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Labor laws are devised
for providing equal opportunities and level playing field to the employees.
They ensure the protection of the rights of labors and also set forth the
obligations and responsibilities that they should fulfill. Other functions of
labor laws include the physical and mental well-being, and safety of the
employees. It is the responsibility of government to devise rules and
regulations for the imposition of these laws, so that labor class cannot be
exploited and are provided with a free and fair system for work. Though many
employers would follow fair work practices without any enforcement but not
everyone would do that so for that purpose government should take measures for
the enforcement of labor laws. Punishments should also be given to people who
would not strictly follow the labor laws.
·
To get a sound understanding of the
theories related to labor.
·
To study the Omani laws relating to labor
·
To evaluate critically the laws and
regulations.
Many laws and theories
have been devised to encourage fair work practices and to avoid the
exploitation of labor;
This theory promotes the
perception that, the economic value of a good or service is determined by the
amount of labor effort put into its production. The association of this theory
is usually denoted with Marxian Economics. According to this theory a commodity
is priced in terms of the labor that must be expended by the purchaser to buy
it. It gives the concept that how much saving can be done by the purchaser in
terms of labor by buying a commodity.
The two most important
theories relating to labor are discussed below;
In this theory,
employment is depended on the effective demand. The effectiveness of demand
results in output. Income is created by output. Employment is provided by
income. All these four quantities are assumed as equal to each other, namely;
effective demand (EQ), output (Q), income (Y) and, employment (N). According to
Keynes, employment is regarded as a function of income. There are two factors
that determine demand, the aggregate function of supply and the aggregate
function of demand. The aggregate function of supply is depended on the
conditions of production, whether physical or technical, and they do not change
in the short-run. As per Keynes, employment can be increased by increasing the
consumption or investment. Consumption is depended on income and when there is
a raise in income, there is also a raise in consumption, but that raise is not
as much as the income. In short, a raise in income also raise savings.
In the classical theory,
the existence of full employment without inflation is assumed over the long
period. Given, the flexibility of wage-price, there are automatic forces of
employment in the economic system, that have the tendency for the maintenance
of full employment, and make the economy to produce output at that level in the
long-run. According to this theory, the condition of full-employment is
regarded as a normal condition and any if there is any deviation from it, is
regarded as something abnormal. Since, due to competition the economy is
already pushed towards full employment rate.
1. The
situation of full employment, without inflation is normal.
2. Without
foreign trade, the economy is laissez faire capitalistic.
3. In
the labor, money and product markets, there is a condition of erfect
competition.
4. There
is homogeneity in labor.
5. Between
the consumption and investment expenditure, the total output of the economy is
divided.
6. Money
is regarded as only a medium of exchange, and the quantity of money is also
given.
7. There
is flexibility in prices and wages.
8. There
is a directly proportional relationship between money wages and real wages.
So above were the laws
and theories related to employment and labor. The purpose of these laws and
theories is to give the framework of how wages should be determined and how
workers should be allocated to different jobs. An explanation is provided by
these theories in matters such as, why the skilled labors are paid more than
unskilled labor, and guidance regarding all such other matters is also provided
by such theories.
Task
2: As
per the Omani Law, an employee is
anyone who is working for salary under an employer, and also under his
supervision and management.
And, an employer is a natural person or a body
corporate that has employed one or more persons in return for salary.
According to the law, the
juveniles are those who have reached
the age of fifteen but not eighteen yet.
The law says that it is
prohibited to employ a juvenile, whether it is a male or a female. So the law
has applied proper ban on employing any juvenile in industries or anywhere.
Further the law says that, the juveniles are not only permitted for employment,
but also from entering places of work before the age of fifteen. So they are
even not allowed to enter a place of employment. This is definitely a god step
to avoid child labor and let kids of that age focus on study rather than
earning. The law says that the minister may increase the age of work for the
juveniles for some industries due to the nature of work, it may be in
industries related to petrol and oil etc.
