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. التزامه بالميزة الأفضل

    Principle 4628The employer’s obligation to provide the additional or supplementary benefits he establishes for his workers under a special pension, savings or insurance scheme he creates. In addition to the equivalent of the end-of-seCommercial and Labour — Volume 9 · Source page ٨٩٤
  2. Principle 4629The employer’s obligation under the old-age, disability, and death insurance scheme to pay the equivalent of the end-of-service gratuity and the amount of the increase if bound by more favorable pension, gratuity, or savCommercial and Labour — Volume 9 · Source page ٨٩٤
  3. Principle 4630Employers being bound with their workers by a pension, gratuity or savings scheme securing better benefits for them. The obligation thereunder rests upon employers, who pay it to the Social Insurance Institution, which pCommercial and Labour — Volume 9 · Source page ٨٩٤
  4. Principle 4631The more favourable benefit for the worker. The basis for its calculation. The employer’s obligation to pay it to the Social Insurance Institution within 30 days of termination of the insured’s service. The Social InsuraCommercial and Labour — Volume 9 · Source page ٨٩٤
  5. Principle 4632The 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 replacing employers in paying wCommercial and Labour — Volume 9 · Source page ٨٩٤
  6. Principle 4636The old-age, disability, sickness, and death insurance scheme. What the employer is obliged to provide under this insurance scheme. Its nature. - Eligibility under the more favorable benefit scheme and the basis for claiCommercial and Labour — Volume 9 · Source page ٨٩٥
  7. Principle 4637The more favourable benefit. Its nature. The Public Institution for Social Security is the entity entrusted with paying that benefit from the effective date of Social Security Law 61 of 1976, even if the employer has notCommercial and Labour — Volume 9 · Source page ٨٩٥
  8. Principle 4639Under the insurance scheme, 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 value of the increase if he is bound by Commercial and Labour — Volume 9 · Source page ٨٩٦
  9. Principle 4642The pensions and gratuities prescribed under the provisions of Part Three of Law 61/1976 for insured persons in the private and oil sectors. They correspond to the employer’s obligations under this insurance only to the Commercial and Labour — Volume 9 · Source page ٨٩٦
  10. Principle 4643The employer. Under the old-age, disability and death insurance system, he is obliged only to pay the equivalent of the end-of-service gratuity at the rates set out in Article 54 of Private Sector Labour Law 38 of 1964. Commercial and Labour — Volume 9 · Source page ٨٩٦
  11. Principle 4644The employer’s obligation in respect of old-age, disability and death insurance for Kuwaiti workers in an amount equivalent to the end-of-service gratuity, plus the value of the increase if he is bound by better pension Commercial and Labour — Volume 9 · Source page ٨٩٦
  12. Principle 4645The salary of insured persons. Its treatment as the maximum limit for calculating their contributions and insurance entitlements. Example.Commercial and Labour — Volume 9 · Source page ٨٩٧
  13. Principle 4647The old-age, disability and death insurance scheme. Under it, the employer is obligated only for the equivalent of the end-of-service gratuity at the rates set out in Article 54 of the Labour Law and the value of the incCommercial and Labour — Volume 9 · Source page ٨٩٧
  14. Principle 4648The maximum amount of the worker's salary covered by insurance and on the basis of which contributions and entitlements of insured persons are calculated. 1250 dinars per month. Its lack of connection with the wage relieCommercial and Labour — Volume 9 · Source page ٨٩٧
  15. Principle 4650The old-age, disability, sickness and death insurance scheme. Its replacement of the end-of-service gratuity scheme. With respect to Kuwaiti workers mentioned in the promulgation articles of Law 61 of 1976. - The employeCommercial and Labour — Volume 9 · Source page ٨٩٧
  16. Principle 4652The employer. Under the old-age, disability, and death insurance scheme for Kuwaiti workers mentioned in Article 2 of the promulgating provisions of the Social Insurance Law, he is liable only for the equivalent of the eCommercial and Labour — Volume 9 · Source page ٨٩٨

  17. أ- التزامه بالتعويض عن إصابة العامل

    Principle 4654Awarding compensation to the worker on the basis that employing the worker in work exceeding the worker’s personal capacity caused injury, without investigating the employer’s defence that new workers had been appointed Commercial and Labour — Volume 9 · Source page ٨٩٩
