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Formation of a contract:
In all the private sectors of
employees, the Oman Labor law applies to all the employees employed by local or
foreign companies whose office are held in Oman. This Labour law includes all
the detail information of employees. The prudent regulation of this law is
established for the fair behaviour of local and international workers and also
allow protection to employers and employees about working criteria and all the
term and conditions.
All
private sectors employees need to develop an employment contract. This contract
includes all the necessary information like duration of the contract, salary,
notice period for termination, entitlements, job descriptions, nationality,
place of residence, qualification, date of birth and name of contracting
parties must be mention in the provision. Employees are required to respect the
laws, customs and traditions of Oman, in addition to the other terms and
conditions that the contract may include and also include the religion of
Islam.
The
minimum age of employment is 18 years and expatriate shall not be below 21
years of age at the time of employment vice. Retirement age is normally 60
years of all the employees. But due to any reason the retirement age may extend
more than 60 years. it shall also refrain to the country security by engaging
in any activities deemed prejudicial. With each of the employer and the
employee retaining an original for their records, an employment contract should
be executed in duplicate originals. For the limited or unlimited duration, the
employment contract may be established.
The duration of the employment is
depending on the formation of contract and nature of work. It is mention that
employment contract and its specific duration can be explaining by the ability
of an employer to terminate the employees immediately from the contract if no
notice period specifically mentions in the contract. If no limitation mention
in the contract, then it seems to be an unlimited employment contract irrespective
of the duration of the contract as the employment vice is normally issued for a
renewable two years’ period. Limited or unlimited duration of the contract
depended on the contract and working requirement by both parties. Duration of
the contract of employment completely depends on the agreement of employer and
employee and under the provision of law.
Under
the Labour law, employees have right to obtain some benefits according to their
earning as their basic salary, and with various allowance but it also depends
on the employer that can give more allowance as mention by the law according to
its employment relationship. In case of any conflict, the employees can claim
for maximum benefits through law. In the private sector of Oman, the minimum
salary for the Omanis worker are set as RO325 from which the minimum basic
salary is RO225 and RO 100 are considering other allowances. For the expatriate
workers, the law does not specify. basic salary in addition to allowance the
gross salary is establishing. Within the seven days from the end of the period
in which such wages become due, the employer must deposit the employee’s wages
in the employee’s specific bank account.
MOM has taken the necessary step to deposit
the salary of employees into the bank account and there have been some reports
of non-payment of the due wages by the employees to some workers. And this
would be penalizing the employer as per provision. The working hours according
to the law are maximum 45-hours in a week or nine hours in a day. But in the
holy month of Ramzan for the Muslim employees, the working hours reduced to six
hours a day or 30 hours per week. But if the rotational or shift base system is
implemented this would not implement. The policies of MOM in effect and the
agreement between the parties also precedence.
Gratuity terms also mention according
to law. Barring the circumstances entitling an employer to terminate an
employee's contract without any benefit. To expatriate employees upon
termination of their employment contract, the employer is obligated to pay
certain end of services benefits. On the employee's last drawn basic salary and
accrue with the end of service, benefits are calculated as from thereon and in
the subsequent years, the employees shall have entitled to receive the
equivalent of one-month basic salary or for the first three years of services,
the employees shall be entitled to receive the equivalent of 15 days of basic
salary for each year worked.
Under article 40 of the Labour law,
employers may terminate the employment contract without any notice as the
Termination of Employment by the Employer without any benefit. In such case
employer never pay any benefit as the end of service due to many reasons that
include. False identity or commits forgery, does not comply the instructions of
work, commits an errors resulting heavy loss to the employer, absent from the work
from 10 days without reason, disclose any secrets from the employers and many
other causes that enforce the employers to terminate the employee from the work
or remove the employment contract.
With the probationary period for the
employment relationship, the Oman Labour Law has also dealt comprehensively.
The probationary period, not more than three months as per Labour law which is
specified in the employment contract. But with the shirt notice by any party,
the contract may terminate within seven days according to certain conditions.
In the employment contract of indefinite duration, the notice period does not
mention specifically. And nay party can terminate the contract through 30-days
written notice to another party.
At the time of entering the contract, the employer has
to be defrauded as in terms of employment this is the terms that came
concerning them by giving them their rights. As per the law of contract,
employer towards the employees do not perform substantial obligations this
thing can be considered as illegal and it cannot be changed and revised. There
are many different aspects are there that use to work on these laws as if they
were changed this can be a problem for furthers. Against the employee or its
family, the employer must commit some of the cats that are immortal to makes
it's working securely. As prescribed by the relevant authorities, the employer
did not implement any safety measure instead the Labour have great grave danger
threatening.
Leaves are the right of
labours as they can get sick or they have an emergency that leads them towards
the need to leave and going home. Medical leaves are granted by the law to them
but it has some conditions that if these conditions cannot be fulfilled then
they have then this can be considered as misconduct and this is against the law
and can be a threat to labours job. Sick leaves cannot be granted for more than
10 weeks and if it exceeded then it has to be noticed by higher authorities. At
the time of urgency, employees have to show the proof of their emergency and
they can then get emergency leave and this will not get affect their salary.
