Implementing Regulation of the Law of Occupational Discipline

Article 2

    1. One or more committees shall be formed by a decision of the Minister in the government agency to consider and investigate violations committed by employees. The committee shall consist of a chairman, two main members, and one alternate member, provided that the committee is chaired by a specialist in regulations and includes a representative from the Human Resources Department of the agency as a member.
    1. A committee member shall not consider or investigate violations involving an employee if he is the employee’s direct supervisor or if there is a kinship or affinity relationship with the employee up to the fourth degree.
    1. The term of the committee’s formation shall be a maximum of three years, renewable once.
    1. The committee may appoint a secretary who shall be responsible for preparing the necessary arrangements for its meetings, recording its minutes, decisions, recommendations, and any other tasks assigned by the committee, except for investigation work.

Article 3

In the event of forming more than one committee, the Minister may, for considerations that may serve the interest of the work, assign a committee to review and investigate violations that fall within the jurisdiction of another committee.

Article 4

Before commencing the investigation, the Committee must verify the preliminary matters related to jurisdiction, study the facts and documents related to the disciplinary violation, and consider the violation attributed to the employee.

Article 5

  • A. The Committee shall summon the employee for investigation by notifying him and his direct supervisor, provided that the notification includes a request for his appearance for investigation at a specified place and time and clarifies the disciplinary violation attributed to him.

  • B. The notification shall be made using one or more of the following means:

      1. Text messages sent to the mobile phone registered with the government agency.
      1. Governmental email.
      1. Accounts registered in governmental automated systems.
      1. The national email address.
  • Notification by any of these means shall be considered valid and effective for its legal consequences.

Article 6

A. The investigation with the employee shall be conducted in person at the Committee's headquarters. If the employee is unable to attend for any reason and the investigation cannot be postponed, it is permissible - with the Minister's approval - to move to conduct the investigation at the employee's location.
B. It is permissible - with the Minister's approval - to move to conduct the investigation at the place of the disciplinary violation if the interest of the investigation requires that.
C. The government entity may conduct the investigation remotely via electronic means, provided that this is done in accordance with the relevant regulations.

Article 7

A. The employee under investigation must be informed at the beginning of the investigation of the disciplinary violation attributed to him, and be made aware of the legal procedures related to the investigation. He must be allowed to state in the investigation record any remarks he wishes to add. The employee under investigation is not permitted to write his answers himself, but he may submit a memorandum on separate papers and present any documents or papers he deems appropriate.

B. The employee under investigation must be confronted with all the evidence and indications against him and be asked to respond to each of them.

Article 8

A. The investigation shall be documented in writing and recorded in one or more sequential server processes, indicating the data of the employee being investigated, the name of the investigator, the date and place of the investigation, and the time of its commencement and completion. The investigator must sign each page of the server process, and the employee being investigated must sign at the end of each answer. It is required that the questions directed to him be clear, understandable, and formulated in a manner free of ambiguity or obscurity.
B. Subject to the provisions of Article (Twelve) of the Law, in the event of multiple employees being referred for investigation regarding a single disciplinary violation, the investigation shall be conducted with each employee separately in an independent server process.
C. Copies of the submitted documents shall be attached to the investigation report, and the investigator shall endorse them as conforming to the original, indicating the submitter and the date of submission.
D. It is not permissible to erase, delete, amend, or cancel any page of the server process. Correction is allowed if there is an error in a specific phrase, by placing parentheses around the phrase to be corrected, and writing the correct phrase next to it, signed by both the investigator and the employee being investigated.

Article 9

  • In the event that the employee under investigation refuses to cooperate with the investigation, the Committee may proceed with reviewing the disciplinary violation based on the established facts. This shall be recorded in the investigation report along with the reasons stated, and the following shall be considered forms of refusal:

      1. If it is proven that the employee required for investigation was notified twice and did not attend without an excuse; however, if the employee submits an excuse, the Committee shall notify him of the acceptance of the excuse or the reasons for its rejection.
    1. If the employee under investigation refuses to provide his statements.
    2. If the employee under investigation refuses to sign after completing his statements.

Article 10

If it is found that more than one previous investigation has been conducted on the same subject of the disciplinary violation and the Committee deems the previous procedures to be proper, it may confront the employee with them and suffice with that, or complete what it deems necessary without the need to repeat the investigation.

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