Refusal to sign the investigation report
Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.
Yes, in practice, a worker cannot be forced to sign the investigation report or the penalty decision (dismissal), as he has the right to refrain from signing if he believes that the report does not represent his true statements or for any other reason.
However, refusal does not stop the dismissal procedures or invalidate the investigation, but rather the system has established rules for dealing with this refusal to ensure the conduct of the procedures, and this results in the following:
During the investigation phase (refusal to sign the interrogation report):
If the worker is investigated and his statements are heard in accordance with Article 71, and he then refrains from signing his statements in the report, the following shall result:
- The investigator (or the employer’s representative) shall prove the abstention in the same report (written: “The worker refused to sign”), stating the reasons for the abstention, if any.
- It is advisable for the employer to bring two witnesses who sign that the worker attended the investigation and gave his statement but declined to sign.
- Disciplinary proceedings shall proceed normally, the investigation shall be deemed valid and effective, and a report shall be submitted to the competent authority to decide on dismissal or penalty.
At the stage of imposing the penalty (refusal to sign upon receipt of the dismissal decision):
If a dismissal or penalty decision is issued, and the worker refuses to sign by receipt, Article 72 of the Labor Law clearly addresses this situation, stipulating that:
- If the worker refuses to receive or is absent, the employer must send the report by registered letter (registered mail) to the worker’s address shown in his file.
- It can also be sent via official means approved in the employment contract or establishment (such as the worker’s official email).
- Once the decision is sent in these ways, the worker is considered an official informant of the system, and the regular deadlines begin from its date (such as the 30-day period for objection before the Labor Court).
Important note and warning to the worker:
Some workers believe that his signing of the “investigation report” constitutes an admission of wrongdoing, which is inaccurate. Signing the record is merely an acknowledgment that “these are the statements and answers you provided” and is not an acknowledgment of the charge (unless you state the confession within the answers). In fact, signing the minutes ensures that the administration does not tamper with your statements or distort your defense later. If your answers are carefully written and include your denial or justification for the charge, it is best to sign them to document your defense. However, if the record is distorted or phrases you did not say are added to it, then refraining from signing is justified.
Refusal to sign the investigation report
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.
References
- Article Seventy-One of the Labor Law
- Article Seventy-Two of the Labor Law
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