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. - انتهاء عقد العمل بالفصل التأديبي

    Principle 4818The worker's absence from work for six consecutive days without a legitimate reason. Its effect. The employer's right to terminate the contract unilaterally by dismissing the worker without notice and without an end-of-sCommercial and Labour — Volume 9 · Source page ٩٢٩
  2. Principle 4819The employer may dismiss the worker without notice and without a gratuity. The specified circumstances in which this is permissible. Among them is the worker’s absence without a legitimate reason for more than seven consCommercial and Labour — Volume 9 · Source page ٩٢٩
  3. Principle 4820Assessment of the existence or absence of justification for dismissal from work. A matter of fact, provided that it is sound. Example.Commercial and Labour — Volume 9 · Source page ٩٣٠
  4. Principle 4821Challenging a dismissal decision after its annulment. Absence of an interest therein. The reason. A challenge that achieves only a purely theoretical interest is disregarded. Example concerning dismissal from membership Commercial and Labour — Volume 9 · Source page ٩٣٠
  5. Principle 4822Determining the timing of the worker’s annual leave falls within the employer’s authority, not the worker’s. - The worker’s absence without legitimate cause for more than seven consecutive days. Effect. The employer may Commercial and Labour — Volume 9 · Source page ٩٣٠
  6. Principle 4824Expiry of the worker’s period of employment. Its effect. The employer’s obligation to cancel the work permit. - The worker’s absconding. Its effect. The employer must notify the Ministry of Interior and the competent LabCommercial and Labour — Volume 9 · Source page ٩٣٠
  7. Principle 4825Dismissal of a worker without notice or gratuity. Permissible where he breaches or fails to discharge his obligations imposed by the employment contract or the provisions of the law. The occurrence of a substantial loss Commercial and Labour — Volume 9 · Source page ٩٣١
  8. Principle 4826Assessment of the grounds for dismissing the worker and the worker’s breach of obligations. A question of fact. The trial judge has exclusive authority to assess it. Its condition.Commercial and Labour — Volume 9 · Source page ٩٣١
  9. Principle 4827Assessment of whether the worker breached his obligations and whether justification exists for dismissing him without notice or end-of-service gratuity, and assessment of evidence, presumptions, and documents. Matters foCommercial and Labour — Volume 9 · Source page ٩٣١
  10. Principle 4828Assessment of whether or not the worker has breached his obligations and whether or not justification exists for his dismissal without excuse or end-of-service gratuity. A matter of fact within the exclusive competence oCommercial and Labour — Volume 9 · Source page ٩٣١

  11. - تقدير قيام المبرر للفصل

    Principle 4830The employer has the right to determine the timing of the worker’s annual leave. The consequence thereof. The worker must obtain the employer’s approval before going on leave, and this approval must be clear and express.Commercial and Labour — Volume 9 · Source page ٩٣١
  12. Principle 4831The judgment’s reasonable conclusion that the grounds for dismissing the worker are established. Argument over this is factual.Commercial and Labour — Volume 9 · Source page ٩٣٢
  13. Principle 4832The existence of grounds for dismissing the worker without notice and without a gratuity. Its assessment is exclusively for the trial judge.Commercial and Labour — Volume 9 · Source page ٩٣٢
  14. Principle 4833Grounds for dismissing a worker. The judge of merits independently assesses them. The worker’s breach of his obligations is sufficient to establish them, without requiring observance of what is provided in the disciplinaCommercial and Labour — Volume 9 · Source page ٩٣٢
  15. Principle 4834Dismissal of the worker is within the employer’s authority.، Dismissal of the worker if he breaches the obligations imposed upon him. Assessment of this breach is within the authority of the court determining the merits.Commercial and Labour — Volume 9 · Source page ٩٣٢
  16. Principle 4835Assessing whether justification exists for dismissing the worker for any of the reasons stipulated in Article (55) of the Labour Law. A matter of fact independently assessed by the trial judge. He may accept what he findCommercial and Labour — Volume 9 · Source page ٩٣٢
  17. Principle 4837Assessment of the existence of justification for dismissing a worker from employment. Within the authority of the trial court. The condition therefor. That its assessment be based on sound grounds that do not contradict Commercial and Labour — Volume 9 · Source page ٩٣٢
  18. Principle 4838Assessment of whether the worker breached his obligations towards the employer and whether justification exists for dismissing him without notice or an end-of-service gratuity. A matter of fact. The condition for this. ACommercial and Labour — Volume 9 · Source page ٩٣٣
  19. Principle 4842The employer has the authority to organize his establishment and determine a retirement age for those employed by him. Termination of the employment contract because the work reaches this age is not characterized as arbiCommercial and Labour — Volume 9 · Source page ٩٣٤

