Report on Business law in Oman

Contents

Introduction 2

Question 1 2

Objectives and importance of Agency law 2

Structure and contribution of the Oman court 2

Question 2 3

Unfair labour practice and reaction of Oman to prevent such practices 3

Interview with, Michael Dave, The human resource manager of National bank of Oman 3

Question 1 3

Question 2 3

Question 3 3

Question 4 4

Question 5 4

Question 3 4

Explanation about tort law 4

Tort law in Oman 4

Question 4 5

Information about six aspects of valid contract and its importance with example 5

Example 5

Conclusion 5

References 7

Introduction of  Business law in Oman

It can be noted that business law is playing a major role in moving any business in right direction. The business law is considered as the main body of law that is controlling business and commerce. If any business wanted to stay in the market for a long period. Then the business have to obey all laws properly. The next important thing is that business laws are controlling all activities regarding corporate or an organization.  There are many countries that are adopting business laws for their companies. From them, Oman is also considering business laws in its organization. For that case, detail information is given below. 

Question 1

Objectives and importance of Agency law

The main thing about the agency law is that there is a need of certified contract between the principal and agent. This shows the importance of agency law is extremely high. The fact is that agent is related to the association carried between the two important parties. These parties are principal and agents. Moreover, the main role of agent is to generate number of contracts between the principal and the third party. Furthermore, only agent is involved in representing principal in its contract. The next thing is that agency law is related to the contract between agent and principal. This shows that in any agency law there is an effect of two different contracts. According to this, the first contract is made between the third party and principal with the help of agent’s work. On the other hand, second contract is between the principal and agent and is done through the power of agent (Geraint G. Howells, 2009). 

Moreover, according to the Oman Royal Decree, the importance of agency law is extremely high. This is because it is providing essential benefits to the economy of Oman. It can be seen from the Article 5 of the law. Due to agency law, the competition between the transparent and liberal market has been increased. They are involved in developing their business and provided benefits to the Oman’s economy. But according to the article 5 there is no ministry of commerce in Oman. All of these changes are providing essential help to the economy of Oman because there is increase in completion in the Oman’s market. 

Structure and contribution of the Oman court

It can be noted that Oman also contains a fabulous court structure and it is completely based on the Islamic rules and regulation.  Moreover, the court system of Oman is completely a mixture of inquisitorial and adversary. The hierarchy structure in Oman court is according to the Islam rules. According to this structure, Summary Jurisdiction court is present at the lower level. On the other hand, Preliminary courts are considered at higher level. Moreover, supreme courts are present at the top. The next important point is that all of these courts are dealing with various crimes like criminal, commercial and civil cases. On the other hand, personal matters are resolved in Sharia courts. Such courts are considered as Islamic courts. Due to this case, if a person is innocence or guilt will be decided by the judge. On the other hand. If cases are heard in Supreme courts then main decision will be made by Sultan and judges of court (Linda Mulcahy, 2004). 

Moreover, the next point is that the Royal Decree No.9/2012, legal system and Oman court is playing a vital role in the community of Oman. This shows that Sultan is holding the part of Royal Decree and the main decisions of legal system and court activities are handled by the judges (Linda Mulcahy, 2004).  

Question 2

Unfair labour practice and reaction of Oman to prevent such practices 

According to the Oman Royal Decree Section 186(2), there is complete information about the labour relations Act in different organizations of Oman. Moreover, it is also explaining unfair labour practices between the employee and employer. The main aim of this law is to give proper direction to the employer to prevent any unfair labour practice happening in the organization. For that case, the management of the company has to work on the training of employees so that there will be no unfair act happened in the organization. Moreover, this unfair labour act is also preventing protecting employees from unfair suspension. The next important point is that this law is completely against the any act that is unfair with the employee working in organization. Another important point is that the Labour law of Oman is protecting the occupational detriments. This is providing essential protection to the employee so they can work with freedom in any company (Bojarski, et al., 2016). 

Interview with, Michael Dave, The human resource manager of National bank of Oman 

Question 1: Do you have proper information about the unfair labour act of Oman?

Answer: Yes, before this post, I was aware about the unfair labour act of Oman. This is why our bank is operated on these acts in a perfect way. Moreover, I am also aware about the importance and value of these acts in organization. 

Question 2: Is it possible that any employee is involved in committing unfair labour practice against employer? 

Answer: I would say that employee has the key to commit against any unfair practice in the organization. Moreover, according to unfair labour law employee has proper rights to commit against such acts. 

Question 3: Can you give some information about the time required to file any unfair labour practice in organization.

 Answer: According to the Unfair Labour act, the charge will be filled with SERB within 90 days of the incident.

Question 4 : Do you thing that unfair labour is providing benefits to employer?

Answer: Yes, there are also some advantages for the employers. But this law is providing more benefits to the labour community of Oman. 

Question 5

Have you ever faced a problem related to unfair act with employee?

Answer: Yes, when I have completed my master and doing internship in an organization. in that particular company I have seen unfair act with the employee. The employee was a lady and she was dismissed due to excessive sick leaves. The main reason was that she had an road accident. 

