Disciplinary Lawsuits Under Saudi Law
A public employee is considered the backbone of the state’s administrative structure, occupying a critical position from the moment of appointment until the employment relationship is lawfully terminated. As the primary agent responsible for the performance of government functions, the employee enjoys various rights but also bears significant obligations. Any breach of these obligations forms the legal basis for initiating a disciplinary action and justifies the authority’s power to impose penalties.
Recognizing the importance of this, Saudi legal frameworks have thoroughly regulated disciplinary proceedings. Article 13 of the Law of the Board of Grievances affirms that disciplinary lawsuits fall under the jurisdiction of administrative courts when filed by the competent authority. In 1443 AH, the Public Sector Discipline Law and the accompanying procedural rules were enacted to govern the nature, process, and effects of such actions.
In this article, Salamah Law Firm offers an in-depth analysis of disciplinary lawsuits under Saudi law.
What Is a Disciplinary Lawsuit in Saudi Law?
A disciplinary lawsuit is a type of administrative case adjudicated by the Board of Grievances. It refers to legal proceedings initiated by the competent administrative body against a public employee for conduct—either during or outside of working hours—that violates professional duties.
According to Article 1 of the Public Sector Discipline Law, a “disciplinary violation” is defined as any act or omission by an employee that breaches professional duties, violates statutory prohibitions, or undermines the dignity and integrity of public office.
Disciplinary Liability of Public Employees
Disciplinary liability refers to conduct by a public employee that reflects negatively on the dignity of public service or compromises the reputation of the administrative body, even if such conduct occurs outside of official work hours or premises.
This form of liability is built on three essential pillars:
1. The Material Element
This is the actual misconduct committed by the employee—whether an affirmative act or a failure to act—constituting a violation of job duties. The Saudi legislator does not provide an exhaustive list of such violations, but requires that the facts be tangible, established, and committed by someone in a disciplinary-bound employment relationship. Intentions or internal motives are not sufficient.
2. The Moral Element
This refers to the employee’s wrongful intent. The act must be voluntary and express a culpable intent, whether deliberate or negligent (such as carelessness or recklessness), making the employee eligible for disciplinary sanctions.
3. The Legal Element
This is the employee’s status as a public servant—a condition that distinguishes disciplinary liability from criminal liability, which applies to any individual.
Article 1 of the Public Sector Discipline Law defines a public employee as anyone employed in a civil capacity by the state or by a public legal entity, whether on a permanent or temporary basis.
Examples of Violations Triggering Disciplinary Action
According to Article 5 of the Discipline Law:
“Any employee found guilty of a financial, administrative, or behavioral violation that breaches their professional duties shall be subject to disciplinary sanctions under this Law, without prejudice to any public or private legal claims.”
Examples include:
Financial Violations
These involve mismanagement or misuse of financial resources, such as breaching financial regulations, resulting in the loss of public funds or damage to the financial interests of public bodies.
Administrative Violations
These relate to failure to comply with workplace regulations, such as disobeying supervisors, absenteeism, or disclosing confidential information.
Behavioral Violations
These may occur either within or outside the workplace and reflect conduct unbecoming of a public employee. They are a subset of administrative violations.
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What Are the Sanctions Imposed by Disciplinary Courts?
Article 12(b) of the Discipline Law states that the competent court may impose any of the sanctions listed in the Law. Article 6 outlines these penalties as follows:
- Written warning
- Salary deduction (up to 3 months, with a maximum of one-third of net monthly salary)
- Forfeiture of one annual raise
- Suspension from promotion for up to two years from the eligibility date
- Dismissal from service
These penalties may be imposed by the court on a public employee found guilty of a disciplinary offense.
When Is a Disciplinary Lawsuit Time-Barred?
Article 20 of the Discipline Law lists the circumstances under which disciplinary actions are extinguished:
- Death of the employee
- Total permanent medical incapacity, certified by a report from the General Medical Authority
- Elapse of two years from the date the violation was discovered without initiating investigation or legal action, or from the date of the last procedural step
If multiple employees are involved, the statute of limitations is suspended for all if it is suspended for one.
Article 21 adds that:
“Subject to other applicable laws, disciplinary penalties are expunged after two years from issuance, unless another penalty is imposed during that period—in which case, the two-year period restarts from the date of the most recent decision.”
What Does It Mean When a Disciplinary Lawsuit Is Rejected?
A rejection means the case is dismissed due to specific reasons, which may be substantive or procedural:
Substantive Grounds for Rejection
- Lack of Violation: The conduct does not constitute a breach of duty
- Insufficient Evidence: Lack of proof supporting the violation
- No Employee Liability: The employee did not commit the act or was complying with lawful instructions
- Justified Conduct: The act was the result of professional necessity or force majeure
Procedural Grounds for Rejection
- Lack of Legal Standing: The claim was brought by an unauthorized party
- Statute of Limitations: The claim was filed outside the permissible time frame
- Res Judicata: The issue has already been adjudicated
- Procedural Irregularities: The employee was not heard or denied the right to defense
- Lack of Referral: In some institutions, formal referral from a designated authority is required
Disciplinary lawsuits are among the most common administrative cases heard by the Board of Grievances. Salamah Law Firm is highly experienced in initiating, following up, and litigating such cases, with a specialized legal team proficient in representing clients before the Saudi administrative judiciary.
Read More : What is the Public Sector Discipline Law?
