Kuwait Court of Cassation principle number 4952

The employer’s withholding of the worker’s passport after the employment relationship has ended. A breach of an obligation arising from the employment relationship imposed by the provisions of law. Its implication. A demand for its delivery is a labour dispute. Its necessary consequence. An action seeking it must be preceded by an application to the competent Labour Department at the Ministry of Social Affairs. The challenged judgment’s contravention of this and its rejection of the plea of inadmissibility of the action on the ground that an action for delivery of a passport after the employment relationship has ended is based on the rules of tort liability. An error in the application of law requiring its cassation.