المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Commercial and Labour — Volume 9

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,069 available principles

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  1. الأجر

    Principle 4042The employer’s breach of the terms of the contract and the provisions of the law. The worker may terminate the employment contract while retaining entitlement to the gratuity. Article 57 of the Labour Law. Example concerCommercial and Labour — Volume 9 · Source page ٨٠١
  2. Principle 4043Remuneration. Its nature: everything paid by the employer regularly and continuously so as to become customary and relied upon by the worker in arranging his living affairs. It is considered an addition to the basic wageCommercial and Labour — Volume 9 · Source page ٨٠١
  3. Principle 4044The prerequisite for the employer's obligation to pay wages is the worker's compliance with his orders and dedication of his efforts at specified times to serving the employer.Commercial and Labour — Volume 9 · Source page ٨٠١
  4. Principle 4046The worker’s wage means everything paid to the worker by the employer regularly and continuously in return for performing the work, such that it becomes customary and relied upon by the worker.Commercial and Labour — Volume 9 · Source page ٨٠١
  5. Principle 4047The reference for determining the worker’s wage is the agreement concluded between him and the employer, with due regard to special laws. The wage is everything paid to the worker regularly and continuously in return forCommercial and Labour — Volume 9 · Source page ٨٠١
  6. Principle 4049The worker's wage to be relied upon when calculating the end-of-service gratuity. The last wage he received. The annual bonus is included therein. Contravention thereof is an error. Example.Commercial and Labour — Volume 9 · Source page ٨٠٢
  7. Principle 4051What may be deducted from a worker’s wage in payment of debts he owes to the employer may not exceed 10% of the wage. The reason for this.Commercial and Labour — Volume 9 · Source page ٨٠٢
  8. Principle 4052A worker’s wages in consideration of the work he performs may take the form of a specified percentage of profit.Commercial and Labour — Volume 9 · Source page ٨٠٢
  9. Principle 4053The worker's wage. Its nature. Its determination by the contract or the employer's decisions. Its implication is that it may not be amended unilaterally.Commercial and Labour — Volume 9 · Source page ٨٠٢
  10. Principle 4054A worker’s entitlement to wages. Its criterion. Performance of the work or readiness to perform it and placing oneself at the employer’s disposal.Commercial and Labour — Volume 9 · Source page ٨٠٢
  11. Principle 4055The basis of the employer’s obligation to pay wages is the worker’s being subject to his orders and devoting effort to him, so long as he is ready for it, even if prevented from doing so by a cause attributable to the emCommercial and Labour — Volume 9 · Source page ٨٠٢
  12. Principle 4056The worker’s remuneration. Its components: everything to which he is entitled in return for performing work, irrespective of its type, method of determination or designation.Commercial and Labour — Volume 9 · Source page ٨٠٢
  13. Principle 4057The wage on the basis of which payment in lieu of a worker’s leave is calculated. Its nature. What is not included therein. - 802 - LabourCommercial and Labour — Volume 9 · Source page ٨٠٢
  14. Principle 4058The worker’s wage for calculating overtime hours. Its nature. - The remuneration on the basis of which the cash equivalent of the worker’s leave is calculated. Its nature. What is excluded from it: non-fixed wage supplemCommercial and Labour — Volume 9 · Source page ٨٠٣
  15. Principle 4059The protection conferred by law on the worker's wages. Its scope. Its violation. Its effect. Nullity. - Amending the terms of the contract during the employment relationship or replacing it with another. Permissible evenCommercial and Labour — Volume 9 · Source page ٨٠٣
  16. Principle 4060The salary on the basis of which the pension contribution is calculated for insured persons working in the private and oil sectors. It does not include overtime pay.Commercial and Labour — Volume 9 · Source page ٨٠٣
  17. Principle 4061The wage on the basis of which the retirement pension of insured persons working in the private and oil sectors is calculated. Its nature: the last basic wage received by the worker, plus the allowances, bonuses, commissCommercial and Labour — Volume 9 · Source page ٨٠٣
