Penalties and sanctions list for employees

Penalties and sanctions list for employees

One of the most important objectives of the Penalties and Sanctions Regulations for Employees in Saudi Arabia is to ensure that the relationship between the worker and the employer is not affected, and thus that the workflow is not negatively affected. Therefore, the regulations have established a set of controls that govern the imposition of penalties and sanctions on the worker in the event of his violation of the laws and provisions stipulated in the Labor Law.

It goes without saying that your question is about the most important disciplinary penalties in the Saudi labor system, what are the laws regulating them, and what are the limits of the employer’s powers to impose disciplinary penalties on employees? In this article, we will learn the answers to all the questions that come to your mind about the list of violations and penalties for employees, so follow us.

Penalties and sanctions list for employees

Disciplinary penalties in the Saudi labor system

The labor system in the Kingdom of Saudi Arabia did not leave the issue of determining disciplinary penalties and their assessment to the employer’s desire or personal discretion, in order to prevent any arbitrariness or violation of the worker’s rights. Rather, the system established a clear legal framework represented by the list of penalties and sanctions for employees in Saudi Arabia, which precisely defines the limits of the disciplinary authority possessed by the employer, and also shows in detail the types of violations that require the imposition of appropriate penalties It ensures the existence of specific standards and controls governing the disciplinary process, prevents any potential violations on the part of the employer, and at the same time guarantees and protects the worker’s rights.

One of the most important articles regulating the issue of disciplinary penalties that an employer may impose on a worker when he commits a violation is Article 66 of the Saudi Labor Law “Article 66 of the Saudi Labor Law”, which clearly defines the types of penalties that an employer has the right to impose. The following is a presentation and explanation of these penalties as stated in the article:

1. Issuing an official written warning to the violating worker, explaining the nature of the violation he committed, while alerting him to the disciplinary consequences that will be taken if the same violation is repeated.
2. Imposing a fine on the violating worker, taking into account the seriousness of the violation and its impact when determining the value of the fine. The fine must be proportional to the extent of the error committed.
3. Withholding the periodic bonus due to the worker or delaying its disbursement for a period not exceeding one year from its original due date, based on a decision from the employer.
4. Postponing the worker’s due promotion for a maximum period of one year from the date on which he was scheduled to be promoted.
5. Suspending the worker from performing his job duties for a specific period and not paying his wages during the suspension period.
6. Terminating the worker’s employment contract permanently and dismissing him from his job, in cases where the labor system permits dismissal, and this procedure is considered the maximum type of disciplinary penalties, and is taken in cases of serious violations specified by the labor system.

Article 72 of the Saudi Labor Law also stipulates that the employer must inform the worker of the disciplinary penalty decision taken against him in writing. If the worker refuses to receive the written notice or is absent, the notice shall be sent to him via registered mail to his address recorded in his file with the company.

The worker has the right to object to the penalty decision within 15 days – excluding official holidays – from the date of notification. The objection shall be submitted to the Labor Disputes Settlement Authority, which shall issue its decision within 30 days from the date the objection is registered with it.

The legal effects of violations on the worker’s employment status

Violations committed by the worker are among the factors that negatively affect his job stability, as they expose him to disciplinary measures being taken against him according to the Saudi Labor Law Violations Schedule. These measures are graded according to the seriousness of the violation, as they begin with a written warning and may escalate – as we explained previously – to include deduction from salary, postponement of promotion, or deprivation of a bonus, all the way to dismissal from work in the cases stipulated in the Labor Law.

Dismissal from work results in the worker losing his job, in addition to being deprived of some or all of his financial dues, such as bonuses, in accordance with the provisions of the labor system and the internal regulations applicable in the establishment.

The necessity of conducting an investigation before imposing disciplinary punishment on the employee

It is not legally permissible to impose any clause in the list of violations and penalties on an employee without conducting an official and documented investigation. When an employee is accused of committing an act that violates the regulations and laws stipulated in the Saudi Labor Law, as a result of his breach of his professional duties or failure to adhere to the required standards of honesty and accuracy, an investigation must be conducted against him.

The investigation must be in writing and conducted officially, by a specialized committee or a person officially assigned to do so. It must include listening to the employee’s statements and enabling him to defend himself and present the evidence he has. Based on the results of the investigation, an appropriate decision is made regarding imposing the appropriate disciplinary penalty, in the event that it is proven that the employee committed the violation attributed to him.

The requirement for investigation before imposing a penalty aims to achieve fairness and transparency in the work environment and protect employees’ rights from arbitrariness and hasty decisions.

Cases in which a Saudi employee may be dismissed

According to the Saudi Employees Sanctions Regulations, a Saudi employee in the private and government sectors may be dismissed – subject to the legal controls and procedures stipulated in the Saudi Labor Law – as follows:

Cases of dismissal of a Saudi employee in the private sector

1. The worker’s assault on the employer, provided that the assault is serious “physical, verbal, or any personal abuse“.
2. Failure of the worker to perform his duties properly, whether through repeated negligence, deliberate negligence, or failure to adhere to quality standards.
3. The worker commits an indecent act, contrary to public morals or ethical values, which negatively affects the reputation of the establishment.
4. An employee commits an act with the intent to harm the company’s interests, such as disclosing secrets, sabotage, or unfair competition.
5. Frequent or continuous absence of the worker without an acceptable excuse.
6. The worker forged his personal identification papers or any official document submitted to the company.

Cases of dismissal of a Saudi employee in the government sector

1. Obtaining an unacceptable performance evaluation for three consecutive years, and here it must be noted that there must be clear and announced performance evaluation procedures for employees.
2. Failure to implement the transfer decision within 15 days of informing the employee of the decision without an acceptable excuse, provided that the transfer decision is based on the interest of the work and is consistent with the rules and regulations adopted in the Saudi labor system.
3. The employee’s absence continues for 15 days without an acceptable excuse.
4. Proof of the employee’s conviction for a crime that violates honor or honesty, provided that the judicial ruling is final before the dismissal decision is made.
5. The death of an employee, which is a natural reason for the end of his service in the government sector.

Penalties and sanctions list for employees

Steps to choose the best labor lawyer in the Kingdom of Saudi Arabia

Did you know that choosing a certified labor lawyer in Saudi Arabia is a crucial step to ensuring your case proceeds properly and achieves the best possible results? This requires you to conduct careful study and follow specific steps to ensure that you choose the right person who has the necessary experience and competence. Here are the details of these steps:

Search for offices of accredited lawyers in the Kingdom who specialize in labor cases. You can use search engines on the Internet, ask friends and acquaintances, or search the directory of lawyers accredited by the Ministry of Justice, and choose those who have a proven track record in labor cases and positive reviews from previous clients.

Make sure that the lawyer already specializes in labor cases and has sufficient experience in dealing with types of cases similar to yours, in accordance with the Penal Code and Penalties for Employees in Saudi Arabia.

Book an initial consultation with the lawyer before signing any agreement with him, to explain to him the details of your case accurately, know his evaluation of it and the extent of his experience in dealing with similar cases, and inquire about his fees and case costs.

It is important that the lawyer has good communication and transparency in dealing, and is available to answer your inquiries and clarify the legal procedures taken in your case on a regular basis.

After selecting the appropriate attorney, you can sign a formal agreement specifying the attorney’s scope of work, fees, payment methods, and the rights and duties of both parties.

If you are facing a labor case in Saudi Arabia, and are seeking to achieve justice and regain your full rights, the role of the Abdul Majeed Al Rashid Law Firm and Legal Consultations is your ideal choice to obtain the legal support you deserve.