What is the Public Sector Discipline Law?
The Public Sector Discipline Law, issued by Royal Decree No. (M/18) on 8/2/1443 AH, was enacted to protect public service, ensure the smooth operation of public entities, and promote employee performance. It applies to all government employees, except those whose disciplinary procedures are governed by separate systems; such employees are subject to those specific systems within the limits of their provisions.
In this article, Salamah Law Firm will break down the key elements of the law for you.
Overview of the Public Sector Discipline Law:
The law sets out penalties for financial, administrative, and behavioral violations committed by public employees that breach their duties. However, no penalty may be imposed unless the employee is first investigated, confronted with the alleged violation, allowed to present a defense, and this is documented in an official report. The disciplinary decision must be fully reasoned.
According to Article 6, the possible disciplinary actions include:
- A written warning
- Salary deduction, not exceeding three months’ net salary, and not more than one-third of the monthly net salary per month
- Withholding one annual raise
- Deferring promotion for up to two years from the eligibility date
- Dismissal from service
Article 9 mandates the formation of one or more committees, as appropriate, by decision of the relevant minister or head of an independent entity in each government agency, to investigate and consider violations committed by employees.
Articles 12, 13, and 14 clarify when a violation must be referred to the Oversight and Anti-Corruption Authority. The Authority must inform both the Ministry of Human Resources and Social Development and the relevant government entity (if the individual is still employed) of any final judgment. If an employee is convicted in a criminal case but the sentence does not mandate dismissal by law, the employer may still refer the matter to the disciplinary committee if the offense undermines job responsibilities.
Article 20 outlines circumstances in which violations or disciplinary actions are dropped:
- Death of the employee
- Total medical disability confirmed by a report from the General Medical Authority
- Two years passing since the violation was discovered with no investigation or legal action taken, or since the last legal step was taken.
If multiple employees are involved and the statute of limitations is interrupted for one, it is considered interrupted for all.
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Executive Regulations of the Public Sector Discipline Law:
The executive regulations detail procedures for administrative investigations from Articles 2 to 8. They explain the responsibilities of the investigative committee, its formation, and the decisions it is authorized to issue.
The Civil Service Disciplinary Law:
Issued by Royal Decree No. (M/7) on 1/12/1391 AH, this earlier law included provisions governing the state’s administrative system. However, it lacked a clearly defined purpose and was missing detailed articles on disciplinary violations. To address these gaps, the Public Sector Discipline Law and its executive regulations were introduced.
Article 24 of the new law explicitly states:
“This law repeals Articles (31) to (46) and Article (48) of the Civil Service Disciplinary Law issued by Royal Decree No. (M/7) dated 1/2/1391 AH, as well as any other provisions that conflict with it.”
Therefore, in any case of conflict between the two laws, the provisions of the Public Sector Discipline Law shall prevail.
The Public Sector Discipline Law is one of the most essential legal frameworks ensuring the efficiency of Saudi Arabia’s administrative system. It protects public service, maintains orderly public sector operations, and promotes employee accountability.
At Salamah Law Firm, we offer specialized legal consultations related to this law. Our team is highly experienced in filing and handling administrative claims, understanding the precise procedures involved, and representing clients before the Board of Grievances across the Kingdom of Saudi Arabia.
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