employment. How this is effected: their registration and the issuance of work cards to them by the Ministry of Social Affairs and Labour, which has theCommercial and Labour — Volume 9 · Source page ٩٧٥
  6. Principle 5037Acts of sovereignty. The elements distinguishing them from ordinary administrative acts. Their nature. - A worker's request to transfer his sponsorship to another sponsor because the employment relationship between him aCommercial and Labour — Volume 9 · Source page ٩٧٥
  7. Principle 5038The right to grant work authorization and permission, 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 toCommercial and Labour — Volume 9 · Source page ٩٧٦
  8. Principle 5039The worker’s failure to approach the authority competent to issue the appropriate decision for transferring his sponsorship to another employer. His direct institution of an action seeking recognition of his entitlement Commercial and Labour — Volume 9 · Source page ٩٧٦
  9. Principle 5040The legislature’s aim of enumerating foreign workers and regulating their immigration and employment. Its implication. The right of the Ministry of Social Affairs and Labour to grant a work permit or authorization, or reCommercial and Labour — Volume 9 · Source page ٩٧٦
  10. - حماية العمالة الوطنية

    Principle 5041Enumerating foreign workers and regulating their migration and employment. The method: registering them and issuing them work cards by the Ministry of Social Affairs and Labour, which has the right to cancel, renew and tCommercial and Labour — Volume 9 · Source page ٩٧٦
  11. Principle 5042The Government’s obligation to pay a social allowance and a children’s allowance to persons practising professions and crafts and to those working in all entities; the Council of Ministers issues the decisions regulatingCommercial and Labour — Volume 9 · Source page ٩٧٦
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