Report on the Labour Law in the Oman

Table of Contents

Introduction 3

Task 1: Content of work contract as per the provision of Oman Labour law 3

Formation of Contract: 3

Gratuity Terms: 3

Terms of leaves of Labors: 3

Termination of contract of workers 4

Laws related to wages, Notice period: 4

Laws for Pregnant lady workers: 4

Employee Rights related to Resident: 4

Employee safety at work Laws: 5

Task 2: Various duties of employers in employing Omani citizens. 5

Task 3: Protection of working conditions under the law of Juvenile workers. 6

Task 4: Protections under the law of women workers. 6

Conclusion 8

References 8

Introduction of the Labour Law in Oman

This assignment is about developing a contract according to the Oman Labour Law. Different areas related to the content of the work contract are discussed here in detail. Different duties under the Omani Labour Law for different employers are also clearly described here in this report. It is also discussed here about the Juveniles, women and Labour disputes of Oman Labour Law. Different working conditions including the law of Juvenile workers and law of women workers are discussed.  

Task 1: Content of work contract as per the provision of Oman Labour law

Formation of contract:

Employment contract is essential part of the work. Employment contract include all the information of contracting parties like their name, date of birth, qualification, place of residence, nationality, entitlement, duration of the contract, nationality, notice period and salary and many other details. Further this contract include customs and tradition of Oman, religion of Islam, respect of law and many others and also mention engaging in any activity that may cause for security of country. All the original records and their duplicate copies also attach with the contract to keep evidence. This contract is very important to develop strong relationship with its employers. 

Duration of the contract of the Labour Law in Oman:

Duration is depend on the working terms so it can be say that employment contract is developed for limited or for unlimited period . Specific duration of the employment contract is depending on the ability of employers so that it can remove the employee from the job with notice period. It no any limitation specify in the contract then it is consider unlimited. Irrespective of the duration of contract, the employment is normally considered for renewable for two years period. 

Terms of wages, leave and working hours:

According to Labour /law of Oman, employee have right to obtain some benefits like allowances or basic salary and sometime employer give more benefit to employee more than mention in the law according to its relationship. If employer not provide additional benefit that employee can obtain those benefits with the help of law. 

Wages of the Omani people at minimum level is RO325 which include RO 100 allowances and RO 225 are the basic salary. For the expatriate workers the law never describes any minimum limit of salary. Basic salary with the allowances consider as gross salary. At the end of period the employer are responsible to deposit the wages in the employee’s account within seven days. MOM are the responsible for deliver the salary of employees from the employers into their accounts on time. 

According to law, 45 working hours or nine hours in a day is required for working. But specially in the holy month of ramzan, the working hours minimize to six hours per day or in week 30 hours according to convenience of employees. But in shift system of rotational, these cases not apply. 

Terms of Probation period and termination contract:

The Oman Labour Law has enforced on the probation period in the relationship of employments. Normally the probation period may not exceed more than three months according to Labour Law. But in some cases both parties may terminate the job by giving the notice of seven days and left the job. Both party may terminate the contract by giving a 30 days written notice to the other party , in the case of indefinite duration employment contract, where in the notice period is not specifically mentioned. Notice must include the reasons for termination. In Oman proper termination reasons and methods must be following to remove the employee from job. 

Gratuity terms:

The employer are responsible for paying some benefits after the termination of job of employee and these services are provided always at the end of service. Gratuity is the right of every employee at the time of termination and obtains some important benefits from the employer against its long term efforts. According to employee’s last basic salary and accrue the end of service benefits can be measured as from that year or subsequent years the employee receive its one month basic salary and for the first three service years , the employee obtain its basic salary equivalent to 15 days for each year worked with employer. 

Employer’s right to dismiss the worker:

Employer have complete right to dismiss the employee without any notice or pay any benefit as end of service in different cases, which include determined to be drunk, disclose any secret of the employer, absent more than 10 days from the work without any solid reason, does not comply the instruction of employer or commit any violation of duties according to their agreement. 

Termination of contract of work:

According to article 43 of the Labour Law, employer terminate the employee with complete benefits in different situation like death of worker, expiry of contract of completion of work, disability of worker, sickness of employees  or over age employee. 

Employees also terminate the contract and also get benefits from employers with different situation that include employer does not perform substantial obligations, employer defrauded then in respect of terms of employment at the time of entering into contract and many others. 

Terms and condition for different leaves:

Different terms and conditions also mention in case of different leave. Different leaves include sick leave, emergency leave, maternity leave, special leave, annual leaves and official holidays. These all leaves are provided to employee by the employers according to certain conditions and deduction can be application according to employer’s willingness. Wages payment during sick leave provided as first and  second week work complete gross salary, third and fourth week with three Quarter of their gross salary , fifth and sixth week with half gross salary and seventh to the 10th week with one quarter of the gross salary. 

Task 2: Various duties of employers in employing Omani citizens.

Ans. Under the article 11 of the foreigner’s residence Law according to a section of employment of citizen a foreign worker of Oman Labour Law, in employing the Omani citizens the various duties of the employers related to foreigner’s labourers explain that it is prohibited to offer the entrance vice for two years as the previous work records and already working in Oman. The general inspector may make an exception for such period start from the date of last left in the case of public interest. All the employees can gather from their previous employers a non-objection certificate that is renowned as NOC and this will provide help with the employee to work at any other place without the interference of any previous employer, according to criteria to work under a different employer within Oman. Employers give favour in the form of this document to implement no any objection on the working at some other place for the employee (Elecker, 2013).

