Background

An employee filed a case against a bank requesting that the court order it to pay his salaries.

The court ruled that the bank pay the employee 19272.151 Dinars.

The employee appealed and the appeal court upheld the ruling.

The employee appealed by cassation.

Decision

Before the cassation court the employee argued that the ruling had violated the law as the court established its ruling on the employee agreeing in advance to any future change to his contract, however, this condition violated the Kuwait Labour Law, Kuwait Law No. 38/1964 and Article 196 of the Kuwait Civil Law, Kuwait Law No. 67/1980.

The court held that this argument was invalid as Article 196 of the Civil Law stipulates that each party to a contract cannot dismiss or change the conditions of the contract unless the other party accepts such amendment.

The court therefore dismissed the appeal.