Kuwait Court of Cassation principle number 1096

The Government's obligation to pay a social allowance and a children's allowance to persons practising professions and trades and to those working in all entities, and the Council of Ministers shall issue the decisions regulating this, upon the proposal of the Civil Service Council, specifying the amount of each of the two aforementioned allowances, the conditions of entitlement thereto, the professions, trades, occupations and entities to which they apply, and the period during which the Government shall continue to pay them, provided that the children's allowance shall be fifty dinars for each child up to the fifth child. Art. 3 of Law No. 19 of 2000 concerning support for the national workforce and encouraging it to work in non-governmental entities. This is without prejudice to the acquired rights of employees in governmental entities prior to the issuance of this Law. - The categories of Kuwaitis to whom the social allowance and children's allowance apply pursuant to Council of Ministers Decision No. 391/2001. Statement of these categories. - It being established that the respondent is bound by an employment contract concluded between him and a foreign company not among the entities specified in the aforementioned ministerial decision, and the papers containing nothing indicating that this company is linked with the State by an agreement, he is not entitled to benefit from Law 19 of 2000. The challenged judgment's contravention of this view. This vitiates it by error in the application of the law. - 323 - Administrative