The article 76, of the
Omani Labor law says that, juveniles below the age of eighteen should not be
allowed to work and further it specifies the time in which they are prohibited
to work, it says that between, 6 p. m and 6 a. m the juveniles are not allowed
to work. Then it comes to the hours in a day ,according to the law, the
juveniles should not be allowed to work for more than ix hours in a day.
Then the law states the
total time for which juveniles if working in an industry are allowed to stay
there. So the so according to the law the juveniles are only allowed a time of
seven hours in a day to be at the work place and not more than that. Further it
says that during the time it at work, there should be breaks of at least one
hour in total, and they should be allowed to have meals in those breaks. Such
period or periods must be already fixed so that they would work for more than
four hours, consecutively.
Then the law gives the
provisions for overtime, for juveniles workers, it says that the juveniles
should not be made to work for overtimes, and they should also not be allowed
to be in the work place after the work time is over. The juveniles are also not
required to work on official holidays or any other off days. Then the law in
article 78 tells that what is required of the employer who employees juveniles.
The law requires the employer of juveniles to place a copy of the rules
relating to the work in the work place, that are required by this law and
whatever laws are required to be placed at workplace by the Minister himself.
The employer is also requires to have a list prepared on which the names of the
juveniles are written that are working in the factory or industry, and also their
ages, and the date on which they started the employment should also be written.
Also display in the work place the work hours, periods and the times of rest
that the juvenile workers would be getting. Another thing required from the
employers of juveniles is that they should inform the Directorate in advance
with the details of juveniles, it means before the juveniles start working the
Directorate should be informed and also the names of the supervisors of the
juveniles should be informed.
So above were the
provisions of the Oman Labor Law, regarding the juveniles and it is very
evident that they are very carefully planned, to avoid any type of oppression
on the workers. It is a great initiative to specify the time in which the
juveniles can work so that the employer do not take overtimes from them. As the
juveniles do not have much valor to talk for themselves so the law does it for
the juveniles to save them from any problems.
Labor
Laws for women workers – Omani Law
The Omani Labor Law have
also given provisions regarding the female workers in the industries. The law
says that all the rules that are for relating to the employment of workers, do apply
in the same way to the female workers as well, and there is no discrimination
in it. However there are some provisions regarding the working hours that are
different, for the female workers. According to the article 81, the females
shall not be allowed to work between 6pm and 6am in general. However they may
be allowed to work between 6pm and 6am in special cases. In those specific
situations they may work late hours by the decision of the Minister. According
to the article 82, the females shall not be employed to perform a work that is of
hard or involves lifting heavy materials or is harmful to health. Or any other
work that would require a permission from the minister.
There are also provisions
regarding the maternity leaves for the female workers. Any female worker who
has been working with an employer for a year or more, has the right to show a
medical certificate with the delivery date and to demand a maternity leave
before and after the period of delivery, it should be for a period not exceeding
six weeks in total before or after the delivery. The female worker has the
right to whether consider this leave as a sick leave or a maternity leave
whatever she wants. The sick leave will be governed by separate provisions.
According to the article
84, the employer cannot dismiss a women worker who is absent due to sickness or
any other reason related to pregnancy. However such a period of absence should
not be more than six months in total and a medical certificate should also be
provided as an evidence of sickness.
The employer of the
female workers is also allowed to display in the work place the rules list for
the female employees. Other than that, the Minister will also issue the rules
and regulations for the employment of female workers and under what
circumstances they should be allowed to work, and any other conditions which
may be necessary.
So the government of Oman
has given out laws for the protection and the insurance of fair work
environment for the female workers. B the help of this law the exploitation of
the female workers would be reduced to a great extent and women would be
allowed to work in a safe and healthy environment. This initiative will give
women a sense of security and they would feel more confident at work place.
This is a great initiative for women empowerment.
For an employer to bring
non-Omani workers in Oman, he has to take a formal permission letter from the
Ministry, and only after taking permission from the ministry he can bring
non-Omanis to work. There are certain conditions on which this permission will
be granted;
·
The first condition is that, in case there
are not enough Omanis for the work then the non-Omani workers can be employed
for that job.
·
The employer who is employing non-Omani
workers, must follow the provisions for Omanisation. He must employ the Omanis
in the number in the percentage required by the Omanisation.
