Kuwait Court of Cassation principle number 4083

The absence from the Oil Operations Sector Labour Law of regulation of a particular matter. Its effect. The provisions of the Private Sector Labour Law must be applied to it. Article 2 of Law 28 of 1969 concerning Labour in the Oil Operations Sector. - The absence from the Oil Operations Sector Labour Law of regulation of compensation for work injuries. Its effect. Recourse must be had to the Private Sector Labour Law. Its implication: the daily wage relied upon in calculating the amount of compensation for permanent disability. The wage the worker was receiving at the time the worker's condition stabilised and the disability percentage was determined. It includes everything paid to the worker regularly and continuously in return for work, so that it becomes customary and relied upon by the worker in organising living arrangements and is treated as basic pay. Article 65 of the Private Sector Labour Law and the decision of the Minister of Social Affairs. An example of treating an allowance as part of basic pay. - Travel allowance. Its nature. It is not added to the wage when calculating the rights of a worker in the oil operations sector. Reliance on this defence and the judgment's failure to address it by setting it out and responding to it. A deficiency requiring its cassation.