Kuwait Court of Cassation principle number 4857

Agreement by the parties to an employment contract on the compensation payable if the employer cancels it before its term expires. Its effect. Giving effect to its provision as a rebuttable legal presumption of the occurrence of harm and the proportionality of the compensation to it. Its implication. The creditor is not required to prove the harm and its extent, and the court does not intervene in giving effect to this clause. The exception. The debtor’s proving the absence of harm, in which case compensation is not payable. Or his proving that the amount is excessive. The court of merits may assess whether or not it is excessive. Its condition. - The challenged judgment’s ruling reducing the agreed compensation for rescission of the employment contract on account of its excessiveness, on the basis that the debtor works at another job, when it is established that this work preceded his joining the employment from which he was dismissed and was not subsequent to his dismissal. Defective reasoning and an error in the application of the law.