Kuwait Court of Cassation principle number 5042

The Government’s obligation to pay a social allowance and a children’s allowance to persons practising professions and crafts and to those working in all entities; the Council of Ministers issues the decisions regulating this, upon the proposal of the Civil Service Council, specifying the amount of each of the two aforementioned allowances, the conditions for entitlement thereto, the professions, crafts, jobs and entities to which they apply, and the period during which the Government continues to pay them, provided that the children’s allowance is fifty dinars for each child up to the fifth child. Article 3 of Law No. 19 of 2000 concerning Support for the National Workforce and Encouraging It to Work in Non-Governmental Entities. This is without prejudice to the acquired rights of workers in governmental entities before the issuance of this Law. - The categories of Kuwaitis to whom the social allowance and children’s allowance apply pursuant to Council of Ministers Decision No. 391/2001. Identification of these categories. - 976 - Index - Establishment that the respondent is bound by an employment contract concluded between him and a foreign company other than the entities specified in the aforementioned ministerial decision, and the absence from the papers of anything indicating that this company is linked to the State under an agreement, mean that he is not entitled to benefit from Law 19 of 2000. The challenged judgment’s departure from this view. Vitiates it by an error in the application of the law.