Introduction of the laws of Omani citizen, women, Juveniles and others
This study will be discussing about the the laws of Omani citizen, women, Juveniles and others. In this study, there will be discussion made about how the Omani law protects the women and Juvenile under the Omani law and why it is important to protect them. The study would also discuss how this law is going to restrict the employer in the employee-employer relationship and what the limitations for Juveniles in the employment contract are. In this study, there will also be discussion made on how Omani law is going to treat the Omani citizen worker and foreign worker.
Task 1
Contents of Work Contracts of the laws of Omani citizen, women, Juveniles and others
The contract between Mr. Saleem Mohammad as employee and leading construction company in Oman as employer, the all contents of contracts will be developed as per the provisions of "Oman" labor law, discussed in the following.
1. There are two parties involved into the contract, Mr. Saleem as employee and "Leading Construction Company" as employer. The place of work will be the construction site and work shop both as per the schedule, it would also include the worknight shifts and ovetime work also which will be paid as per the provisions of labor laws.
2. The employer would have to pay the salary as per defined by the Oman's labor laws for specific position in which Mr. Saleem is going to be appointed. The contract will be expired after two years from its commencement and employer have to pay overtime for the overtime work again as per the labor union laws.
3. There will not be any termination from the job which is undefined on contract. Employer can terminate the employee from job if he misconducts on job or committs the dishonesty or not fulfilling the job performing requirements. Employee would not be terminated on the basis of any discrimination basis.
4. Employer will contribute minimum rate of its contribution into the employees gratuity fund, minimum is defined as per the Oman's labor law.
5. Employee will be eligible for certain number of annual, sick and casual leaves during the time of contract.
6. Employer and employee relationship have been defined by the Omani laws, if any party commits the violation of Omani laws would be considered as guilty and punished.
Task 2 of the laws of Omani citizen, women, Juveniles and others
Discuss Various Duties of Employer in Employing Omani Citizens Under "Employment of Citizens and Foreign Workers of Oman Labor Law"
There are various duties of employer in employing Omani citizens under the section of "Employment of Citizens and Foreign Workers of Oman Labor Law", discussed in the following.
Priority to Omani Worker of the laws of Omani citizen, women, Juveniles and others
There must be priority given to the Omani worker over the foreign worker, because it is the law established by the "Ministry of Manpower" of the government. They have asked the local and foreign investor when they are doing business in Oman and they have to employ the workers, they shall be given the priority to the Omani based citizen’s workers. The ratio of Omani worker and foreign worker would also be controlled and monitored by the Omani government. This provision of law is created because Oman government wants to support its local citizens and they are directly involved with the private companies and businesses to define the rights and duties of the employees with the private employer, because in Oman there is no contract between employee and employer in writing (Javed S. , 2020).
To Inform About Job Vacancy of the laws of Omani citizen, women, Juveniles and others
Employers have to be inform its Omani citizens if there is any job vacancy in their organization, so that they can apply for it instead of a chances of any foreign worker. It would be easy for the employer to inform all Omani citizens’ employees within his office, though they must be fulfilling the criteria and qualification of the job, else the foreign worker would be hired. This is not the scene that employer shall not be forced to hire the Omani worker even if he does not meet the job qualification (Javed O. , 2018).
Health Benefits and Overtime Payment of the laws of Omani citizen, women, Juveniles and others
Employer would have to be paying the health benefits to their employees including the Omani citizen employee. Health benefits are provided when the employee of his family is sick or hospitalized, though it has its limit and range within which health benefits are provided and it is not an full open health benefits facility. Moreover, Omani government is very much strict about the human and employee rights, they have even restricted in some cases and industries to make the employees work overtime. Therefore, employer cannot even imagine taking the work from employee and does not pay him for this. He has to be paying the employee an overtime payment and Omani government is very strict about this even in general. This shows that the Omani government has established the labor rights like in any developed country (Hashim, 2019).
It is important to discuss here that again in detail. Omani government is not restricting the employer to must employ the Omani worker at every job position. Omani law allows the employer to at least expect the Omani worker to meet the qualification standards and criteria’s of the job. Otherwise, the foreign worker would be hired on the job because he is more experienced and technical qualification he has. Omani laws would never support the regressive laws which do not provide the support to the growth of economy and introduction of modern business practices to support the economy (Javed S. , 2020). In poor and developing countries, employers do not provide the overtime remuneration to its workers which are fully against the human rights and international labor laws. Therefore, Omani government has showed their serious concern about the same and they have warned the employer not to commit this violation of law which is highly unethical.
Task 3
Under the Section of Employment of Juveniles, Women and Labor dispute of Oman Labor Law, discuss what the working conditions protections are given under the law to Juvenile workers.
Working Condition Protections to Juvenile Workers
Juvenile Workers may be defined as the workers who are fifteen or above age but under the eighteen ages. They are prohibited to be working in specific industries and employer cannot employ them as a worker in those industries which is not prohibited under the law. Secondly, they are also not allowed to be working in night as night shift. Employer cannot ask Juvenile worker to be working in night shift as this is also prohibited. If employer does that, it would be the violation of law and government can penalize the employer for this. Thirdly, employer cannot ask the Juvenile worker for the overtime and it would also be the violation of the law (Hashim, 2019).
