FCC 1323150/2015
Type
Case
Court
French Court of Cassation
Jurisdiction
Kuwait, France
Taxonomy
Contract & Conditions of Employment, General Employment & Labour Law
Copyright
LexisNexis
Decision date
15 Apr 2015
Catchwords
Employment Contract – Application of French Law
The judgment has rightly ruled that French law was not applicable to an employment contract which stated the employee was hired to exclusively participate in the technical assistance mission in Kuwait, it was not disputed that throughout the employment contract, the employee had worked exclusively in the country mentioned in the contract and was signed in Kuwait City. The contract was written in Arabic and part of the remuneration paid to the employee was in Kuwaiti currency. The employee was not part of a French mandatory social security scheme and he had no home in France when he was hired. For many years, the French Court of appeal was entitled to infer that the law which applied where there had not been a choice by the parties was Kuwaiti law. The employment contract did not show closer links with another country.