Minister of Human Resources and Social Development Ahmed Al-Rajhi approved the executive regulations of the Job Discipline Law, which was approved by the Council of Ministers in September 2021. According to the executive regulations, a copy of which was seen by Okaz/Saudi Gazette, one or more committees would be formed in the government entity to look into violations committed by employees and carry out investigation into them. Any member of the committee would be barred from examining or investigating violations of an employee if he is his direct manager or has any blood relations with the employee. The regulations stipulate that the means of informing a regular employee with regard to his appearance for investigation shall be either through text messages sent to his phone number, which is documented with the government entity or through his government email or his account registered in the government automated system or his national postal address. The committee shall carry out investigation into the complaints against the employee in a sitting at the headquarters of his workplace only, and the investigation may not take place at the employee’s location unless he is unable to attend the workplace due to a valid excuse. There is no provision to postpone the investigation. The regulations also stipulate that the employee under investigation shall not write his own statement related to the violations. However, he is entitled to submit an explanatory memorandum in separate papers and submit along with the relevant documents and papers substantiating his justifications. The executive regulations give the committee the right to proceed with the procedures to consider the disciplinary action against the violation if the employee fails to attend after notifying him two times in a documented and official manner or when he refuses to furnish his statements or sign the investigation report. The regulations prevent the competent investigation committee from using methods of threatening or coercion or pressure on the employee during the process of investigation. It is noteworthy that the Saudi Labor rules and regulations provide a range of disciplinary measures that an employer can consider before taking disciplinary action against an erring employee.
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