  18. Principle 4062Salary in respect of insured persons in the private and oil sectors is the wage under the provisions of the Private Sector Labour Law. - The retirement pension prescribed for Kuwaiti workers in the private and oil sectorCommercial and Labour — Volume 9 · Source page ٨٠٣
  19. Principle 4063A worker’s basic wage. What is considered an addition to it and is treated in the same manner is what was paid to the worker on a regular - 803 - Labor continuous basis until it acquires a habitual character and is relieCommercial and Labour — Volume 9 · Source page ٨٠٣
  20. Principle 4064Calculation of the worker’s monthly wages on the basis that a month is thirty days. Its case and rationale.Commercial and Labour — Volume 9 · Source page ٨٠٤
  21. Principle 4066The worker's entitlement to overtime pay. Its cases and implications. The time the worker spends travelling from his residence to his workplace and back is not considered overtime, whatever means of transport he uses forCommercial and Labour — Volume 9 · Source page ٨٠٤
  22. Principle 4067The incentive bonus and overtime pay. The scope, basis and conditions of entitlement of each. - Inferring whether amounts granted to the worker were in return for effort for which he deserved an incentive bonus or in retCommercial and Labour — Volume 9 · Source page ٨٠٤
  23. Principle 4068The bonus or grant that the employer gives the worker in addition to the agreed wages. It constitutes a form of wage, whether the source of the obligation to pay it is agreement, the basic regulations, or an established Commercial and Labour — Volume 9 · Source page ٨٠٤
  24. Principle 4070The wage relied upon when calculating the end-of-service gratuity due to the worker is the last wage he received and includes everything given to the worker in return for the work he performs whenever it has become custoCommercial and Labour — Volume 9 · Source page ٨٠٤
  25. Principle 4072What is paid to the worker by the employer continuously and regularly, as a matter of habit, and upon which the worker relies in arranging his living affairs. It must be regarded as an addition to the basic wage. Its effCommercial and Labour — Volume 9 · Source page ٨٠٥
  26. Principle 4073Components of wages. They do not include what is provided to the worker on the occasion of work, such as the benefit of free medical treatment or an allowance for treatment expenses. The worker’s entitlement thereto depeCommercial and Labour — Volume 9 · Source page ٨٠٥
  27. Principle 4074Custom. A source of the employer’s obligation regarding grants and bonuses awarded to the worker. Its material and psychological elements. Their nature. Assessment of its existence is within the discretion of the court oCommercial and Labour — Volume 9 · Source page ٨٠٥
  28. Principle 4075A widow employed by the Kuwait Oil Company is entitled to a cost-of-living allowance immediately upon her husband’s death. Her entitlement to the family allowance. Is not conditional upon her supporting her children, unlCommercial and Labour — Volume 9 · Source page ٨٠٥
  29. Principle 4076Car allowance. When it is regarded as a component of wages. Drawing that conclusion. A matter for the court of merits. Provided it is reasonable.Commercial and Labour — Volume 9 · Source page ٨٠٥
  30. Principle 4077Precautionary suspension which the employer may impose on the worker. Its nature and effect on wages during that period. When the worker is entitled to his wages for it and when he is not. An example. - Wages in return fCommercial and Labour — Volume 9 · Source page ٨٠٥
  31. Principle 4078It is impermissible to deduct more than 10% of the worker's wage in payment of debts or loans owed to the employer. The employer shall not receive interest on them.Commercial and Labour — Volume 9 · Source page ٨٠٥
  32. Principle 4079The employer bears the burden of proving payment of wages, and is not discharged therefrom except by furnishing evidence that he has paid them. - 805 - LabourCommercial and Labour — Volume 9 · Source page ٨٠٥
  33. Principle 4080Agreement in the employment contract on the amount of the annual wage does not necessarily indicate that the contracting parties took into account, when assessing that wage, that it included pay for weekly rest days.Commercial and Labour — Volume 9 · Source page ٨٠٦
  34. Principle 4081Allowances included in the salary or monthly remuneration are not payable unless their basis exists. - The call-out allowance prescribed for investigation secretaries attached to the Public Prosecution. Not payable once Commercial and Labour — Volume 9 · Source page ٨٠٦
