Kuwait Court of Cassation principle number 4879

The absence in the Labour Law for the Oil Operations 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 Operations Sector. - The absence in the Labour Law for the Oil Operations 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 the amount of compensation for permanent disability. The wage the worker was receiving at the time his condition stabilised and the degree of disability was determined. It includes everything paid to the worker regularly and continuously in return for work until it assumes the character of habitual receipt and reliance by the worker in organising his livelihood and takes 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 considering an allowance part of basic pay. - 940 - Labour - Travel allowance. Its nature. It is not added to wages when calculating the rights of a worker in the oil operations sector. Raising this defence and the judgment's failure to set it out and respond to it. A deficiency requiring its cassation.