Kuwait Court of Cassation principle number 2290

The judgment's adoption, in defining salary when calculating the end-of-service gratuity for non-Kuwaiti non-commissioned officers, personnel and guards in the police force enrolled under a voluntary enlistment contract, of basic salary plus the periodic increments due. No defect. The reason thereof. - The contention that, in determining the scope of that salary, Article 43 of Law 23 of 1968(*) concerning the Police Force Regulations is adopted only during the employment relationship, while upon severance of that relationship its scope is determined by Article 107 of the Police Law. Impermissible. The reason thereof. - Claiming the gratuity: an effect of performance of the contract. The consequence thereof. Calculating it in the manner set out therein and within the limits of what is meant by salary constitutes performance thereof and one of its effects. - The social allowance. Treating it as part of salary and adding it thereto when calculating the end-of-service gratuity. Its condition. Express provision therefor in the contract.