Kuwait Court of Cassation principle number 1144

The Civil Service Council. Authorized to lay down the rules and provisions governing temporary appointment by contract and embody them in forms which government entities subject to the provisions of the Civil Service Law must observe and abide by. - Determination of the age for termination of service. Part of the public employment system to which the employee is subject in his relationship with his employing authority; employment systems determine this age in accordance with the public interest, which requires certain exceptions in its determination according to work needs and requirements. - Non-Kuwaiti employees. The general rule is that their service ends upon reaching the age of sixty in accordance with the Civil Service Law, which permits extension of their service to the age of sixty-five pursuant to the rules and provisions laid down by the Civil Service Council. The implication thereof. Upon the employee reaching the age of sixty, his service ends and the employment relationship existing between him and his employing authority is severed by a mandatory legal provision. The relationship does not remain in existence unless the age for termination of service is moved beyond sixty up to sixty-five; thus, extension of the employee’s service through presumed silence is inconceivable, and the extension of service must instead be express and unequivocal. - Failure to issue a decision approving extension of service. Its import is that the employee is presumed to know that his service has ended by operation of law and, consequently, that his contract has ended because he has reached the statutory age. The requirement to notify him or serve notice on him of termination of the contract may not be invoked..