Article 17 of the Saudi Protection of Whistleblowers, Witnesses, Experts and Victims Law
المادة 17 من نظام حماية المبلغين والشهود والخبراء والضحايا
The article prohibits dismissing a protected person, harming their status or penalizing them arbitrarily for reasons related to their protection, requires the program to redress it, and shifts the burden of proof to the employer.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يحظر اتخاذ أي من الإجراءات الوظيفية الآتية ضد المشمول بالحماية إذا كانت تتعلق بالأسباب التي قررت الحماية من أجلها:
أ- إنهاء العلاقة الوظيفية.
ب- أي قرار يغير من مركزه القانوني أو الإداري، ويترتب عليه الإنقاص من حقوقه، أو حرمانه منها، أو تشويه مكانته أو سمعته.
ج- أي إجراء وظيفي تعسفي أو دعوى أو عقوبة تأديبية.
2- على إدارة البرنامج -حال تلقيها ما يفيد بوقوع أي من الإجراءات الوظيفية المشار إليها في الفقرة (1) من هذه المادة- أن تتخذ التدابير اللازمة لإنصاف المشمول بالحماية بالتنسيق مع الجهات المعنية؛ بما يكفل رفع الضرر.
3- في حال قدّم المشمول بالحماية شكوى أمام الجهة المختصة نظاماً بسبب إجراء وظيفي من الإجراءات المشار إليها في الفقرة (1) من هذه المادة، فيقع عبء الإثبات على الجهة متخذة الإجراء لإثبات أن الإجراء اتخذ بسبب مشروع، ولا علاقة له بالأسباب التي قررت الحماية من أجلها.
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 17 explained in plain English
This article addresses an employee's fear of being harmed at work because of their report or testimony. It prohibits taking any of the following employment measures against the protected person if they relate to the reasons for which protection was decided:
- termination of the employment relationship;
- any decision that changes their legal or administrative status and results in reducing their rights, depriving them of them, or damaging their standing or reputation;
- any arbitrary employment measure, or a lawsuit or disciplinary penalty.
The role of the program administration: if it receives information that any of these measures has occurred, it must take the necessary measures to redress the protected person, in coordination with the relevant bodies, so as to remove the harm.
Burden of proof: if the protected person files a complaint with the competent body under the Law because of one of these measures, the body that took the measure must prove that it was taken for a legitimate reason unrelated to the reasons for which protection was decided. The protected person is not required to prove that the measure was taken because of their protection.
Two conditions apply for the prohibition: the person must be a protected person, meaning the program administration has decided a type of protection for them as defined in Article 1, and the measure must be related to the reasons for protection. The article does not specify which body receives the complaint; it refers to "the competent body under the Law".
Anyone subjected to a measure of this kind can consult a lawyer who specializes in criminal cases to assess their position.
Practical example
Abdullah, an employee of a company in Jeddah, testified in a serious crime case and was admitted to the protection program because of it. The company then issued a decision lowering his job grade. If he complains to the competent body, the company must prove that its decision was taken for a legitimate reason unrelated to the reasons for his protection.
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 17 of the Saudi Protection of Whistleblowers, Witnesses, Experts and Victims Law
Can an employee be fired because of their testimony or report?
Terminating a protected person's employment, taking a decision that reduces their rights, or taking any arbitrary measure or disciplinary penalty against them is prohibited if it relates to the reasons for which protection was decided.
Who must prove that the employment measure was due to the protection?
If the protected person complains to the competent body, the burden of proof is on the body that took the measure, to prove that it was taken for a legitimate reason unrelated to the reasons for protection.
What does the program administration do if a protected employee is harmed?
It takes the necessary measures to redress them, in coordination with the relevant bodies, so as to remove the harm.
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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.