Because of criticism from the different sectors that rule gather, 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, although favoured by some employers. An employee can work according to proper rules and regulations under the Labour law in Oman when an employer who leaves their employee and those employees can come from any other residence. When the employee gets the train in working at a place then he can better understand all the working style and techniques and they also sign an agreement before its employment with an employer that according to law the employee cannot leave the job r move to some other place without logical or authentic reason under the law then the proper implementation of the law and its results give benefits to the companies. So with the help of this law, no employee can leave the employer without its project completion and employer get benefit from this article as when they start any new project and they need employees. So the law also gives complete rights and protection to employers with the protection of employee in the working terms and conditions and they have to manage all the issues legally without creating any problem.  

Task 3: Protection of working conditions under the law of Juvenile workers.  

Ans. according to article 75 of the Oman Labour Law under the law of Juvenile workers, proper rights and benefits provided to juvenile. As per Law according to company, all those who fall between the age of 15 to 18 years and consider minors are not allowed to work between 6 pm to 6 am and the minimum age of employment is 15 years as it is established according to law. Employers are not allowed to call the minor for work on official days of rest or official holidays or in certain hazardous occupations or more than six hours per day as minors are prohibits from overtime working. At the conspicuous place in the workplace, in the conformity with the aforementioned workplace, employ minors are required to post certain items for the display. it includes the copy of the rules regulating the employment of Juvenile, the current log with the complete information of minors like nature of work, date of employment, name, ages and other relevant information belong to their employment and it also include work time schedules detailing the juvenile’s working hours, weekly holidays and rest period. 

It is mandate from the employer to obtain a written approval according to all the condition from the person who is responsible for the juvenile’s care and upbringing, according to article 1 of the ministerial decision no.217/2016 as additional part in the parallel of the Labour law. It is also understood that juvenile is in a physical development stage as compare to adults for the working set up and further discussion explain that juvenile children who seeking employment at this age might more commonly be from poorer background. Juvenile have right to obtain many facilities and benefits like before, during and after termination of services in the expense on employer according to Law, they must provide with a medical checkup of the six months, according to article 3 of the Labour Law. Due to any specific reason they have to work as Labour with different employers and the Labour law of Oman provides complete protection to minors who are not meeting the age limit of adults (Zadac, 2018). 

Task 4: Protections under the law of women workers.

The Labour law of Oman provide lots of safety to the women according to law of women workers who are performing work in the different organizations because if any financial reasons and because of this law they obtain lots of benefits and leverages. By becoming the employee of the organization, against their efforts and hard work, the Oman Labour law provides special treatment to women and also grants them additional benefits. Law provision for the women include many advantages which consider as non-discrimination in the work place for the side of employers, non-assignment for women for work between 9pm to 6am, statutory maternity leaves, and non-dismissal of a woman employee during her absence due to any illness which is confirmed through the medical certificate. 

As per Labor Law, in the work place a business who selects at least one ladies laborers have a duplicate of this guideline of work of ladies. The Ministerial Decision No, 286/2008 likewise proclaimed in 2012 which is distributed the guidelines of Occupational security and wellbeing for foundations administered by the Labor law. With the exceptional requirements for the ladies, this guideline is uncommonly configuration to deal with the wellbeing and security need of the individuals. The unfriendly effect of the wellbeing and security of the hatchling or wellbeing conveyance of kids in the various circumstances, the business never uncover the word related practice or material before ladies as per diverse circumstance for example. From the business side, the Labor laws attempt its most extreme level to give assurance and wellbeing security to all the working ladies and grant them greatest alleviation as per their working conditions. At the point when the ladies are working at a similar spot then there are bunches of issues emerge yet work law is available to give them comfort about their work and security to all the Labor as ladies are likewise part of society and they need to appreciate similar rights simply like men. Under the arrangement of this law, ladies can perform fill in according to their ability and capacity and as per their wellbeing condition so business are liable for the security and wellbeing insurance of ladies and in the work field they need to give safer place to ladies as contrast with men.

Every private part representatives are have to build up a work contract. This agreement incorporates all the essential data like length of agreement, pay, notice period for end, privileges, sets of expectations, nationality, spot of living arrangement, capability, date of birth and name of contracting parties must be notice in the arrangement. Representatives are required to regard the laws, customs and customary of Oman, notwithstanding different terms and conditions that the agreement may incorporate and furthermore incorporate the religion of Islam. The base time of business is 18 years and ostracize will not be beneath 21 years old at the hour of work tight clamp. Retirement age is typically 60 years of the considerable number of workers. Be that as it may, because of any explanation the retirement age may expand female horse than 60 years. It will likewise hold back to the nation security by taking part in any exercises considered biased. With every one of the business and the worker holding a unique for their records, a business agreement ought to be executed in copy firsts. For constrained or boundless length the business agreement might be build up.

Conclusion of the Labour Law in Oman

At the end it is concluded that Omani Labour law is a specific law which is protecting the labour in Oman and it clarify the rights of the labour. It is also concluded that Oman Labour Law comprises on different conditions protecting the law of Juvenile workers and the law of Juvenile women. It is also concluded that different duties about the employers are clearly described in the Oman Labour Law which is good for Omani nation to protect them in almost every field by asking employers to fulfill their duties and responsibilities. 

References of the Labour Law in Oman

Belwal, S., 2019. Family friendly policies and the Omani Labour Law: What it entails for women employees in Oman. pp. 315-348.

Elecker, J., 2013. Oman Labour Law. pp. 1-24.

globallegalinsights.com, 2015. Employment labour law. [Online] 

Available at: https://www.globallegalinsights.com/practice-areas/employment-and-labour-laws-and-regulations/oman

Lawteacher.net, 2016. Provisions of the Labour Laws in Oman. [Online] 

Available at: https://www.lawteacher.net/free-law-essays/employment-law/provisions-of-the-labour-laws-in-oman-employment-law-essay.php

Zadac, W., 2018. A PRIMER ON OMAN’S PRIVATE SECTOR LABOR LAW. pp. 1-10.