{"id":145034,"date":"2025-07-07T18:43:47","date_gmt":"2025-07-07T15:43:47","guid":{"rendered":"https:\/\/www.salamahlaw.com\/?p=145034"},"modified":"2025-07-07T19:05:27","modified_gmt":"2025-07-07T16:05:27","slug":"disciplinary-lawsuits-under-saudi-law","status":"publish","type":"post","link":"https:\/\/www.salamahlaw.com\/en\/disciplinary-lawsuits-under-saudi-law\/","title":{"rendered":"Disciplinary Lawsuits Under Saudi Law"},"content":{"rendered":"

A public employee is considered the backbone of the state’s administrative structure, occupying a critical position from the moment of appointment until the employment relationship is lawfully terminated. As the primary agent responsible for the performance of government functions, the employee enjoys various rights but also bears significant obligations. Any breach of these obligations forms the legal basis for initiating a disciplinary action and justifies the authority\u2019s power to impose penalties.<\/span>
\n<\/span> Recognizing the importance of this, Saudi legal frameworks have thoroughly regulated disciplinary proceedings. Article 13 of the Law of the Board of Grievances affirms that disciplinary lawsuits fall under the jurisdiction of administrative courts when filed by the competent authority. In 1443 AH, the Public Sector Discipline Law and the accompanying procedural rules were enacted to govern the nature, process, and effects of such actions.<\/span>
\n<\/span> In this article, Salamah Law Firm offers an in-depth analysis of disciplinary lawsuits under Saudi law.<\/span><\/p>\n

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What Is a Disciplinary Lawsuit in Saudi Law?<\/b><\/h2>\n

A disciplinary lawsuit is a type of administrative case adjudicated by the Board of Grievances. It refers to legal proceedings initiated by the competent administrative body against a public employee for conduct\u2014either during or outside of working hours\u2014that violates professional duties.<\/span><\/p>\n

According to Article 1 of the Public Sector Discipline Law, a \u201cdisciplinary violation\u201d is defined as any act or omission by an employee that breaches professional duties, violates statutory prohibitions, or undermines the dignity and integrity of public office.<\/span><\/p>\n

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Disciplinary Liability of Public Employees<\/b><\/h2>\n

Disciplinary liability refers to conduct by a public employee that reflects negatively on the dignity of public service or compromises the reputation of the administrative body, even if such conduct occurs outside of official work hours or premises.<\/span>
\n<\/span> This form of liability is built on three essential pillars:<\/span><\/p>\n

1. The Material Element<\/b><\/h3>\n

This is the actual misconduct committed by the employee\u2014whether an affirmative act or a failure to act\u2014constituting a violation of job duties. The Saudi legislator does not provide an exhaustive list of such violations, but requires that the facts be tangible, established, and committed by someone in a disciplinary-bound employment relationship. Intentions or internal motives are not sufficient.<\/span><\/p>\n

2. The Moral Element<\/b><\/h3>\n

This refers to the employee\u2019s wrongful intent. The act must be voluntary and express a culpable intent, whether deliberate or negligent (such as carelessness or recklessness), making the employee eligible for disciplinary sanctions.<\/span><\/p>\n

3. The Legal Element<\/b><\/h3>\n

This is the employee\u2019s status as a public servant\u2014a condition that distinguishes disciplinary liability from criminal liability, which applies to any individual.<\/span>
\n<\/span> Article 1 of the Public Sector Discipline Law defines a public employee as anyone employed in a civil capacity by the state or by a public legal entity, whether on a permanent or temporary basis.<\/span><\/p>\n

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Examples of Violations Triggering Disciplinary Action<\/b><\/h2>\n

According to Article 5 of the Discipline Law:<\/span><\/p>\n

“Any employee found guilty of a financial, administrative, or behavioral violation that breaches their professional duties shall be subject to disciplinary sanctions under this Law, without prejudice to any public or private legal claims.”<\/span><\/p>\n

Examples include:<\/strong><\/p>\n

Financial Violations<\/b><\/h3>\n

These involve mismanagement or misuse of financial resources, such as breaching financial regulations, resulting in the loss of public funds or damage to the financial interests of public bodies.<\/span><\/p>\n

Administrative Violations<\/b><\/h3>\n

These relate to failure to comply with workplace regulations, such as disobeying supervisors, absenteeism, or disclosing confidential information.<\/span><\/p>\n

Behavioral Violations<\/b><\/h3>\n

These may occur either within or outside the workplace and reflect conduct unbecoming of a public employee. They are a subset of administrative violations.<\/span><\/p>\n

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Read Also : Electronic Signatures Under Saudi Law<\/span><\/a><\/strong><\/span><\/h2>\n

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What Are the Sanctions Imposed by Disciplinary Courts?<\/b><\/h2>\n

Article 12(b) of the Discipline Law states that the competent court may impose any of the sanctions listed in the Law. Article 6 outlines these penalties as follows:<\/span><\/p>\n