Kuwait Court of Cassation principle number 4984

The Labour Circuit of the Court of First Instance. Its subject-matter jurisdiction to adjudicate labour disputes arising from the application of the provisions of laws issued concerning labour and the regulation of the relationship between workers and employers in the private and oil business sectors. This concerns public policy. - Termination of the employment relationship between the worker and employer. Its implication. The latter’s obligation to return any papers, certificates, or tools deposited with it by the worker. The condition for this. The employer must have received them from the worker or possessed them in connection with the work. Article 60 of Law 38/1964 concerning Labour in the Private Sector. - The word ‘papers’ appears generally, without particularization, in Article 60 of Law 38/1964 concerning Labour in the Private Sector. The implication of this. It includes any instruments, documents, or other items, including a passport if the worker voluntarily delivered it to the employer for any reason. The employer’s withholding of the worker’s passport. This constitutes a breach by the employer of an obligation arising from the employment relationship imposed by the laws, and a demand for its return is a labour dispute over which the Labour Circuit has subject-matter jurisdiction, as it does over a claim for compensation for harm resulting from that withholding. Example. - 964 - Labour