KSA Protection for Whistleblowers reporting potential criminal offences

Whilst it remains the case that KSA does not have a general regulation providing for whistleblowers protection in an employment context, KSA Cabinet Decision No 629 of 1445 on the approval of the law for the protection of whistleblowers witnesses experts and victims; does provide protection for individuals who provide crucial information or evidence related to crimes covered by the law.

Which crimes are covered

The crimes covered by the Law are “major crimes warranting arrest” as defined under Saudi legislation, including offences such as corruption, bribery, money laundering, forgery, major financial crimes, serious violence, and other offences classified as arrest-warranting crimes under applicable Saudi laws (Crime). Whoever voluntarily provides information or evidence giving reason to believe that such a Crime has been or may be perpetrated, or who helps expose its perpetrators, is entitled to protection under the Law against any form of retaliation or victimisation. Reports may be made to the competent oversight, control, investigation or evidence authorities, including in particular the Public Prosecution or any other authority with jurisdiction over the relevant major crime.

What protections are available to individuals in their employment

The law prohibits detrimental actions against whistleblowers, witnesses, experts, and victims within the workplace. It explicitly prohibits termination of employment, changes in legal or administrative status that reduce rights, arbitrary disciplinary actions, or any form of retaliation due to their involvement in reporting or testifying.

To whom can individuals complain

In case of any adverse employment actions taken against protected individuals, the Programme Department, which is established within the Public Prosecution, is mandated to take necessary actions to provide redress in coordination with relevant authorities. This includes reinstatement, compensation, or other appropriate remedies to mitigate the impact of retaliatory actions.

How do they prove adverse treatment

If a protected individual files a complaint regarding adverse employment actions, the burden of proof rests with the employer or relevant authority to demonstrate that such actions were taken for legitimate reasons and not as a reprisal for their protected activity.

What confidentiality obligation apply

Employers are bound by strict confidentiality requirements concerning the identity and information of protected individuals. Unauthorised disclosure of such information within the workplace may result in legal consequences, including fines and imprisonment.

Is any help available to individuals blowing the whistle

The law mandates provisions for financial assistance and job placement support for protected individuals who may face employment-related challenges due to their involvement in reporting or providing evidence of crimes to ensure individuals are not financially disadvantaged or discriminated against in the labour market as a result of their actions.

What penalties apply to employers breaching the decision

As a deterrent, employers found to have violated the employment protections outlined in the law may face penalties (of up to SAR 5 million), including fines or prohibition from contracting with public entities (for up to five years).  Importantly, penalties are not imposed through employee-initiated claims. Instead, enforcement is carried out by the competent investigative and regulatory authorities, including the Public Prosecution or, for corruption-related offences, the Control and Anti-Corruption Authority. These authorities investigate violations and the courts impose penalties following prosecution.

Examples of penalties which can apply include:

• Six months imprisonment and a fine of SAR 100,000 for termination of employment;
• One year imprisonment and a fine for SAR 200,000 for revealing data;
• Attempting to bribe or incentivise an individual to refrain from giving evidence of a crime could attract a fine of SAR 300,000 and potential imprisonment of two years; and
• Use of force or violence to intimidate a whistleblower could attract three years imprisonment and a fine of SAR 500,000. 

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