Article 15 of the Saudi Employee Discipline Law
المادة 15 من نظام الانضباط الوظيفي
The article allows the Authority, in the cases it considers, to close the investigation or propose a penalty specifying the acts attributed, and to refer the file to the employee's body to issue the penalty decision as it sees fit.
Official text (Arabic)
This article has not been amended since the law was issued.
للهيئة -في الحالات التي تنظرها- أن تحفظ التحقيق، أو أن تقترح الجزاء المناسب على الموظف، مع بيان الأفعال المنسوبة إليه على وجه التحديد، وتحيل المعاملة إلى جهته الإدارية؛ لإصدار قرار الجزاء بذلك وفق ما تراه الجهة الإدارية.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 15 explained in plain English
This article explains what the Oversight and Anti-Corruption Authority may conclude in the cases it considers. It has one of two options:
- Closing the investigation: which under Article 1 is an administrative order issued by the investigating authority not to complete it if it sees no ground to proceed.
- Proposing the appropriate penalty for the employee, with a precise statement of the acts attributed to him.
If it proposes a penalty, the Authority refers the file to the administrative body to which the employee belongs to issue the penalty decision, as that administrative body sees fit. That is, the final decision on this path is issued by the administrative body, and the text leaves the assessment to it.
This is consistent with Article 1's definition of a penalty as any administrative penalty provided for in the Law.
This article comes after Article 14, which allows the body employing an employee finally sentenced in a criminal case to a penalty not requiring dismissal to refer him to the committee, and before Article 16, which requires the government body to give the Ministry of Human Resources and Social Development, the Authority, the General Court of Audit and the employee a copy of the penalty decision.
Anyone whose alleged violation the Authority has considered is advised to consult a lawyer specializing in administrative cases.
Practical example
The Oversight and Anti-Corruption Authority considered a violation attributed to an employee of a government body in Abha, and found that the act deserved a penalty short of dismissal. The Authority proposed the penalty and specified the acts attributed to him precisely, and referred the file to his body to issue the penalty decision as it sees fit.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentAdministrative Law lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Administrative Law (Board of Grievances) lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Al-Safwa Law Office and Legal Consultancy
Frequently asked questions about Article 15 of the Saudi Employee Discipline Law
What does the Oversight and Anti-Corruption Authority do after investigating an employee?
It may close the investigation, or propose the appropriate penalty with a precise statement of the acts attributed to him, and refer the file to his administrative body.
Who issues the penalty decision the Authority proposes?
The administrative body to which the employee belongs issues it as it sees fit.
What does closing the investigation mean?
It is an administrative order issued by the investigating authority not to complete it if it sees no ground to proceed, under the definition in Article 1.
More articles on Referral to the Anti-Corruption Authority
- Article 11
The article provides that a recommendation to dismiss an employee at grade 14 or 15 or their equivalents is referred to the Authority, which considers the dismissal before the competent court or returns it to the body with a proposal for another penalty.
إذا أوصت اللجنة بإيقاع جزاء الفصل على من يشغل أيًّا من المرتبتين (الرابعة عشرة) و(الخامسة عشرة) أو ما يعادلهما؛ فيحيل الوزير المخالفة المرتكبة من الموظف إلى اله
- Article 12
The article sets the cases in which employee violations are referred to the Oversight and Anti-Corruption Authority, which files the claim before the competent court, and that court may impose any penalty provided for in the Law.
أ- مع مراعاة اختصاصات الهيئة -المقررة نظامًا- يحال إليها الآتي: 1- الموظف الذي نسب إليه ارتكاب مخالفة في جهة حكومية غير التي يعمل فيها، أو الذي نقل منها بعد ارت
- Article 13
The article requires the Oversight and Anti-Corruption Authority to give the Ministry of Human Resources and the employee's body, if he is still a government employee, a copy of the final judgment issued against him.
تزود الهيئة وزارة الموارد البشرية والتنمية الاجتماعية والجهة الحكومية التي يتبع لها الموظف -إن كان لا يزال موظفًا حكوميًّا- بصورة من الحكم النهائي الصادر بحقه.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.