Article 3 of the Saudi Employee Discipline Law
المادة 3 من نظام الانضباط الوظيفي
The article provides that the Employee Discipline Law applies to all employees, except those whose laws regulate penalties with special rules, who are treated under those rules.
Official text (Arabic)
This article has not been amended since the law was issued.
يسري النظام على جميع الموظفين عدا من يعملون وفقًا لأنظمة ينظم فيها الجزاء بقواعد خاصة؛ فيعاملون وفقًا لتلك القواعد، وفي حدود ما تتضمنه من أحكام.
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 3 explained in plain English
This article sets out to whom the Law applies. The general rule is that it applies to all employees.
To understand who an "employee" is here, refer to the definition of public employee in Article 1: anyone who works for the State or for a body with public legal personality in a civil job, in any capacity, whether permanent or temporary. The definition does not limit the Law to the permanent employee, but also covers the temporary worker as long as his job is civil.
The exception: Those who work under laws that regulate penalties with special rules for them. These are treated under those special rules, within the limits of the provisions they contain. The article does not name these laws; what matters is that special penalty rules exist in the law under which the employee works.
This article follows Article 2, which sets out the aims of the Law, and precedes Article 4, which sets the first safeguard for the employee, namely that no penalty may be imposed on him except after investigating him, confronting him and hearing his statements.
If an employee is unsure which disciplinary regime applies to him because of the nature of his job, it is appropriate to consult a lawyer specializing in administrative cases.
Practical example
Sara works in a government body in Riyadh on a temporary contract in a civil job. Her body attributed an administrative violation to her, and she wondered whether the Employee Discipline Law covers her. Under Article 3 and the definition of public employee in Article 1, the Law applies to her because the definition includes those who work on a temporary basis, unless she works under a law that regulates penalties with special rules.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 3 of the Saudi Employee Discipline Law
Does the Employee Discipline Law apply to a temporary employee?
The Law applies to all employees, and the definition of public employee in Article 1 includes those who hold a civil job permanently or temporarily, unless he works under a law that regulates penalties with special rules.
Who is excepted from the Employee Discipline Law?
Those who work under laws in which penalties are regulated with special rules are excepted, and are treated under those rules and within the limits of the provisions they contain.
More articles on Scope of the Employee Discipline Law
- Article 1
The article defines the key terms of the Employee Discipline Law, such as public employee, disciplinary violation, penalty, suspension from duty and closing an investigation.
يقصد بالألفاظ والعبارات الآتية -أينما وردت في هذا النظام- المعاني الموضحة أمام كل منها: النظام: نظام الانضباط الوظيفي. اللائحة: اللائحة التنفيذية للنظام. الوزير
- Article 2
The article explains that the Employee Discipline Law aims to protect the public job, ensure the regular functioning of the public service, and secure the employee's proper performance of his work.
يهدف النظام إلى حماية الوظيفة العامة، وضمان سير المرفق العام بانتظام، وحسن أداء الموظف لعمله.
- Article 23
The article tasks the Ministry of Human Resources and Social Development with preparing the Regulations in coordination with the Authority and the Board of Grievances, and issuing them by its minister's decision within 90 days of publication of the Law, to take effect when the Law does.
تعد وزارة الموارد البشرية والتنمية الاجتماعية -بالتنسيق مع الهيئة وديوان المظالم- اللائحة، وتصدر بقرار من وزير الموارد البشرية والتنمية الاجتماعية خلال (تسعين)
- Article 24
The article repeals Articles 31 to 46 and Article 48 of the Employees Disciplinary Law issued by Royal Decree No. M/7 dated 1/2/1391 AH, and every provision that conflicts with the Law.
يلغي النظام المواد من (31) إلى (46) والمادة (48)، من نظام تأديب الموظفين، الصادر بالمرسوم الملكي رقم (م / 7) وتاريخ 1 / 2 / 1391ه، وكل ما يتعارض معه من أحكام.
- Article 25
The article provides that the Employee Discipline Law takes effect 180 days after its publication in the Official Gazette.
يعمل بالنظام بعد (مائة وثمانين) يومًا من تاريخ نشره في الجريدة الرسمية.
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.