Kuwait Court of Cassation principle number 553

Absence from the Labour Law for the Oil Business Sector of regulation of a particular matter. Its effect. The provisions of the Labour Law for the Private Sector must be applied to it. Article 2 of Law 28 of 1969 concerning labour in the oil business sector. - Absence from the Labour Law for the Oil Business Sector of regulation of compensation for work injuries. Its effect. Recourse must be had to the Labour Law for the Private Sector. Its implication: the daily wage relied upon in calculating compensation for permanent disability. The wage the worker was receiving at the time his condition stabilized and his percentage of disability was determined. It includes everything paid to the worker regularly and continuously in return for work, such that it becomes customary and relied upon by the worker in arranging his livelihood and takes on the status of basic pay. Article 65 of the Labour Law for the Private Sector and the decision of the Minister of Social Affairs. An example of treating an allowance as part of basic pay. - A material defence. Its condition. It must rest on a sound legal basis. Its unsoundness being established. Failure to address it does not render the judgment defective for infringement of the right of defence. - Travel allowance. Its nature. It is not added to wages when calculating the entitlements of a worker in the oil business sector. Reliance on this defence and the judgment's failure to set it out and respond to it. A deficiency requiring its cassation.