Controls and procedures for investigating the employee

Controls and procedures for investigating the employee

Investigating an employee can have important functional and legal implications, so the Saudi labor system was keen to organize its procedures and establish controls that ensure justice is achieved and the rights of all parties are preserved. 

Whether you are an employer who wants to apply regulatory procedures correctly, or an employee seeking to know your rights during an investigation, familiarity with these procedures helps avoid potential violations and disputes.

When is an employee investigated under Saudi labor law?

The establishment shall conduct an investigation with the worker when it is discovered that he has committed a violation that requires the imposition of any of the penalties stipulated in Article 58 of the Labor Regulations, which are:

•  Written warning: A letter sent by the establishment to the worker explaining the type of violation he committed, while drawing his attention to the possibility of being subjected to a more severe penalty if the violation continues or recurs in the future.
• Fine: It is a deduction of a percentage of the wage within the limits of part of the daily wage, or a deduction of the wage ranging between one day’s wage and a maximum of 5 days per month.
• Suspension from work without pay: is preventing the worker from carrying out his work during a specific period, while depriving him of his wages during this period, provided that the suspension period does not exceed 5 days per month.
• Deprivation of the bonus or postponement of it for a period not exceeding one year, whenever it is decided by the establishment.
• Postponing the promotion for a period not exceeding one year, whenever it is scheduled by the facility.
• Dismissal from work with bonus: It is the dismissal of a worker based on a legitimate reason for committing the violation without prejudice to his right to end-of-service bonus.
• Dismissal from work without compensation: is the termination of a worker’s contract without compensation, notice, or compensation for committing any of the cases stipulated in Article 80 of the Saudi Labor Law.

The penalty imposed on the worker must be proportional to the type and seriousness of the violation committed by him.

Pictures of violations punishable by the worker

Pictures of violations punishable by the worker

• Being late to come and go before work ends without permission.
• Continuous absence without excuse or intermittent absence without legitimate reason exceeding 30 days per year.
• Violating instructions or inciting violations thereof.
• Fighting or causing trouble at work.
• Verbal or physical assault on colleagues or others.
• Using work machinery and equipment for private purposes without permission.

What are the procedures for investigating an employee?

Investigation procedures with the employee begin when the violation occurs as follows:

• The worker is summoned and informed of the violation.
• Hearing the worker’s statements and giving him an opportunity to defend himself and justify his actions.
• The incident must be investigated within thirty days of its occurrence.

Who conducts the investigation of the employee?

A committee appointed by the facility investigates the employee and consists of members from human resources and the facility’s legal department.

Some employee investigations may require a thorough understanding of the provisions of the labor system and the associated regulatory procedures. 

Therefore, the labor lawyer from the office of Lawyer Abdul Majeed Al Rashid helps you clarify your legal rights and obligations and deal with labor disputes in accordance with the applicable regulations. 

What are the controls for administrative investigations into employees in the private sector?

What are the controls for administrative investigations into employees in the private sector?

• The investigating member must not be charged toward the worker or attempt to pressure the worker to confess to coercion.
• The investigating member must maintain honesty, integrity, truthfulness and respect for the worker when conducting the investigation.
• The investigation member must be appointed by the employer.
• Please note that the violation committed by the worker is not considered a criminal offense.
• If an employee refuses or is absent from the investigation, he is considered to have waived his right to defend himself and the violation is proven against him.
• Not violating the provisions of the Labor Law and its executive regulations.
• The summons and notification of the worker must be made through official means and at a specific time.
• The worker must be informed in writing of the investigation order.
• Writing the worker’s defenses in a designated report.

Is the penalty imposed when the employee refuses to investigate?

Article 71 of the Saudi Labor Law stipulates that a disciplinary penalty may not be imposed on a worker unless he is informed in writing of what has been attributed to him, interrogated, his defense investigated, and this is proven in a report deposited in his private file.

Does the worker have the right to object to the penalty imposed on him?

The worker has the right to file an objection before the Labor Court when the penalty is imposed on him by the employer within 15 days from the date of notification of the penalty.

The labor court must decide on the objection within 30 days from the date of its registration.

Controls and procedures for investigating the employee

A labor lawyer from the office of lawyer Abdul Majeed Al Rashid

If you encounter a problem related to labor investigations or disputes arising from the employment relationship, hiring a labor cases lawyer from the office of Lawyer Abdul Majeed Al-Rashid may help you understand your legal rights and obligations and deal with legal procedures correctly.