In this Law, the following words and phrases shall have the meanings assigned thereto:

• Law: Public Employee Discipline Law.

• Regulations: Implementing Regulations of the Law.

• Minister: The minister in charge of the affairs of his ministry or the head of the independent agency, as the case may be.

• Authority: Oversight and Anti-Corruption Authority.

• Public Post: Civil duties and functions undertaken in the provision of a public service by a public employee who is subject to the administrative hierarchy.

• Public Employee: A person employed by the State or by an entity with a public legal personality to hold a civil service job in any capacity, whether on a permanent or temporary basis.

• Disciplinary Violation: Any act or omission by the employee which entails a breach of employment duties or commission of employment prohibitions as stipulated by law, or which undermines the honor and dignity of the post.

• Penalty: Any administrative penalty provided for in the Law.

• Committee: The committee tasked with reviewing violations.

• Closure of Investigation: An administrative order issued by the investigation authority to discontinue the investigation if it decides that it is futile.

• Suspension: Temporarily suspending the employee from performing his job duties

This Law aims to protect the public post and to ensure the proper conduct of public agencies and the employee's proper performance of his job duties.

This Law shall apply to all employees, except employees whose work is governed by laws that provide for different disciplinary rules. Said employees shall be subject to such rules and their provisions.

1. A penalty may not be imposed on an employee except after questioning him, informing him of the violation attributed to him, hearing his statements, and affording him the opportunity to present his defense, and after recording the same in a report. The decision to impose the penalty must be reasoned. The Regulations shall specify the investigation method and procedures.

2. The post of an employee against whom a judgment or decision is issued dismissing him from service may not be occupied whether through appointment, contract, promotion, or transfer, except after the decision becomes unappealable due to the expiration of the appeal period or after the judgment becomes final.

An employee who is proven to have committed a financial, administrative, or behavioral violation which constitutes a breach of any of his job duties shall be subject to the penalties provided for in this Law, without prejudice to the right to file a criminal lawsuit or a civil claim.

The penalties that may be imposed on an employee are as follows:

• 1. A warning notice.

• 2. Deducting from the employee’s salary an amount not exceeding the net salary of three months, provided that the amount deducted monthly does not exceed one third the net monthly salary.

• 3. Denying the employee one annual raise.

• 4. Denying the employee the consideration of his promotion for not more than two years from the date he becomes entitled thereto.

• 5. Dismissing the employee from service.

An employee shall be exempt from punishment if it is established that he committed the violation in implementation of an order issued by his superior, provided that the employee notified his superior of the violation in writing or by any legally recognized means.

Except in cases of death or permanent total disability, the termination of an employee’s services shall not preclude the initiation or continuation of the procedures provided for in this Law. In such case, the penalty shall be a fine the amount of which does not exceed three times the last net monthly salary the employee received.

A committee, or more as the case may be, shall be formed pursuant to a decision by the minister at each government agency to review and investigate violations committed by employees. The Regulations shall specify the number of members of such committees as well as their formation, work rules and procedures, and the manner of issuing recommendations. Each committee shall be chaired by a specialist in law.

Subject to the provisions of Articles 11 and 12 of this Law:

• 1. If the agency finds that an employee has committed a violation, said employee shall be referred to the committee to question him and consider the imposition of any of the penalties provided for in this Law. The committee shall submit its recommendations to the minister for approval.

• 2. If the committee recommends the imposition of the penalty of dismissal and the minister deems such penalty appropriate, the minister shall refer the recommendation to a committee he forms for such purpose which shall include a representative from the Ministry of Human Resources and Social Development and be chaired by a specialist in law. Said committee shall consider the appropriateness of imposing the dismissal penalty, and its recommendation shall be approved by the minister. If it does not deem the dismissal penalty appropriate, it may recommend the imposition of any other penalty.

• 3. The penalty to be imposed must be commensurate with the gravity of the violation, taking into account prior violations and any mitigating and aggravating circumstances, provided that not more than one penalty is imposed for the same violation or for violations connected to each other.

• 4. The application of the provisions of this Article shall not prejudice the minister's power to refer any employee to the Authority for any reason he deems appropriate.