Kuwait Court of Cassation principle number 725

The Civil Service Council. Authorized to establish the rules and provisions for temporary appointment by contract and to embody them in forms which governmental authorities subject to the Civil Service Law must observe and comply with. - Determination of the age for termination of service. Part of the public employment regime governing the employee's relationship with the employing authority; employment regulations determine this age in accordance with the public interest, which requires certain exceptions in its determination according to work requirements and exigencies. - Non-Kuwaiti employees. The rule is that their service ends upon reaching the age of sixty under the Civil Service Law, which permits extension of their service to the age of sixty-five in accordance with the rules and provisions established by the Civil Service Council. The implication of this. Upon the employee reaching the age of sixty, service ends and the existing employment relationship between the employee and the employing authority is severed by virtue of a mandatory statutory provision. The relationship continues only by moving the age of termination of service beyond sixty up to sixty-five; an extension of the employee's service cannot therefore be conceived on the basis of presumed silence, but must be express and unequivocal. - No decision approving extension of service being issued. Its implication is the employee's presumed knowledge that service has ended by operation of law and consequently that the contract has ended upon reaching the statutory age. No argument may be made that the employee must be notified or warned of termination of the contract.