KCC 939/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Rights & Duties of Employees & Employers, General Education Law, General Employment & Labour Law
Copyright
LexisNexis
Decision date
11 Apr 2005
Catchwords
Employee’s Rights – Service Period – Scholarship Contract – Employee’s Service
This case involved whether a period an employee had spent studying abroad under a scholarship contract should be added to their service. Even though the employee was obliged to return to work for the employer under the contract after the study was complete they were not treated as an employee during that period.
Background
The claimants filed a case against a defendant and requested the court to order the defendant to add a period they had spent studying abroad to their service period.
The court rejected the case.
The claimants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The claimants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. They stated the scholarship contract obliged the student to return to work with the defendant and so the student should be considered an employee.