  35. Principle 4082Deduction from a worker's wage as a disciplinary penalty in the private sector. It is prohibited to exceed five days' wages per month.Commercial and Labour — Volume 9 · Source page ٨٠٦
  36. Principle 4083The absence from the Oil Operations Sector Labour Law of regulation of a particular matter. Its effect. The provisions of the Private Sector Labour Law must be applied to it. Article 2 of Law 28 of 1969 concerning LabourCommercial and Labour — Volume 9 · Source page ٨٠٦
  37. Principle 4084A worker’s wage. No deduction from, attachment of, or waiver of it is permissible except within the limits prescribed by law. Any term in the employment contract contrary to this is void. This does not preclude amendmentCommercial and Labour — Volume 9 · Source page ٨٠٦
  38. Principle 4085The worker’s wages. Their protection pursuant to Articles 32, 33 of 1964. Invalidity of every condition in an employment contract that contravenes the Labour Law. Permissibility of amending the contract’s terms by the wiCommercial and Labour — Volume 9 · Source page ٨٠٦
  39. Principle 4086Equality among workers in wages and benefits. Its condition. Application of this principle does not deprive the employer of his right to organise his establishment. - 806 - LabourCommercial and Labour — Volume 9 · Source page ٨٠٦
  40. Principle 4087The worker's entitlements. What is relied upon in calculating them. The last wage received, in addition to what is given to him in return for his work, whatever its form or designation. Its condition. That it assume a haCommercial and Labour — Volume 9 · Source page ٨٠٧
  41. Principle 4088The worker’s wage. The employer’s right to deduct therefrom to recover debts and loans owed to him. Its condition. The deduction must not exceed 10% of the wage. Its implication. Interest may not be obtained on such debtCommercial and Labour — Volume 9 · Source page ٨٠٧
  42. Principle 4089The wage on the basis of which the end-of-service gratuity is calculated. Its nature. - The maximum amount of the worker's salary covered by insurance and on the basis of which contributions and insured persons' entitlemCommercial and Labour — Volume 9 · Source page ٨٠٧
  43. Principle 4091The legitimate government’s declaration from exile of a state of civil disobedience. Its implication. All workers administering State utilities and institutions refraining from performing work. Performance of work by anyCommercial and Labour — Volume 9 · Source page
  44. Principle 4092The general rule regarding an obligation to pay a sum of money. It is to be in Kuwaiti currency. Permissibility of agreeing that payment shall be in foreign currency. This is not affected by the provisions of Article FivCommercial and Labour — Volume 9 · Source page
  45. Principle 4093Car allowance. When it is considered one of the components of the wage. - Grants and bonuses given by the employer to the worker in addition to basic pay. The general rule is that they are gratuitous. This characterisatiCommercial and Labour — Volume 9 · Source page
  46. Principle 4094What is paid to the worker by the employer continuously and regularly as a matter of habit, and on which the worker relies in organizing living affairs. Must be considered an addition to the basic wage. - The wage on theCommercial and Labour — Volume 9 · Source page
  47. Principle 4095Assessment of whether it is established that the worker left work for a reason attributable to the employer. A factual matter exclusively determined by the court of merits. The condition thereof. - The employer’s failureCommercial and Labour — Volume 9 · Source page
  48. Principle 4096Requiring the employer to pay the worker full wages throughout the treatment period specified by the physician if it does not exceed six months, and half his wages if it exceeds that period. Condition: that he was injureCommercial and Labour — Volume 9 · Source page
  49. Principle 4097Everything the employer pays to the worker in the form of bonuses, grants, commission, or allowance in addition to the basic wage falls within the meaning of wages prescribed by law and is governed by the same rules. ItsCommercial and Labour — Volume 9 · Source page
  50. Principle 4098No deduction from or attachment of a worker’s wage is permissible except within the limits and in the circumstances prescribed by law. - Any term in an employment contract contrary to its provisions is void. - There is nCommercial and Labour — Volume 9 · Source page
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