Kuwait Court of Cassation principle number 664

Rules laid down by the Civil Service Council concerning appointment under temporary contracts. Mandatory rules that may not be departed from or contradicted by agreement. - A public employee’s employment contract. An administrative contract whose regulatory aspect consists of the rules and provisions of temporary appointment - 176 - Administrative. Implication thereof. Placing the employee in a regulatory status governed by laws and regulations. That status is susceptible to change and amendment without invoking the rule that the contract is the law of the contracting parties. Effect thereof. - The laws and regulations under which employees were contracted. Everyone is presumed to know them. Effect thereof. Their incorporation into their appointment contracts. - The administration’s power to amend the contract is the principal characteristic of administrative contracts. Its implication: its right to amend the contract during its performance whenever the needs of the public service or the public interest so require, without the need for a contractual provision to that effect or the other party’s consent. Example: Civil Service Council Decision 2/81 contained a provision amending certain appointment contracts in accordance with its provisions upon their renewal. Its effect. The contractual relationship becomes governed by the amended provision upon renewal, even if the provision is not included in the contract actually specified.