Question 3

Explanation about tort law 

It can be noted that tort law is just defining the wrong. Moreover, in Oman it is also signifying wrong dead. It shows that the body of the law is saying that if a person get injured badly then he can easily get compensate from the person that led to the injury. Due to this, all responsibility of an injured person is on the individual that led to the injury. This shows that the importance of tort law is extremely high in Oman. This is because it is generating palliate tension among the individuals so they will not carry same mistake again. Due to this law, the person who is injured will be saved. This means the person that is providing damage and injury to the other will be suffered. Due to this, the person is required to pay the medical bills of the injured person until he gets recovered from injury. The next thing is that he has to protect him from any kind of physical and metal sufferings from injuries (Mulcahy, 2008). 

Tort law in Oman 

It can be noted that this tort law is applied in Oman in different circumstances. This shows the importance of this law in business activities. The first tort law is applied between the two construction companies. The first one is Oman construction and the next one is Tennessee. This is showing that if any business is struggling with low or other defects due to other business then tort law will be applied. Then according to that the company who is providing damage will pay the complete bills. Every business that is operated in Oman has to pay the expanse involved in any kind of misconduct to different business. There is no restriction to public and small private organization. According to this law, every organization has to pay the expenses involved in any issue. The main aim of this law is to keep city save from any kind of harm and problem. This is because if any business wanted to damage business of others must aware of the law statement (Roger Blanpain, 2010).

Question 4

Information about six aspects of valid contract and its importance with example

It can be noted that these six aspects are extremely important for a valid contract. This is because due to these aspects a complete valid contract is formed between the two parties. These six aspects of the contract included, object of the contract, mutuality of obligation, capacity and competency, consideration, offer and acceptance. Moreover, another fact is that if any contract is lacking one aspect of the contract is considered as invalid. In any contract, any offer will be considered as written or may be oral when it is not a written law. Another fact is that offer is considered as important aspect of the contract. This is because every contract is started with an offer. The offer is considered as the main promise made by the contractor before writing a contract. The written contract is started just after the offer is made between the two parties. Moreover, the whole contract is made according to this offer (IBP, Inc, 2009). 

The next important aspect of the contract is acceptance. It is showing that the acceptance of the contract is not able to be modified. This means that when the acceptance is made between the two parties then they are not able to modify it. The main reason behind it is that the acceptance is made when one party accepts the offer of the contractor. According to the fact, consideration is the third aspect of a contract. It is the service, payment, event and an object provided by the parties of a contact. This means that if a contract of labour is done with employee at $60 per week then the employee is required to complete all tasks of the week. On the other hand. Competency and capacity deals with the contractual capacity of an individual that is writing the whole contract. This means that it is not required to hire a disable person for help. This is because disable person lacks contractual capacity. On the other hand, the last aspect is related to the object of the contract. It can be seen that there are a lot of examples of these six elements of a contact. Moreover, the important thing is that valid contracts are extremely important for any business. Another thing is that if someone wanted to buy a car then he will sign valid contract with the company. This shows that in that contract there is complete information about the warranty and other things about the car (IBP, Inc, 2009). 

Example of  Business law in Oman

This point can be explained with the help of an example. Oman Oiling marketing company is considered best for the example. Moreover, the elements of a contract is playing a major role in building foundation of a company. Moreover, it is not easy to dismiss an employee from the company according to the contract. This means that whenever a company hired an employee then a contract is filled between the employee and the company. On the other hand, employee is also not able to leave the company easily. If any company wanted to dismiss an employee then this information is written in the article 40 and 41 of the organizational contact. Furthermore, if any company wanted to stay in the market for long period, then they are required to operate according to the organizational contract (Geraint G. Howells, 2009). 

Conclusion of  Business law in Oman

Summing up all the discussion from above, it is concluded that business law is playing a major role in operating any business with perfection. The next important thing is that business laws are controlling all activities regarding corporate or an organization.  This shows the importance of agency law is extremely high. The fact is that agent is related to the association carried between the two important parties. The next important point is that all of these courts are dealing with various crimes like criminal, commercial and civil cases. On the other hand, personal matters are resolved in Sharia courts. The main aim of this law is to give proper direction to the employer to prevent any unfair labour practice happening in the organization. 

References of  Business law in Oman

Bojarski, M. et al., 2016. End to end learning for self-driving cars. arXiv preprint arXiv:1604.07316 .

Geraint G. Howells, R. S., 2009. Modernising and Harmonising Consumer Contract Law. s.l.: sellier. european law publ.,.

IBP, Inc, 2009. Papua New Guinea Oil and Gas Sector, Energy Policy, Laws and Regulations Handbook Volume 1 Principal Laws, Regulations and Policies. s.l.:Lulu.com,.

lexology, 2020. Employment & labour law in Australia. [Online] 

Available at: https://www.lexology.com/library/detail.aspx?g=a8a46fb9-725d-4176-8565-5befa7e10c44

Linda Mulcahy, J. T., 2004. Contract Law in Perspective. s.l.: Psychology Press.

Mary Keyes, T. W., 2016. Codifying Contract Law: International and Consumer Law Perspectives. s.l.:Routledge.

Miller, R. L., 2016. Business Law: Text & Cases - Commercial Law for Accountants. s.l.:Cengage Learning,.

Mulcahy, L., 2008. Contract Law in Perspective. s.l.:Routledge.

Roger Blanpain, H. N. T. A., 2010. Regulation of Fixed-term Employment Contracts: A Comparative Overview. s.l.:Kluwer Law International.