·
The employer must pay the specified fees
for employing the foreign or non-Omani workers.
For the foreign workers
to work in Oman ,they must obtain the Labor card first and they would only be
allowed to work in Oman after getting that card, and there are also some
conditions and terms for attaining that Labor card, according to the law;
·
The first condition is that the employee
must have the skills or technical knowledge or experience that is required by
the country. It means that the labor might have some kind of specification or
knowledge to work in Oman, he must be expert in something.
·
The second condition is that the employer
has brought the employee in the Oman in accordance with the laws above, and
there is no breach of law in bringing the employee to Oman.
·
The employer must have himself entered
Oman by the lawful ways and no illegalities be involved in it. the employer
must also comply with the provisions of Expatriates Residence Law (this law is
addresses the matters relating to the residence of the foreigners in the
Sultanate of Oman).
·
The next condition is related to the
health of the employee. The employee who is a foreigner must be fit according
to the medical grounds and have no infectious or chronic illnesses. The
provisions of Health Ministry must be followed in this case.
·
In case the foreign employee has to work
in the establishment of Oman, the employee must sign an agreement with the
Omani employer or the non-Omani employer having the license from the ministry
of commerce and industry of Oman.
·
The prescribed fees must be paid, as per
the laws.
·
When the request from the employer will be
made the labor card will be granted, provided all the conditions are fulfilled.
The next is the article 19, for the
foreign workers in Oman. A decision shall be issued by the Minister that would
be giving the determination regarding the following matters;
·
The fees for the labor card and it renewal
and also the fees for the license for the supply of foreign employees, all of
this would be done after coordinating with the Minister of Finance and after
taking approval from the Cabinet of Ministers.
·
The determination of labor card and the
form and the determination of its duration as well. The renewal of the card
will be for the same period or for any other period as determined by the
decision.
·
With the non-Omanis any jobs or businesses
cannot be done.
The next article is
article 20 for the foreign workers in Oman. In this article it is said that no
person will be allowed to do take foreign workers in Oman, if someone does that
than he must have to take a license for that purpose by the Ministry. Also an
employer cannot sign a contract with any other person, for the purpose of
supplying workers that are of foreign origin to that person, unless he has a
license to do that. For obtaining that license, the conditions that must be
fulfilled and the rights and obligations for attainment of that license, the
contract must be in written form and it must also specify the type of work, the
classes and the salaries of the employees as per the job or occupation of each
one of them, and also the obligation by that license that the employee must
return back to the place of his origin must be included in that contract. The employer,
who was responsible for bringing in those employees of foreign origin, is not
allowed to take any amount of money from them as the consideration or fees for bringing
them in. If the employer takes any amount of money from the employees he has
brought in he is committing a breach of law and for that he must be punished.
The Omani law has posed
very strict regulations for the entry and work allowed to foreign employees.
This is in the interest of the Omani locals but for the foreign workers it is
not any good and they are going to lose jobs.
Conclusion
Oman is one of the fastest growing economy in the Gulf region. Its monarch Sultan Qaboos, did serious efforts to make Oman a growing economy and it progressed a lot during his reign. Now Oman is on its way to become even more progressive, and for that purpose every field of the economy needs laws and regulations. With the laws and rules governing every field the work will be done in an efficient manner and the country would progress. The Omani Labor law has specified almost everything for the labor, and now by this law book in hand, no employer would be able to exploit the employees and the work place would be a more comfortable place for the employees. The laws made for juveniles are also commendable, because usually the perception is that they should not be allowed to work but in many places juveniles are seen working, so to protect their rights and to provide fair working conditions it is important for some laws and regulations to be in place. This law has specified the working hours for the juveniles, the pay rates and many other things as well. For any nation to progress, the women should be given equal rights and opportunities to prosper. In this law, the women are treated as equal to men and all the provisions of employment of men and women workers are kept same except some regulations relating time, and maternity leaves, which are specific to women. In this way women will be confident that they are treated as equal and they will then take part in the prosperity and development of the nation with more enthusiasm.
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