القرار الإداري السلبي بامتناع الجهة الإدارية عن صرف مكافأة نهاية الخدمة: تعليق على حكم المحكمة الدستورية الكويتية رقم 6 لسنة 2019 بجلسة 16-1-2022

Abstract EN

The Kuwaiti civil service council issued a decision that obliges the employee to some employees whose job relationship has ended to submit a leave notice as a condition for obtaining the end of service gratuity.

the decision entailed inequality between similar legal positions.

the employee whose job relationship has ended, to obtain his financial dues is a right for him and a duty on the management.

the negative administrative decision was represented by the administrative authority's refusal to pay the end-of-service gratuity due to the employee after the separation of his employment relationship.

the Kuwaiti constitutional court held a meeting of the defect of illegality and unconstitutionality in it, which is what it is doing to seriously push for unconstitutionality.

the study recommended the necessity of equality between similar legal positions for the public servant.

the administration recommended the stability of legal centers and not endangering the interests of individuals by not refusing or refraining from taking a decision that it should have taken in accordance with the laws and regulations.