  18. Principle 4655The worker’s intentional injury of himself or his injury resulting from gross and intentional conduct on his part. Its effect is to deprive him of compensation for the work injury. Permanent disability exceeding 25% remaCommercial and Labour — Volume 9 · Source page ٨٩٩
  19. Principle 4656Compensation of the worker for a work injury - Its condition is that the accident occur because of and during the performance of work. An injury sustained by the worker while on the way is not a work injury.Commercial and Labour — Volume 9 · Source page ٨٩٩
  20. Principle 4657The worker’s entitlement to wages during the period of treatment for an injury. Its criterion is that the injury be an occupational injury.Commercial and Labour — Volume 9 · Source page ٨٩٩
  21. Principle 4658The employer’s obligation to compensate the worker for his injury - Its condition - Assessment of this compensation is a question of fact received by the court of merits, provided that it bases its judgment on sound reasCommercial and Labour — Volume 9 · Source page ٨٩٩
  22. Principle 4659The employer’s obligation to pay statutory compensation to the worker if he is injured in an accident caused by and occurring during work. Assessment of whether the injury is such is within the authority of the trial couCommercial and Labour — Volume 9 · Source page ٨٩٩
  23. Principle 4660Determining whether the worker's injury is an occupational injury or the result of a pathological condition is within the authority of the court of merits.Commercial and Labour — Volume 9 · Source page ٨٩٩
  24. Principle 4661Combining 2 compensations is impermissible unless it constitutes recourse for harm remaining uncompensated. Example. An action for lump-sum compensation for injury to the deceased. Recovery of Sharia-prescribed blood monCommercial and Labour — Volume 9 · Source page ٨٩٩
  25. Principle 4662Establishing or negating a work injury. A question of fact independently determined by the court of merits, provided that its assessment is reasonable.Commercial and Labour — Volume 9 · Source page ٩٠٠
  26. Principle 4663The State’s guarantee to compensate the injured party for the injury. A subsidiary guarantee. It does not arise where another person is obliged to pay compensation. Its effect. The person who has paid the injured party hCommercial and Labour — Volume 9 · Source page ٩٠٠
  27. Principle 4664The injured person’s receipt of lump-sum compensation for injury under the Labour Law does not prevent him from having recourse against the liable person for compensation for the other elements of damage.Commercial and Labour — Volume 9 · Source page ٩٠٠
  28. Principle 4665The worker’s injury because of work or during it. The employer’s obligation to compensate for it. The trial court has authority to assess this.Commercial and Labour — Volume 9 · Source page ٩٠٠
  29. Principle 4666Work accident and work injury. The meaning of each. - Decision of the Minister of Social Affairs and Labor No. 66/1983 concerning the schedule determining disability percentages applies to accidents occurring on the dateCommercial and Labour — Volume 9 · Source page ٩٠٠
  30. Principle 4667Injured non-Kuwaiti military personnel. The provisions of Law 70/1980 apply to their injuries sustained during work. Their injury while going to or returning from work gives them the right to compensation, provided that Commercial and Labour — Volume 9 · Source page ٩٠٠
  31. Principle 4668An occupational injury may have arisen from an accident occurring during and because of work. Its being regarded as such is not precluded by the accident having occurred on a weekly rest day or an official holiday, or awCommercial and Labour — Volume 9 · Source page ٩٠٠
  32. Principle 4669The employer’s insurance against work accidents. Its nature. - Assessment of the extent of the insured’s liability for the injury and whether that liability is or is not covered by the insurer’s coverage. A factual matteCommercial and Labour — Volume 9 · Source page ٩٠٠
  33. Principle 4670The worker’s lack of entitlement to compensation for a work injury. Its two cases: his intentionally inflicting it upon himself or its arising from gross and intentional misconduct on his part. The condition thereof. ThaCommercial and Labour — Volume 9 · Source page ٩٠١
  34. Principle 4671A new defence involving facts that was not previously raised before the court of merits. It may not be invoked for the first time before the Court of Cassation. An example concerning reliance on the existence of a customCommercial and Labour — Volume 9 · Source page ٩٠١