There are specific thoughts to develop this law and why Juvenile worker is very much protected by the government. First of all, he is earning for studies and he is not at the age of becoming professional worker or employee. Therefore, Juvenile workers are not allowed to be working in night shifts as they have to go early to their colleges and universities. They also need to read and study in night for which they cannot be allowed to work for the employer for money. It would be bad for the government and Oman city as its next generation would not be that productive. This shows that Oman government is a caring government and meeting the standards of developed country (Javed S. , 2020).
Even in some developed countries, its policies and laws does not represent as much right as presented by the Omani government. They have to be protected because they are the one who is going to work for the country in future and they will practice the modern business practices. These three prohibitions prevents the employee to take the advantage of Juvenile worker because there are more chances of that employer can easily exploit them because they are younger and they do not have much negotiation power due to lack of experience. Oman government is becoming their guardian and fighting for their rights with the private sector. Otherwise, the private sector wants to exploit the people as much as possible (Javed O. , 2018).
Juvenile worker is such kind of worker who wants to fulfill his personal and studies expenses. They mostly do the job to cover their professional studies expenses and Omani government wants to support this. This is the reason they do not stop the Juvenile worker from working but they also have developed such laws in which they cannot be exploited. Employer cannot ask them to work overtime because they are not needy for extra money; instead they only want to cover academic fee and that it. This shows that Omani laws meet the quality of laws developed for European laws (Hashim, 2019).
Task 4
Under the section of Employment of Juveniles, Women and labour dispute of Oman labour law, discuss what the working conditions protections are given under the law to Women workers.
Working Condition Protection to the Women Workers under Oman Law
According to the law, there will be no discrimination allowed to the women worker and if it happens then it will be considered as of the violation of law. This is very useful law because it is most likely that they would become the victim of discrimination if there is no such law exist in the Oman or any other country even the developed country. Secondly, it would not be allowed to the women to be working under certain types of industries and nature of corporate, this decision is directly taken by the decisions of the Minister. Third, women workers are not allowed to perform those job functions which involve too much hard work in their nature and can be harmful for the women (Mushaq, 2018).
These are very important laws developed for the women so that they can be treated without discrimination as well as considering their natural ability to hard work. Oman law does consider the fact that women are not same as women in terms of natural physical ability; therefore law compensates them through not allowing the women to be working in specific industries (Javed O. , 2018).
Moreover, law is also supporting them not to be discriminated by the employer, because men are enjoying the superiority over the women in this world, law also come here to protect them.
This law also provides the spirit of Islam where women are treated gracefully and with respect. Even in the modern time where equality between men and women is high concern, it would not be allowed to consider them equal naturally and then ask the women to do heavy and difficult jobs which must be especially designed for men. This shows that Omani government is providing the Islamic spirit state through its laws and they are protecting the women rights where developed countries do not consider it very well (Hashim, 2019).
Conclusion of the laws of Omani citizen, women, Juveniles and others
It is concluded that the Omani law is providing the full support to the Omani citizen worker and law has made it clear to the employer that his first priority would be the Omani worker on the job if he meets the criteria and qualification. Moreover, It also come to know that there is no legal contract between the employee and employer because Oman government have themselves established the basic laws and the relationship between employee and employer.
Furthermore, Omani government is very much concerned about its Juvenile workers because they are under eighteen and government has to be providing them the protection under law. They do not want the exploitation of youngest labor and neither have they wanted them to ignore their studies. Therefore, Omani government has established the law in accordance with Juvenile worker would not be allowed to be working in night shifts and neither do overtime working. This is because they do not want to ignore their studies through working in nights and overtime, they are just earning to support the family or their own professional education.
It is also concluded that the Omani law is also well-protecting the women, because though they are treated equally to the men in society, but still they are different from men naturally. They are prohibited to perform those job functions which require huge hard work and muscles, only men are allowed to do those jobs.
REFERENCES of the laws of Omani citizen, women, Juveniles and others
Hashim, J. (2019, July 27). Leading the way on workers’ rights in Oman. Retrieved May 09, 2020, from TimesofOman: https://timesofoman.com/article/1676408/oman/leading-the-way-on-workers-rights-in-oman
Javed, O. (2018, July 14). Juvenile crimes down in Oman - thanks to government. Retrieved May 09, 2020, from timesofoman: https://timesofoman.com/article/138098/oman/juvenile-crimes-down-in-omanthanks-to-government
Javed, S. (2020, April 27). Oman workers federation records several violations of worker's rights. Retrieved May 09, 2020, from Times of Oman: https://timesofoman.com/article/3014255/oman/oman-workers-federation-records-several-violations-of-workers-rights
Matthhews, D. (2015, February 09). How To Start A Business In Oman. Retrieved May 09, 2020, from Forbes: https://www.forbes.com/sites/danmatthews/2015/02/09/how-to-start-a-business-in-oman/#3add487f4977
Mushaq, J. (2018, August 12). New labour law rules to protect expat workers in Oman. Retrieved May 09, 2020, from Forbes: https://timesofoman.com/article/139656/oman/manpower-ministry-issues-new-regulation-on-absconding-expat-workers