Kuwait Court of Cassation principle number 3740

Withdrawal of a decision terminating an employee’s service for absence, although resulting in the employment relationship being deemed subsisting and the period of service continuous, does not entitle the employee to receive his salary for the period of his absence from work as an effect of the withdrawing decision, unless this is compensation under the established rules governing the administration’s liability for its unlawful administrative decisions. Rationale: salary is consideration for performing work.