Maternity leaves to
females are also the part of their job descriptions as women can have almost 50
maternity leaves and they will be granted with a full gross salary to them and
during her services they can get this leaves for three times. An employer
cannot dismiss the pregnant lady or after delivery as according to the rules,
she is entitled to have it. A maximum of six months can be granted to her if in
case she had any issue regarding delivery or any other thing. There are some
special kinds of leaves that employee may have including marriage leaves, any relatives
death’s leave and in case of any blood relations death as this will not affect
their gross salary.
Ans. the various duties of the employers in the
employing Omani citizens, according to a section of employment of citizen a
foreign worker of Oman Labour Law, under the article 11 of the foreigner’s
residence Law explain that for the foreigner’s labourers, it is prohibited to
grant entrance vice for two years that already working in Oman as a previous
working record. In the case of public interest, the general inspector may make
an exception for such period start from the date of last left. To work under a
different employer within Oman according to this criteria, all the employees
can obtain from their previous employers a non-objection certificate that is
known as NOC and this will help the employee to work at any other place without
the interference of any previous employer. This document is considering a
favour from the employer side that he has no objection for doing work at any
other place.
Although favoured by some
employers, there are lots of speculations that the government may introduce an
amendment or change in this rule in the future according to changing
requirement of employers and because of criticism from different sectors that
rule gather. So an employer who leaves their employees and those employees can
come from any other residence then they can work according to proper rules and
regulations under the labour law in Oman. Proper implementation of the law and
its results give benefit to the companies as to when the employee gets the
train in working at a place then he can understand all the techniques and
working style and employee also sign an agreement before its employment with an
employer that under the law the employee cannot leave the job or move at any
other place without authentic reasons according to law. So employer get benefit
from this article as when they start any new project they need employees and
with the help of this law no employee can leave the employer without its
project completion.
Ans. under the law of Juvenile workers, according to
article 75 of the Oman Labour Law. It is going to establish according to law
that minimum age for the employment is 15 years
and all those who fall between the age of 15 to 18 years and consider
minors are not allow to work between 6pm to 6am according to company
requirement as per Law. As per article 76 of the Oman Labour Law, employers are
banned to requiring minors to works on official days of rest or official
holidays or for more than six hours per day as minors are also prohibits from
overtime working or in certain hazardous occupations. Employ minors are
required to post certain items for the display at the conspicuous place in the
work place, in the conformity with the aforementioned workplace. It also
include work time schedules detailing the Juvenile ‘working hours, weekly
holidays and rest periods as well as include the copy of the rules regulating
the employment of juvenile, the current log with the complete information of
minors like their names, ages, date of employment , nature of work and many
other information according to their employment.
According to article 1 of
the Ministerial Decision no.217/2016 as additional part in the parallel of the
labor law, from the person responsible for the juvenile’s care and upbringing,
it is mandate for the employers to obtain a written approval according to all
the conditions. Further discussion explain that juvenile children who seeking
employment at this age might more commonly be from poorer background and it is also understood that juvenile are
in a physical development stage as compare to adults for the working set up.
According to article 3 of the Labour Law, it mandates that during their period
of employment and after that, they have right to obtain many facilities like
they must be provided with a medical checkup for the six months before , during
and after the termination of services in
the expense on employers according to Law. Labor Law of Oman provide complete
protection to minors who are not meeting the age limit of adults but due to any
specific reason they have to work as labour with different employers.
Ans. under the law of women workers, the Labor Law of
Oman also provide lots of protection to the women workers who are performing
work in the companies due to any reasons and they also get lots of leverage
according to Law. As compared to make employees, the Oman Labour law accord
special treatment to women and provide them extra benefits against their
efforts and hard work. The provision of this law for women include lots of
elements like statutory maternity leaves, non-dismissal of a woman employee
during her absence due to any illness confirmed by the medical certificate,
non–assignment for women for work between 9pm and 6am, and it also include
non-discrimination in the work place from the side of employers.
In the work place an employers who employs one of more women workers must have a copy of this regulation of employment of women according to Labour Law. As published the regulations of Occupational safety and health for establishments governed by the Labor law, the Ministerial Decision No, 286/2008 also promulgated in 2012. This regulation is specially design to handle the health and safety need of people with special needs and for the women. For instance, the employers never expose the occupational practice or material in front of women that can show adverse impact of the health and safety of the foetus or safe delivery of children in different situations. So Labor Law try to provide maximum protection and health safety to women and provide them maximum relief according to working conditions and also from the employer side. Women are also part of the society and there are lots of issues arise when the women are working at the same place with men , but Labour Law is provide protection to all the labors and provide them convenience about their work. Women can work according to their capacity and their heath condition so employers are major responsible for the health and safety of the women under the provision of this law and provide them maximum benefit as compare to men in the work field .
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