  20. - انتهاء عقد العمل بهروب العامل

    Principle 4843The legislature's substitution of the old-age, disability, sickness and death insurance system for the end-of-service gratuity system for Kuwaiti workers mentioned in Article 2 of the promulgating provisions of Social InCommercial and Labour — Volume 9 · Source page ٩٣٤

  21. فسخ عقد العمل

    Principle 4845Writing in the notice by one party to an indefinite-term contract terminating the contract. A means of proving that it occurred, not a condition of its validity. Its effect. The parties to the contract may prove that it Commercial and Labour — Volume 9 · Source page ٩٣٤
  22. Principle 4846Rescission of a fixed-term employment contract. The employer’s obligation to compensate the worker if there is no stipulation in the contract. The compensation encompasses all harm suffered by him. The condition thereof.Commercial and Labour — Volume 9 · Source page ٩٣٥
  23. Principle 4847The worker’s leaving his work before the end of the contractual term for a reason attributable to the employer’s breach of the provisions of the contract or the law. Its assessment is a matter of fact.Commercial and Labour — Volume 9 · Source page ٩٣٥
  24. Principle 4848The employer's breach of one of his obligations towards the worker. Its effect. The worker may terminate the employment contract while retaining his entitlement to the end-of-service gratuity and compensation for the damCommercial and Labour — Volume 9 · Source page ٩٣٥
  25. Principle 4849Rescission of the contract by the employer for reasons other than those stipulated in Article 55 of the Labour Law. Its effect. His obligation to pay compensation. Limits of compensation. - Identification of the elementsCommercial and Labour — Volume 9 · Source page ٩٣٥
  26. Principle 4850The employer’s obligation under a fixed-term contract to compensate the worker for the remainder of the contract term if the contract is terminated by the employer, unless a condition in the contract requires it. An examCommercial and Labour — Volume 9 · Source page ٩٣٥
  27. Principle 4851A fixed-term employment contract does not oblige either party to pay compensation in lieu of notice to the other upon its termination for failure to observe the notice period, unless notice of termination has been agreedCommercial and Labour — Volume 9 · Source page ٩٣٥
  28. Principle 4852The employer’s obligation to compensate the worker for all damage sustained by him where the employer rescinds the fixed-term contract for reasons other than those provided for by law and unless there is a stipulation inCommercial and Labour — Volume 9 · Source page ٩٣٥
  29. Principle 4853The employer’s obligation to compensate the worker for the damage sustained by him as a result of rescission unless there is a clause in the employment contract.Commercial and Labour — Volume 9 · Source page ٩٣٦
  30. Principle 4854Agreement of the parties to an employment contract to amend its terms during the subsistence of the employment relationship. Not prohibited. The basis for this. What either party to an employment contract owes the other Commercial and Labour — Volume 9 · Source page ٩٣٦
  31. Principle 4855The parties to an indefinite-term employment contract. What each owes the other in the event of its rescission does not exceed payment in lieu of notice. Compensation for rescission of the contract is confined to fixed-tCommercial and Labour — Volume 9 · Source page ٩٣٦
  32. Principle 4857Agreement by the parties to an employment contract on the compensation payable if the employer cancels it before its term expires. Its effect. Giving effect to its provision as a rebuttable legal presumption of the occurCommercial and Labour — Volume 9 · Source page ٩٣٦
  33. Principle 4858An employment contract of indefinite duration. Either party may terminate it. Its consequence. The contract ends upon one party notifying the other. Its implication. The other party has no choice as to accepting or rejecCommercial and Labour — Volume 9 · Source page ٩٣٦

