Category: Intel

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 970/2010 ( Liability of Guarantor Shareholders for Company Debts after Sale of Shares)

The Supreme Court held that a shareholder who signs a guarantee agreement for the debts of the company remains liable for these debts even after selling his shares in the company.

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Intel

Fatwa Summary: MJLA Fatwa 192721181 (SAI Confidential Emails)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the State Audit Institute (SAI) has a duty to release the confidential emails of a third-party held in its possession to support the defence of the government against the claims made by that third-party in an arbitration case.

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Intel

Fatwa Summary: MJLA Fatwa 192717255

The Ministry of Justice and Legal Affairs (MJLA) deemed that the contractor had no rights under a contract it signed with the government due to the failure to comply with the requirements of Royal Decree 48/76 regarding the Signing of Foreign and Domestic Financial Transactions. The MJLA noted in its fatwa that the contractor can take legal action against individuals in their personal capacity whose actions resulted in the contractor suffering harm.

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Intel

Fatwa Summary: MJLA Fatwa 182710759 (Liquidation of a Shareholder)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the liquidation of a shareholder in a limited liability company does not affect the legal status of the limited liability company.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 634/2017 (Legal Effect of Rescinding a Resignation Letter)

The Supreme Court held that a letter of resignation loses its legal effect if the employee rescinds this letter before the employer accepts this resignation.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 766/2017 (Calculation of Rest in Overtime Work)

An employee sued his employer for compensation for unpaid overtime working hours on the basis of two extra hours plus a one-hour break. The Supreme Court held that break time is not calculated as part of unpaid overtime.

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Case Summary: Supreme Court (Labour Circuit) Contestation: 548/2017 (Failure to Terminate a Definite Period Contract)

The Supreme Court held that the failure of the employer to terminate a definite period employment contract before its expiry transformed the contract into a new indefinite period contract.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 427/2017 (Equal Treatment of Employees)

An employee sued his employer for failing to pay him a cost-of-living allowance that his colleagues receive. The Supreme Court confirmed that it has the power to re-adjust the salary of an employee to match the salaries of other employees in the same organisation in accordance with article 11 of the Labour Law if the employees are working in the same circumstances, have the same qualifications, and agree to the same work conditions. However, the Supreme Court decided that the employee was unable to establish that the facts of his employment met the requirements of article 11 of the Labour Law, and therefore rejected his claims.

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Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 137/2017 (Grounds for Setting Aside Arbitral Award)

The Supreme Court refused to set aside an arbitral award on the grounds that it had defects outside the grounds identified by the Law of Arbitration in Civil and Commercial Disputes, even though these defects would have been grounds to set aside an ordinary court judgment.

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Intel

Case Summary: Supreme Court Contestation 271/2017 (Diplomatic Immunity and the Labour Law)

The Supreme Court held that embassies have diplomatic immunity against Labour Law lawsuits made against them by their employees.

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