Kuwait Court of Cassation principle number 562

The 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 thereto. Article 2 of Law 28 of 1969 concerning labour in the oil business sector. - The 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 import: the daily wage relied upon in calculating the amount of compensation for permanent disability. The wage received by the worker at the time his condition stabilized and the degree of disability was determined. It includes everything paid to the worker regularly and continuously in return for work until it becomes customary and relied upon by the worker in - 460 - Civil Procedure organizing his livelihood and is treated as basic pay. Article 65 of the Labour Law for the Private Sector and the decision of the Minister of Social Affairs. An example of considering an allowance part of basic pay. - A material defense. Its condition. It must be based on a sound legal foundation. Its invalidity being established. Failure to respond to it does not vitiate the judgment by infringement of the right of defense. - Travel allowance. Its nature. It is not added to wages when calculating the rights of a worker in the oil business sector. Reliance upon this defense and the judgment's failure to set it out and respond to it. A deficiency requiring its cassation.