  34. عمال النفط

    Principle 4864The Labour Law in the Oil Business Sector. Its application to oil workers to the exclusion of others. Matters for which no provision is made in this Law. Their subjection to the provisions of the Labour Law in the PrivatCommercial and Labour — Volume 9 · Source page ٩٣٨
  35. Principle 4865Equal treatment of workers. Law 38 of 1964 concerning Labour in the Private Sector. Its non-application to Kuwaiti workers in the oil sector working in national companies who are subject to the provisions of Law No. 28 oCommercial and Labour — Volume 9 · Source page ٩٣٨
  36. Principle 4866Law 28 of 1969 concerning Labour in the Oil Operations Sector. Its application to Kuwaitis employed by national companies. Its implication. There is no room to apply the equalization rule stipulated in the Labour Law forCommercial and Labour — Volume 9 · Source page ٩٣٨
  37. Principle 4867Non-Kuwaiti oil-sector workers. The Labour Law in the Oil Operations Sector does not apply to them. Their entitlements must be calculated under the Labour Law in the Private Sector.Commercial and Labour — Volume 9 · Source page ٩٣٨
  38. Principle 4868Absence of Kuwaiti status in a worker in the oil sector. The applicable law is the Private Sector Labour Law, not the Oil Operations Sector Labour Law. Its implication is the worker’s entitlement to pay for overtime, weeCommercial and Labour — Volume 9 · Source page ٩٣٨
  39. Principle 4869End-of-service gratuity for a deceased worker. Article 18 of Law 28/1969 concerning labour in the business sector - 938 - Labour oil. Calculation of the gratuity from the date of commencing work. Not another date, the daCommercial and Labour — Volume 9 · Source page ٩٣٨
  40. Principle 4870Oil workers. The employer’s obligation to provide medical care free of charge to them and their families. Their right to sick leave. Including 6 months free of charge annually. How illness is established and disputes oveCommercial and Labour — Volume 9 · Source page ٩٣٩
  41. Principle 4872What is meant by oil operations employers and oil workers. - Agreement in an employment contract on the amount of the annual wage does not necessarily indicate that the contracting parties took into consideration, when aCommercial and Labour — Volume 9 · Source page ٩٣٩
  42. Principle 4874The 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 ٩٣٩
  43. Principle 4875Matters for which no provision is made in the Labour Law for the Oil Sector are governed by the provisions of the Private Sector Labour Law. The former law’s absence of provisions regulating compensation for occupationalCommercial and Labour — Volume 9 · Source page
  44. Principle 4876Matters for which no provision is made in the Labour Law for the Oil Operations Sector are subject to the provisions of the Private Sector Labour Law. An example concerning the absence in the Oil Sector Labour Law of regCommercial and Labour — Volume 9 · Source page
  45. Principle 4878Determining the timing of the worker's annual leave is within the authority of the employer, not the worker. - The worker's absence without a legitimate reason for more than seven consecutive days. Its effect. The employCommercial and Labour — Volume 9 · Source page
  46. Principle 4879The absence in the Labour Law for the Oil Operations Sector of regulation of a particular matter. Its effect. The provisions of the Labour Law for the Private Sector must be applied to it. Article 2 of Law 28 of 1969 conCommercial and Labour — Volume 9 · Source page
  47. Principle 4883An oil-sector worker's entitlement to compensation from the employer for his injury. Its prerequisite. - The employment contract during the worker's conscription. A contract suspended until his return. Its effect. SuspenCommercial and Labour — Volume 9 · Source page
  48. Principle 4884Compensation of National Petroleum Company workers for bodily injuries or fatal accidents occurring to them while outside Kuwait. Its condition. Their injuries must have occurred while carrying out official or training mCommercial and Labour — Volume 9 · Source page
  49. Principle 4886Life and permanent total disability insurance for workers at the National Petroleum Company. The condition for entitlement thereto. Permanent total disability that wholly and permanently prevents the worker from engagingCommercial and Labour — Volume 9 · Source page
  50. Principle 4887The insurance policy concluded by the National Petroleum Company. Is the reference governing the benefits available to its workers in cases of death and total or partial disability resulting from injury or illness, as anCommercial and Labour — Volume 9 · Source page
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