Compensation for termination or cancellation of the employment contract in Kuwaiti law.
Compensation for termination or cancellation of the employment contract:
It is decided - in the jurisdiction of this court - that the trial court is not obligated to answer the request for referring the case to the investigation whenever it finds sufficient elements in the case to form its doctrine to adjudicate it. Whereas that, and the contested judgment was presented to the appellant's defense the cited in the obituary and put it on a document that he concluded from what is proven in the papers that the work contract concluded between the two parties is a fixed-term contract and its duration is limited to two years and that there are no conditions for how to terminate it or what is useful It is related to the contract concluded between the contestant and the Ministry of Defense, in existence and not, and then the judgment arranged for that to be judged by the respondent’s entitlement to compensation for the annulment of the contestant for this contract before the expiration of its term. To what was concluded and there was no disgrace to the court from yet if it did not respond to the appellant’s request, to refer the case to investigation to prove that the contract is for an indefinite period as long as it found enough elements in the case to form its doctrine in this regard.
(Appeal 62/2002 Labor session 1/20/2003)
It is decided that the author of the text of Article 53 of Law No. 38 of 64 in the matter of work in the private sector in its third paragraph is that if the work contract is of a fixed term and its termination is signed by the employer and for other than the reasons stipulated in Article 55 of this law, then it is He is obligated to compensate the worker for all damages that befall him as a result of this dismissal. And if that was, and it was stated in Clause (First) of the work contract that is the subject of the dispute that “the term of this contract is two years, which can be automatically renewed for a similar period unless one of the parties notifies the other in writing of his desire to terminate this contract by a date less than two months.” This means that the contract is contracted for a period of Specific and it is two years and it does not end until its full expiration. That is, it is the right to terminate it for either of the two parties that is only at the end of this period, and it is not an absolute right that he can use at any time, and it is the meaning that the phrases of this clause perform and is closest to the intention of its two parties, and that what came to its end is that it is automatically renewable unless one of the two parties notifies the other In writing, his desire to terminate it by a deadline of two months, but it is a confirmation of this meaning, that the contract expires at the end of its term and is not renewed, and this does not change the nature of the fixed-term contract. Consequently, this contract is subject in its effects to the provisions of the third paragraph of Article (53) of the Labor Law, the aforementioned statement, if the employer terminates it before the end of its term and for reasons other than those mentioned in Article (55) of this law. And if the contested judgment contravened this consideration, and considered that the contract was of an indefinite period, and thereby withheld himself from discussing the extent of the appellant's entitlement to compensation for its termination before the end of its term, then it is defective by error in the application of the law and failure to cause, which must be distinguished.
(Appeal 161/2002 Labor session 12/29/2003)
If the legislator failed in Article 53 of the Labor Law in the private sector to compensate for the termination of the work contract on fixed-term contracts, the subject matter of the appeal - regarding what distinguished the appealed ruling - must be judged by canceling the appealed judgment and rejecting the case.
(Al-Taanan 71, 74/2003, Labor session 16/2/2004)
The implication of the text of the third paragraph of Article 53 of the Labor Law in the Private Sector is that unless there is a condition in the fixed-term work contract, if the termination is signed by the employer for reasons other than those stipulated in Article 55 of the same law, he is obligated to compensate the worker for all damages that befall him As a result of the annulment while noting what affects the determination of these damages from the current custom, the nature of the work, the period contracted on it, and other considerations and factors that focus on the damage itself and are estimated by its extent, and provided that the estimate does not in any case exceed the maximum damage that can occur to this image, which is the value The college will pay for the remaining period of the contract after its termination, and it is decided that the assessment of compensation that is proportional to that damage is what the trial court is independent without being punished, as long as it has based its assessment on reasonable considerations that lead to what it has concluded in its judgment, and it has within the limits of its discretionary authority to take a report When the expert is satisfied with him and is convinced of the correctness of his reasons without being obligated to respond independently to the appeals directed at this report, because when they are taken with it based on his reasons, there is evidence that she did not find in those appeals what deserves to be answered by more than what is included in it. the report. Whereas that was, and the appealed ruling had established his judiciary on what he extracted from the papers and the report of the expert whom the court was satisfied with, and the compensation owed to the appellant was estimated at the equivalent of three months' wages, considering that this amount is sufficient to compensate him for the damage he suffered from the termination of his work contract before the end of its term, Taking into account the extent and extent of the damage, and is committed to assessing the compensation for compensation, it has the considerations and controls referred to in Article 53 of the Labor Law, which was previously mentioned, and it has a fixed origin in the papers and justifies what was concluded, so what the appellant raises due to the appeal is dissolved into an argument regarding the matter court His discretionary power cannot be raised before the Court of Cassation, so the entire obituary becomes unacceptable.
(Appeal 9/2003 Labor session 4/10/2004)
It is decided - in the judiciary of this court - to gain an understanding of the reality in the case, assess the evidence and documents presented therein, balance between them, take what is reassuring to him, discard what is reassured by it, discard what is reassured by it, even if it is possible, and extract the availability of a justification for dismissal from work or the absence of this justification, which is what the trial court is independent of. It established its judiciary on favorable reasons that have its intake of papers and are sufficient to carry it, and the defect of the judgment in one of the two pillars on which the judiciary is based will be unproductive if the other pillar is valid and sufficient to carry the judgment. Whereas that, and the primary judgment supported by the appealed ruling for its reasons has established the judgment of the respondent's entitlement to the end of service reward and compensation for the remainder of the contract period based on what he extracted from the papers and documents presented in the lawsuit that the reason for terminating the work relationship that binds it to the appellant is due to him and not because of its absence Without an excuse, based on the instructions issued by the British Embassy in Kuwait to its citizens, including those challenged against, to leave as a result of the events that Iraq is going through and the tension in the region at that time on 2/19/2003, and on what was included in the picture of the letter dated 3/31/2003 referred to in the following The obituary, and what the appealed verdict concluded that there was no justification for terminating the service of the respondent - within the limits of his discretionary authority - was palatable, and he had a certain number of papers, and it would lead to the result that he ended up with enough to carry his judgment in this regard, considering that the photograph Of the documents, although they have no binding legal significance, they are subject to the absolute authority of the matter court of discretion, and if this pillar was sufficient to carry the judgment of the judgment in regard to the unavailability of a justification for the termination of the mother’s service Appeals against her and her entitlement to the end-of-service bonus and compensation for the remainder of the contract period in order for that, if his fault with what he mentioned in another pillar of this judiciary from considering the events of Iraq as a forced circumstance to leave Kuwait without permission from the appellant - whatever the opinion about it - is not productive, and the obituary is The whole is unfounded.
(Appeal 177/2005 Labor session 11/29/2006)
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