Disciplinary penalties for the employee according to Kuwaiti law
Disciplinary penalties according to the law and the civil service system
Exemption of the employee from disciplinary punishment in the event of committing the violation was in implementation of a written order from his boss
Penalties are removed after the specified period expires and no disciplinary penalty has been imposed during it
The employee shall be deprived of his salary for the period of his imprisonment if it is in implementation of a final judgment
Both Decree Law No. 15 of 1979 regarding civil service and Decree issued on 4/4/1979 regarding the civil service system dealt with disciplinary penalties and their procedures for employees of government agencies.
Article 27 of Decree-Law No. 15 of 1979 stipulates that “every employee who violates duties or violates the prohibitions stipulated in laws or regulations shall be punished with disciplinary measures, without prejudice to the criminal or civil liability when necessary, and the employee is exempted from disciplinary punishment if it is proved that the violation was committed. In implementation of a written order issued to him by his superior despite being alerted to the violation, and in this case the responsibility rests with the source of the order, and the employee does not ask a civilian about his personal mistake.
By looking at the text of the aforementioned article, it becomes evident that the employee’s breach of the duties of his job exposes him to disciplinary sanctions, and at the same time he may make him subject to criminal and civil penalties when necessary.
The article decided to exempt the employee from disciplinary punishment if he proves that the violation was committed in implementation of a written order issued to him by his boss despite his warning to the violation and that responsibility then rests with the person who issued the decision, but the following is taken into account:
That the order issued by the superior to the subordinate must be in writing, and in this case the verbal order shall not be taken into consideration.
The employee notifies his boss about the violation, and despite that the boss insists on implementing the matter in writing. Here, the burden of proving the employee’s alert to his boss rests on the employee himself and it is through the warning in writing, or there are witnesses to prove that warning, otherwise the responsibility is shared between the boss and his subordinate.
In general, the responsibility does not fall on the employee as long as he performs his work according to the job description assigned to him according to the law. The error in this case is attached as long as the employee performs the job described and specified for him, but in the event that he leaves the job assigned to him, in this case he It is a personal error that requires personal accountability and bears its criminal and civil burdens, as in the case of achieving personal benefit for the employee taking advantage of his public position in violation of the law.
As for the disciplinary penalties that are inflicted on the employee, Article (28) of the Decree-Law defined them as follows:
- The warning.
Deduction from the salary for a period not exceeding fifteen days at a time and not exceeding ninety days during twelve months.
Reducing the monthly salary by a quarter for a period of not less than three months and not exceeding twelve months for one violation.
- Lowering the rank directly to the lowest level, and the decision issued to impose the seniority penalty in this degree and the salary of the employee therein.
Dismissal from service.
Only the following penalties are imposed on the occupants of leadership positions:
- Warning written by the minister - blame - dismissal from service.
It refers to the disciplinary penalties that are imposed on employees and set forth in clauses (1 to 5) of the aforementioned article, which include the following groups of employees: “public jobs, auxiliary technical posts, and auxiliary jobs.” And the supervisory jobs that include “director of administration, observer, chief Department, Head of Division »etc. ...
While the penalties stipulated in clauses A, B, and C are for leadership positions, which include Assistant Undersecretary and above.
Article (29) of the Civil Service Law permits the erasure of disciplinary penalties, as it stipulates the following: “Disciplinary penalties inflicted on the employee may be erased according to the rules specified by the civil service system, and the erasure of the punishment is to be considered as if it was not for the future.”
Article (70) of the decree issued in the matter of the civil service system stipulated the erasure of the disciplinary penalties inflicted on the employee based on the specified period of time corresponding to each of them, as follows:
Six months in case of warning.
A year in case of salary deduction for a period not exceeding one week.
- Two years in the event of a salary deduction for more than one week.
- Three years in the event of a salary reduction by a quarter for a period of not less than three months and not exceeding twelve months.
Four years in case of demotion.
This is for the general jobs and the two groups of technical auxiliary and auxiliary jobs, while as for the leadership positions, the warning or blame penalty is erased by the lapse of three years.
However, it must be noted here that the following is required to eliminate these penalties:
That the specified period, corresponding to each of them, expires and no disciplinary penalty is imposed during it.
The erasure should be by a decision of the competent authority to impose the penalty.
That its impact is limited to the future.
Article (3) also dealt with cases of employee suspension from work, as it stipulated the following: “The employee shall be suspended from his work in the following cases:”
- If the interest of the investigation or the public interest requires that, and the suspension is based on a reasoned decision for a period not exceeding three months, it may be extended for a similar period, the termination of which is due to his work. Or by deduction for a period not exceeding a week.
- If he is imprisoned in the State of Kuwait in preventive detention or in implementation of a judicial ruling, and half of his salary is suspended in the case of preventive detention, provided that he is returned to him if the investigation for which he was imprisoned ends due to his lack of responsibility or is deprived of it.
- As for imprisonment in implementation of a court ruling, the payment of three-fourths of his salary is suspended if the judgment is not final and will not be returned to him unless the trial ends due to his lack of responsibility.
In all cases, the employee shall be deprived of his salary for the period of his detention if it is the implementation of a final judgment.
It is noted on the text of the aforementioned article regarding suspension from work:
If the suspension from work is in the interest of the investigation, then only half of the salary is paid to him and the period of suspension here does not exceed three months, and it may be renewed for another three months, so the maximum limit is six months.
That half the salary of the employee who is suspended from work is refunded in the interest of the investigation in the event that he is not responsible, or he has been punished with a warning or a deduction for a period not exceeding one week.
But if the suspension from work is in the public interest, nothing is deducted from the employee's salary.
That half of the salary is deducted from the remand employee and three quarters of the salary
He was imprisoned for a non-final ruling, and what was suspended from his salary shall be returned to him if the investigation or trial ended due to his lack of responsibility.
In the event that the imprisonment is executed permanently, the employee will be deprived of his salary for the period of his imprisonment.
Either in the case of preventive detention or implementation of a court ruling outside the State of Kuwait, the employee is deprived of his full salary.
The suspension decision shall be as follows:
The decision to suspend work for the benefit of the investigation is issued based on a ministerial decision regarding leadership and public positions, and a decision by the Undersecretary for the auxiliary and auxiliary technical positions.
As for the suspension from work for the public interest, it is in all cases based on a ministerial decision.
Perhaps what should be pointed out here is that it is not permissible in all cases to impose a disciplinary punishment on the employee except by a reasoned decision, after investigation in writing or verbally, hearing his statements and investigating his defense, as stipulated in Article (55) of the decree on the civil service system.
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