  35. Principle 4672Compensation determined by the Tripartite Committee for occupational injuries to State employees pursuant to the schedule of diyas and Minister of Social Affairs Decision 66/1983 constitutes a Sharia diya. Its implicatioCommercial and Labour — Volume 9 · Source page ٩٠١
  36. Principle 4673Compensation for work injuries sustained by civilian employees of the State without fault on its part. No obligation to pay it rests upon the State. The responsible person’s obligation to pay it to the injured party. - DCommercial and Labour — Volume 9 · Source page ٩٠١
  37. Principle 4674Occupational injury. Its nature. - The employer’s obligation to compensate the worker for an occupational injury. Its condition: the accident occurred because of the work and during its performance.Commercial and Labour — Volume 9 · Source page ٩٠١
  38. Principle 4675Clarity of the statutory provision. Its consequence: it is impermissible to depart from it or construe it. An example concerning compensation for a work injury.Commercial and Labour — Volume 9 · Source page ٩٠١
  39. Principle 4676The competence of the Medical Arbitration Committee to determine disputes concerning the treatment period, residual infirmity and the ability to continue working. Ministerial Decision 23/1974 concerning the Regulation ofCommercial and Labour — Volume 9 · Source page ٩٠١
  40. Principle 4677Determination of compensation for an occupational injury. Its basis. The percentage of permanent disability arising from the injury. Its calculation on - 901 - Labour the wages the worker received when his condition stabCommercial and Labour — Volume 9 · Source page ٩٠١
  41. Principle 4678The worker or those entitled after him have the right to compensation for a work injury. Cases of non-entitlement to compensation.Commercial and Labour — Volume 9 · Source page ٩٠٢
  42. Principle 4679Work accident and work injury. The meaning of each in Law No. 38/1964 concerning labour in the private sector. - Establishing or negating a work injury. A factual matter independently determined by the trial court so lonCommercial and Labour — Volume 9 · Source page ٩٠٢
  43. Principle 4680The worker or the beneficiaries after him have the right to compensation for work injury. Cases of non-. entitlement to compensation. - The legislature granted every worker injured in work accidents the right to compensaCommercial and Labour — Volume 9 · Source page
  44. Principle 4681Compensation assessed by the committee formed by the Minister of Justice and Legal Affairs and the Minister of Finance for death, injury and disability during and because of work. Its basis in the schedule of diyas and MCommercial and Labour — Volume 9 · Source page
  45. Principle 4682The worker’s injury caused by work or occurring during it. The employer’s obligation to compensate for it pursuant to Ministerial Decision No. 66/1983. The criterion for compensation and the manner of its calculation.Commercial and Labour — Volume 9 · Source page
  46. Principle 4683Compensation of Kuwaiti workers employed by employers for work injuries and occupational diseases in accordance with the provisions of the Labour Law in the Private Sector, even if they have been insured, so long as no dCommercial and Labour — Volume 9 · Source page
  47. Principle 4684Matters for which no provision appears in the Labor Law in the Oil Operations Sector are governed by the provisions of the Labor Law in the Private Sector. The absence from the former law of provisions regulating compensCommercial and Labour — Volume 9 · Source page
  48. Principle 4685Flagrant misconduct on the worker’s part. Its meaning. His excessive deviation from proper conduct, exceeding gross fault without reaching the degree of intending the result, by undertaking an act or refraining from it wCommercial and Labour — Volume 9 · Source page
  49. Principle 4686The full daily wage received by the worker. The basis for calculating the amount of compensation due for permanent disability resulting from an occupational injury. Reason therefor. Article 65 of Law 38 of 1964 and MinisCommercial and Labour — Volume 9 · Source page
  50. Principle 4687The court of merits has the power to ascertain and understand the facts and to establish or negate a work injury. The condition thereof is that it base its judgment on reasonable grounds. - The opinion of the Medical ArbCommercial and Labour — Volume 9 · Source page
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