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. - مكافأة نهاية الخدمة

    Principle 4343The employer may dismiss the worker without notice and without gratuity. The specified circumstances in which this is permissible. These include the worker’s absence without lawful cause for more than 7 consecutive days.Commercial and Labour — Volume 9 · Source page ٨٤٢
  2. Principle 4344Assessing whether it is established that the worker left his work for a reason attributable to the employer’s breach of the provisions of the law or the contract, or negating the occurrence of any such matter. A matter oCommercial and Labour — Volume 9 · Source page ٨٤٢
  3. Principle 4345The worker’s right to terminate the employment contract while retaining entitlement to the gratuity whenever the employer breaches any of the obligations stipulated in the contract or the law. Assessment of whether this Commercial and Labour — Volume 9 · Source page ٨٤٢
  4. Principle 4346The wage on the basis of which the end-of-service gratuity is calculated. Its nature. - The maximum amount of the worker's salary that is insured and on the basis of which contributions and insured persons' entitlements Commercial and Labour — Volume 9 · Source page ٨٤٢
  5. Principle 4347End-of-service gratuity. The wage relied upon in calculating it. The last wage received by the worker, plus whatever is given to him in consideration of his work, whatever its form. Its condition. Its becoming customary.Commercial and Labour — Volume 9 · Source page ٨٤٢
  6. Principle 4348The worker's breach or failure to fulfil obligations imposed by the employment contract or the provisions of law. An independent ground permitting dismissal of the worker without notice or gratuity. - The appellant compaCommercial and Labour — Volume 9 · Source page ٨٤٢
  7. Principle 4350Dismissal of the worker without notice or gratuity. Permissible where the worker breaches or neglects the obligations imposed by the employment contract or the provisions of the law. The occurrence of serious loss to theCommercial and Labour — Volume 9 · Source page ٨٤٣
  8. Principle 4351Termination of the employment contract upon the dissolution of the establishment or the transfer of its ownership by inheritance or other legal dispositions. Consequence thereof: the arising of the worker’s right to claiCommercial and Labour — Volume 9 · Source page ٨٤٣
  9. Principle 4352A grant or bonus. Considered part of wages if the employer undertakes to pay it in the employment contract, a subsequent agreement, the work regulations or pursuant to custom. The condition therefor: habitual granting thCommercial and Labour — Volume 9 · Source page ٨٤٣
  10. Principle 4353Replacement of the end-of-service gratuity system by the old-age, disability, sickness, and death insurance system for those specified in the Social Insurance Law. Its implication. Under this system, the employer is bounCommercial and Labour — Volume 9 · Source page ٨٤٣
  11. Principle 4354The employer. Under the old-age, disability and death insurance scheme for Kuwaiti workers mentioned in Article Two of the promulgating provisions of the Social Insurance Law, he is liable only for the equivalent of the Commercial and Labour — Volume 9 · Source page ٨٤٣
  12. Principle 4355End-of-service gratuity. The worker is not entitled to it if dismissed for one of the reasons set out in Article 55 of Law 38 of 1964 concerning Labour in the Private Sector. - Assessment of whether it is established thaCommercial and Labour — Volume 9 · Source page ٨٤٤
  13. Principle 4356An employer may dismiss a worker without notice and end-of-service gratuity if he commits an act contrary to morals at the workplace. The worker's defence that the employer violated the concluding provision of Article 51Commercial and Labour — Volume 9 · Source page ٨٤٤
  14. Principle 4357The old-age, disability, and death insurance scheme. The employer is obliged thereunder only to pay the equivalent of the end-of-service gratuity at the rates set out in Article 54 of the Labour Law and the amount of theCommercial and Labour — Volume 9 · Source page ٨٤٤
  15. Principle 4358Termination of the employment contract upon the cessation of the establishment. Its cases. Its effect: the worker's right to claim employment entitlements, including the end-of-service gratuity, arises. - The worker's riCommercial and Labour — Volume 9 · Source page ٨٤٤
  16. Principle 4359End-of-service gratuity. The criterion for calculating it for the worker’s entire period of service. The period of service being considered one continuous period even if there are multiple employment contracts. The condiCommercial and Labour — Volume 9 · Source page ٨٤٤
  17. Principle 4360Depriving the worker of payment in lieu of notice and the end-of-service gratuity. Its criterion. Termination of service because one of the cases provided for in Articles 55, 56 of Law 38 of 1964 concerning Labour in theCommercial and Labour — Volume 9 · Source page ٨٤٥
  18. Principle 4361A request or defence submitted to the trial court, upon which a determination is unequivocally requested, and which could change the outcome of the case: the court must address it. Failure to do so. Its judgment is consiCommercial and Labour — Volume 9 · Source page ٨٤٥
  19. Principle 4362The worker in the private sector. The manner on the basis of which his end-of-service gratuity is calculated. Example.Commercial and Labour — Volume 9 · Source page ٨٤٥
  20. Principle 4363The wage relied upon when calculating the end-of-service gratuity. It is the last wage received by the worker and includes everything given to him in return for the work he performs pursuant to the employment contract, wCommercial and Labour — Volume 9 · Source page ٨٤٥
  21. Principle 4364The worker’s lack of entitlement to an end-of-service gratuity. Its cases: his entitlement to half the gratuity. Its condition. Articles 55, 56 of Private Sector Labour Law No. 38/1964. - The worker’s period of service. Commercial and Labour — Volume 9 · Source page ٨٤٥

  22. - بدل الإعلان والإنذار

    Principle 4380Notice before termination of an indefinite-term employment contract. The party terminating the contract may substitute for it payment to the other party of pay in lieu of notice. Article 17 of Law 28 of 1969. There is noCommercial and Labour — Volume 9 · Source page ٨٥٠
  23. Principle 4382Establishment that the respondent sold goods belonging to the appellant company and failed to remit their price. A breach of the obligations imposed upon him by the terms of the contract and the provisions of the Labour Commercial and Labour — Volume 9 · Source page ٨٥٠
  24. Principle 4383Rescission of an indefinite-term employment contract. The obligation of either party towards the other does not exceed the notice period if it is not observed. Compensation for rescission of the contract. Confined to fixCommercial and Labour — Volume 9 · Source page ٨٥٠
  25. Principle 4384Dismissal of a worker without notice or gratuity. Its cases. Article 55/z of Law 38 of 1964. His breach of the obligation of honesty in his work and of refraining from any conduct liable to undermine trust in him. Its suCommercial and Labour — Volume 9 · Source page ٨٥٠
  26. Principle 4385Depriving the worker of payment in lieu of notice. Its criterion. That dismissal be for one of the reasons set out in Article 55 of Law 38 of 1964 concerning Labour in the Private Sector before its repeal by Law 6/2010. Commercial and Labour — Volume 9 · Source page ٨٥١

  27. - الميزة الأفضل والمعاش التقاعدي

    Principle 4392A worker’s basic wage. What is considered an addition to it and is treated in the same manner is what is paid to the worker regularly and continuously until it acquires a habitual character, with reliance upon it by the Commercial and Labour — Volume 9 · Source page ٨٥٢
  28. Principle 4393The employer’s obligation under the old-age, disability, and death insurance system in respect of Kuwaiti workers. Its meaning. This obligation is not affected by other additional or supplementary benefits granted to itsCommercial and Labour — Volume 9 · Source page ٨٥٢
  29. Principle 4395The worker's more favourable benefit. The basis for its calculation. The employer's obligation to pay it to the Social Insurance Institution - 852 - Labour within 30 days of termination of the insured's service. The SociCommercial and Labour — Volume 9 · Source page ٨٥٢
  30. Principle 4396The old-age, disability, sickness, and death insurance scheme. Its replacement of the end-of-service gratuity scheme for Kuwaiti workers, and the establishment of a fund for these insurances that takes the place of emploCommercial and Labour — Volume 9 · Source page ٨٥٣
  31. Principle 4397Requiring employers to pay the end-of-service gratuity for workers in their employment at the time the Social Insurance Law entered into force to the insurance fund affiliated with the insurer, and the amount of the incrCommercial and Labour — Volume 9 · Source page ٨٥٣
  32. Principle 4398The criterion for enjoying the more favorable benefit for a person who entered service after the promulgation of Law 61 of 1976: the Social Insurance Institution must have approved that person’s enjoyment of this benefitCommercial and Labour — Volume 9 · Source page ٨٥٣
  33. Principle 4399The Public Institution for Social Security is the body entrusted with paying the value of the increase provided for in Article 82 of Law 61 of 1976 - the more favourable benefit - to insured persons and their beneficiariCommercial and Labour — Volume 9 · Source page ٨٥٣
  34. Principle 4400The old-age, disability, sickness and death insurance scheme. What the employer is obliged to provide under this insurance scheme. Its nature. - Benefiting from the more favourable benefit scheme and the criterion for clCommercial and Labour — Volume 9 · Source page ٨٥٣
  35. Principle 4401The more favourable benefit. Its nature. The Public Institution for Insurance is the body entrusted with paying that benefit, and that 575 the date of entry into force of Social Insurance Law 61 of 1976, even if the emplCommercial and Labour — Volume 9 · Source page ٨٥٤
  36. Principle 4402Insurance for Kuwaitis working in the private or oil sector. Compulsory. The retirement pension prescribed thereunder is in lieu of the end-of-service gratuity.Commercial and Labour — Volume 9 · Source page ٨٥٤
  37. Principle 4403Under the insurance system, the employer is liable only for the equivalent of the end-of-service gratuity at the rates set out in the Private Sector Labour Law, in addition to the amount of the increase if he is bound byCommercial and Labour — Volume 9 · Source page ٨٥٤
  38. Principle 4404The more favourable benefit is a right of insured persons, or their beneficiaries, who entered employment before the provisions of the Social Insurance Law took effect. The exclusive competence of the Public Institution Commercial and Labour — Volume 9 · Source page ٨٥٤
  39. Principle 4405Replacement of the end-of-service gratuity scheme by the old-age, disability, sickness and death insurance scheme for those specified in the Social Insurance Law. The consequence. Under this scheme, the employer is liablCommercial and Labour — Volume 9 · Source page ٨٥٤
  40. Principle 4406Replacement of the end-of-service gratuity scheme by the old-age, disability, sickness and death insurance scheme for the Kuwaiti workers mentioned in Article Two of the promulgating provisions of the Social Insurance LaCommercial and Labour — Volume 9 · Source page ٨٥٤
  41. Principle 4407The pensions and gratuities prescribed under the provisions of Part Three of Law 61/1976 for insured persons in the private and oil sectors offset the employer’s obligations under this insurance only to the extent equivaCommercial and Labour — Volume 9 · Source page ٨٥٤
  42. Principle 4408The 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 the rights of insured perCommercial and Labour — Volume 9 · Source page ٨٥٥
  43. Principle 4411The employer. His obligation towards the worker under the insurance scheme is equivalent to the end-of-service gratuity plus the value of the increase if he is bound by more favourable schemes. Article 54 of Law 38 of 19Commercial and Labour — Volume 9 · Source page
  44. Principle 4412The old-age, disability, and death insurance scheme. The employer is obliged thereunder only to pay the equivalent of the end-of-service gratuity at the rates set out in Article 54 of the Labour Law and the amount of theCommercial and Labour — Volume 9 · Source page
  45. Principle 4413The maximum amount of a worker's salary that is insured and on the basis of which contributions and entitlements for insured persons are calculated. 1250 dinars monthly. Its lack of connection with the wage relied upon uCommercial and Labour — Volume 9 · Source page
  46. Principle 4414The challenged judgment calculating the more favorable benefit due to the worker on the same bases that the worker invokes. Its import. The challenge is incorrect. Its effect. Its inadmissibility.Commercial and Labour — Volume 9 · Source page
  47. Principle 4415The old-age, disability, sickness and death insurance scheme. Its replacement of the end-of-service gratuity scheme. In respect of Kuwaiti workers mentioned in the promulgation articles of Law 61 of 1976. - The employer’Commercial and Labour — Volume 9 · Source page
  48. Principle 4417Life and permanent total disability insurance for employees of the National Petroleum Company. The condition for entitlement to it. Permanent total disability that wholly and permanently prevents the worker from pursuingCommercial and Labour — Volume 9 · Source page
  49. Principle 4418The legislature’s replacement of the end-of- - 856 - Labour service gratuity scheme by the old-age, disability, sickness and death insurance scheme for Kuwaiti workers mentioned in Article Two of the promulgating provisiCommercial and Labour — Volume 9 · Source page
  50. Principle 4423Rest periods. Not counted as part of the worker’s daily working hours. - Compensation for damage resulting from termination of a fixed-term employment contract:-Commercial and Labour — Volume 9 · Source page
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