Kuwait Court of Cassation principle number 382

Summary: - Termination of an employment contract of indefinite duration. The other party must be notified at least three months before its termination for workers paid monthly and at least one month for other workers. Failure by the party terminating the contract to observe this procedure. Its effect. His obligation to pay the other party wages equal to the same period prescribed for notice. Article 44 of Law 6 of 2010 concerning Labour in the Private Sector. The purpose thereof: the interests of both parties, so that neither party surprises the other by unilaterally rescinding the contract. Rule: The provision in Article 44 of Law No. 6 of 2010 concerning Labour in the Private Sector that “If the employment contract is of indefinite duration, either party may terminate it after notifying the other party, and notice shall be as follows: a At least three months before the end of the contract for workers employed on a monthly wage b At least one month before terminating the contract for other workers. If the party terminating the contract does not observe the notice period, he shall pay the other party compensation in lieu of the notice period equal to the worker’s wage for the same period .... means that the procedure required upon termination of a contract of indefinite duration is to notify the other party at least three months before terminating the contract for workers paid monthly and at least one month for other workers. It specified the wage payable by the party terminating the contract upon failure to observe this as the wage equal to the same period prescribed for notice. The legislator’s objective in this is the interests of both parties, so that neither surprises the other by unilaterally rescinding the contract.