Kuwait Court of Cassation principle number 28

Employment allowances and benefits. Their connection with occupying the posts listed in the salary schedule and funded from the general budget and actually performing their duties. - Nature-of-work allowance. Entitlement thereto as a benefit granted to a particular category of employees whose posts entail burdens and obligations not present in certain other posts, and it is contingent upon satisfaction of the legal conditions and performance of the duties of the post. - Ambiguity of the provision or uncertainty therein. The judge may ascertain the correct rule by investigating the wisdom and purpose of the legislation. - Issuance of the Civil Service Council's decision granting researchers, specialists, professionals and technicians in the research departments of the Kuwait Institute for Scientific Research a nature-of-work allowance according to the schedule attached to the decision, distinguishing Kuwaiti scientific researchers by an additional increase over the rates of this allowance, and exhaustively specifying the titles of these posts without including the grade of the post of Assistant Director-General of the Institute, which was created subsequently. Implication. He is not entitled to the additional increase in the nature-of-work allowance prescribed for scientific researchers alone. The judgment's contravention thereof constitutes a violation of the Service Council's decisions governing the granting of the allowance. It requires partial cassation of the judgment. 5- Repeal, abrogation and amendment of the law: