Punishment for a government employee with a commercial record

Punishment for a government employee with a commercial record

The punishment of a government employee with a commercial record is one of the strict penalties that aims in the Kingdom of Saudi Arabia to ensure that the government employee does not exploit his job to achieve personal interests, to ensure the provision of public service efficiently and fairly, and to ensure that government employees adhere to laws and regulations, as government jobs are jobs that require integrity and transparency, so government employees must adhere to the laws regulating the tasks of the government job According to the Civil Service Law, a government employee may not open a commercial register or engage in any commercial activity that may lead to a conflict of interest with the job requirements or affect his concentration in performing his government duties. The penalty for a government employee with a commercial register varies between dismissal from service and a fine.

Punishment of a government employee with a commercial record

Saudi regulations seek to prevent conflicts of interest and prevent a government employee from exploiting his job position for personal gain by applying a penalty for a government employee with a commercial record that is strict and includes:

• Dismissal of a government employee from his job and termination of service if it is proven that he has a commercial record without obtaining official permission, as commercial work conflicts with the duties of a government job.
• Salary deduction, where the employee is punished by deducting a percentage of his salary.
• Deprivation of job rights, where the penalty may be depriving the employee of promotions or an annual bonus for a specific period
• An employee is transferred to another job or entity, which is known as disciplinary transfer.
• Disciplinary penalties such as warning and administrative blame are applied to the employee in order to deter him from violating.
• A government employee may be subject to legal accountability if he uses his job in business activity.

Punishment for a government employee with a commercial record

Objectives of punishing a government employee with a commercial record

An employee engaging in any commercial activity while working in a government job is a clear violation of the regulations, which requires the application of a penalty for a government employee with a commercial record, which aims to:

• Preventing conflicts of interest, as it prevents the employee from using his job influence to achieve private business interests in order to protect the public interest.
• The penalty aims to maintain the integrity of government work, as the penalty ensures that the employee does not use confidential job information in his business activity.
• Ensure that the employee focuses on the official duties of the government job and avoids being preoccupied with his personal interests over the interests of work.
• Ensure compliance with the laws and regulations imposed in the civil service system.

Is a government employee in Saudi Arabia allowed to open a commercial register?

According to Saudi laws, an employee is prohibited from engaging in any commercial activity, whether directly or indirectly. However, there are some exceptions that ensure that no penalty is imposed on a government employee with a commercial record. These exceptions are:

• The employee must obtain a certified and stamped approval from the competent authority allowing him to practice commercial activity.
• The employee is allowed to engage in business activities that do not affect the government job.
• An employee may establish a business outside official working hours, provided that it is part of an activity that does not affect the job
• A government employee has the right to invest in projects not directly related to the performance of his job duties.
• An employee has the right to have a commercial register of non-competitive business activities with a government job field such as e-commerce.

Punishment for a government employee with a commercial record

Which authorities are responsible for detecting an employee’s violation?

There are multiple entities that detect violations committed by government employees who engage in commercial activities that result in the punishment of a government employee with a commercial record. The most prominent of these entities are:

• The Oversight and Anti-Corruption Authority monitors any government violations through proactive follow-up.
• Internal control units that verify the absence of violations in the labor sector through the administrative and financial review they conduct.
• Official reports submitted by citizens or colleagues via specialized electronic platforms.
• Other government agencies disclose the existence of employee business records through electronic coordination between the Ministry of Commerce and the Ministry of Human Resources.

What are the reasons for an employee to engage in business activities?

Although the Saudi system prohibits government employees from engaging in commercial activities, whether directly or indirectly, some employees may engage in commercial activities for several reasons, the most prominent of which are:

• The high cost of living makes him need additional income to meet the burdens of life, and in this case commercial activities are a means of increasing income and improving the employee’s financial situation.
• An employee’s purpose in conducting business activities may be to achieve personal ambitions or invest his skills in a field of interest to him
• The employee may wish to engage in business activities in order to achieve a variety of sources of income and provide financial security in the event of job loss.
• An employee’s motivation for engaging in business activities may be to exploit available business opportunities that do not affect his government duties, such as e-commerce and small projects outside official working hours.

The difference between a commercial cover-up and the practice of commercial activity by a government employee

There is often confusion between a commercial cover-up and an employee engaging in commercial activity. Although both are serious violations punishable by the Saudi system, the main difference is that a commercial cover-up is a crime in which the name of the person who is the cover-up is used to manage a commercial activity owned by another person, who is the cover-up and has the right to manage it, with the aim of concealing the identity of the real beneficiary of the commercial activity from the competent government agencies While the practice of commercial activity by a government employee consists of the employee practicing an activity directly, which makes him vulnerable to the application of a penalty for a government employee who has a commercial register in accordance with Saudi law unless there is an exception that allows him to open a commercial register.

When is a government employee dismissed according to the system?

There are many reasons why a government employee is dismissed from his job, the most prominent of which are:

• An employee assaults his manager or colleague during or because of work, and this assault results in serious injury and damage.
• When an employee goes to work while under the influence of alcohol or illicit drugs.
• A government employee shall be dismissed if he is absent from work without justification and exceeds the period of absence specified in accordance with the system, provided that the dismissal is preceded by a written warning to the employee.
• If he commits a criminal offense involving dishonor.

The role of the lawyer in protecting the government employee from punishment

An employee’s choice of a specialized lawyer is a fundamental pillar in protecting against the penalty of opening a commercial register without permission from the competent official authorities, and therefore choosing a lawyer from the office of lawyer Abdul Majeed Al-Rashid is considered the ideal choice for several reasons, including:

• Because he has extensive experience with laws and regulations related to government functions that enable him to understand the details of the case accurately.
• Providing accurate legal advice based on Saudi laws and thus having the ability to protect the employee from punishment.
• The lawyer possesses high skills in persuasion and negotiation, which enables him to negotiate with the judicial authorities to reduce the penalty or find alternative solutions that preserve the employee’s rights.
• He has the ability to prepare a strong legal defense and can therefore properly represent the government employee before the competent authorities.

If you are a government employee and have committed a violation of opening a commercial register, you can contact a specialized lawyer from Abdul Majeed Al Rashid Law Office and Legal Consultations.

In conclusion

This article discusses the requirements of a government job, such as transparency and integrity, as they are among the basic pillars upon which government work is based. It also discusses in detail the punishment of a government employee with a commercial record, explaining the legal responsibilities resulting from this violation. In addition, it discusses the objectives of this punishment, as one of its most important objectives is to prevent the employee’s personal interests from conflicting with the tasks of his government job to ensure the protection of the public interest It also addressed the exceptional cases in which a government employee is allowed to open a commercial register and the competent authorities to detect violations. It also addressed the main reasons that make an employee resort to practicing commercial activities. After that, the article addressed the fundamental difference between a commercial cover-up and practicing commercial activity by a government employee. Finally, it addressed cases of employee dismissal in accordance with the system.

Punishment for a government employee with a commercial record

Frequently Asked Questions

Does a government employee have the right to open an online store?

A government employee does not have the right to open an online store, as a commercial register is required in his name. This is in accordance with the Saudi system, which prohibits combining a government job with commercial activity and conflicts of interest. However, there are some cases in which an employee can practice electronic activity legally by obtaining permission from the competent authorities that allows him to open a commercial register.

Does the commercial register conflict with government function?

The commercial register represents a clear conflict with the objectives and tasks of the government job, which requires full-time dedication to ensure that the employee performs his job duties and responsibilities with high efficiency, with the aim of preventing the employee’s personal interests from conflicting with his job duties.

What is the penalty for a soldier who engages in trade?

The penalty for a soldier who engages in trade ranges from warning, dismissal, and other disciplinary penalties, which may reach imprisonment in serious cases and, in some repeated cases, expulsion from military service.

What is the crime of insulting a public employee?

The crime of insulting a public employee is assaulting an employee, whether this assault is by insult, violence, threat, defamation, or any other act insulting to the employee’s dignity that occurs during or because of the performance of the job.