Oman labour law

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2/25/2021

Spring 2020 -21

Semester 4 UG 091 : Oman Labour Law

Lecture 3 : LO 3 : Assess the impact of legal provisions on Employment of Citizens and Foreign workers , Employment of Juveniles and Women and resolution of Labour disputes

BSC Accounting Auding and Finance

Assessment Criteria

3.1.Explain the legal provisions of employment of Citizens and regulations of Foreigners’ work

3.2 Discuss various legal provisions of employment of Juveniles.

3.3 Discuss various legal provisions of employment of Women

3.4 Explain how to redress labour disputes under the provisions of Oman Labour Law.

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LABOUR LAW- CHAPTER ONE Definitions & General Provisions PART –1 Definitions

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Definitions

The Ministry :The Ministry of Manpower (The Ministry of Labour)

The Minister :The Minister of Manpower.

The Directorate :The Labour directorate or office or its branches.

The Establishment :Every undertaking which is run by a natural person or a body corporate employing one or more workers in consideration of a wage.

Definitions

The Employee :Every natural person who works with the employer in consideration of a wage and under his management and supervision.

The Work :Every contract under which a natural person undertakes to work for the interest of an employer and under his management and supervision in consideration of a wage.

Contract of Work :Every contract under which a natural person undertakes to work for the interest of an employer and under his management and supervision in consideration of a wage.

Definitions

The Temporary Work :The work that by its nature is required to be executed and completed within a fixed period of time.

Part-Time Worker :The Worker whose usual hours or days of works are less than those prescribed by this law.

Over-Time Work :The work is performed in hours which exceed the working hours prescribed by this law.

Definitions

The Casual Work :The work which does not by its nature come within the activity practiced by the employer and which does not last longer than six months.

Probationary Period :A period during which the suitability of the worker is being examined and which enables the employer to assess the worker, either from the technical or moral point of view, and which enables the worker to become acquainted with the conditions of the work.

Definitions

Basic Salary :The payment agreed upon between the employee and the employer in cash as stated in the work contract in addition to periodical allowances.

Gross Salary :The basic salary in addition to all other allowances payable to the employee in return for his work.

Definitions

Continuous Service :The uninterrupted service with the same employer or his legal successor and the periods of absence approved by the employer, shall not affect the continuity of the service.

Labour Disputes : Any dispute between the employer and the worker if it relates to the employment of the worker or the terms of his services or the conditions of his work.

Definitions

Working Hours : The time during which the worker is at the employer's disposal and does not include the periods of rest.

Night working Hours : The time between 9:00pm and 5:00 am during which the worker is at the employer's disposal.

Juvenile Worker :Every natural person who has reached the age of fifteen but has not reached the age of eighteen.

CHAPTER TWO- Employment of Citizens and Organization of Foreigners Work

Part I Employment of Citizens

Article 11: The employer shall employ the Omani workers to the maximum possible extent.

The ratio of Omanis to the foreigners in the various economic sectors or the activities covered by each sector as may be necessitated by the circumstances of each sector or activity and the extent of availability of the necessary Omani workers, shall be determined by a decision of the Minister.

The employer shall ensure the equality of all workers when the nature and conditions of their work are similar.

Article 12: Citizen

Any Omani who is fit and desirous to work may apply for registration of his name with the relevant directorate or Labour office

S/He should state details of his age, qualifications, experience, preferences and the work he desires to join in addition to any other information as may by determined by the Ministry.

Such department shall register the applications in serial number upon receipt thereof

And shall give the applicant an acknowledgement of registration in the form specified by the Ministry.

Article 13: Responsibility of the Directorate

The relevant directorate in the context of procuring employment for Omani citizens, shall assume responsibility for the following:

Obtain from employers, information of vacant posts and occupations and the necessary conditions for filling them.

nomination of applicants to the vacant posts and occupations if they satisfy the necessary conditions for filling them.

Article 13: Responsibility of the Directorate

providing advice and assistance to the applicants in relation to the fields of vocational training and guidance to facilitate their employment in the vacant posts and occupations.

any other matters as may be specified by the Minister. The nominations made by this directorate shall be binding of employers except for such activities and regions as may be specified by a decision of the minister.

Article 14: Duty of an employer

The employer or his representative shall send the following to the relevant directorate during the month of January of each year on the forms prescribed by the Ministry:

a detailed statement on the number of his workers classified according to the types of their jobs, occupations, their wages and gender.

a statement of the reasons for not filling the posts and occupations which have fallen vacant or have been created during the past year, if any.

Article 14: Duty of an employer

a statement on the status of work conditions and anything related thereto in respect of employment opportunities and the expected increase or decrease in their number during one year.

Article 14: Duty of an employer

The employer or his representative shall notify the relevant directorate in writing of the posts and occupations which fall vacant or have been created at his place of work, whatever their type is, with information on each one of them and the wage thereof and the specified date for its occupation within one month from the date of the vacancy or creation thereof.

Article 14: Duty of an employer

The employer who employs fifty workers or more shall appoint persons who are of special needs nominated by the relevant directorate who are occupationally qualified in jobs which are suitable to there conditions, within such limits as may be determined by a decision of the Minister.

Such persons of special needs who are employed pursuant to the preceding paragraph shall enjoy all the rights prescribed for other workers.

Part II Regulation of foreigners Employment

Article 18

The employer is prohibited from bringing forward non-Omani workers unless he has obtained a permit from the Ministry. The grant of such permit shall be subject to the following conditions:

That there are not among the Omanis the sufficient work force for the posts or occupations;

That the employer has complied with the prescribed percentages of Omanization; and

Payment of determined fees.

Article 18

A non-Omani is prohibited from joining any work in the Sultanate before obtaining a labour card, the grant of which shall be subject to the following conditions:

that the worker has the professional competence or technical skill or the qualifications needed by the country;

that the employer has a permit to bring the worker forward in accordance with the first paragraph of this section;

that the worker has entered the country in a lawful manner and satisfies the conditions provided in the Foreigners Residence Law;

Article 18

that the worker is medically fit and free of such contagious and chronic diseases as may be specified by the Ministry of Health.

That the worker has entered into a contract with an Omani or non-Omani employer who has obtained the necessary permit from the ministry of Commerce & Industry, if the worker is needed to work in the establishment;

That the prescribed fees have been paid.

The labour card shall be granted upon the employer’s request.

References

GLI - Global Legal Insights International legal business solutions. (2019). International legal business solutions - Global Legal Insights. [online] Available at: https://www.globallegalinsights.com/practice-areas/employment-and-labour-laws-and-regulations/oman [Accessed 20 Sep. 2019].

Omanportal.gov.om. (2019). [online] Available at: https://omanportal.gov.om/wps/portal/index/cr/employmentandmanpower/laborandpolicies/!ut/p/a1/hc_LDoIwEAXQr2EpM7SKj12VoKLS4BO7MWhqJUFqAOX3RcNG42N2d3JuMgMCQhBpdItVVMQ6jZJHFvaOB5ZtjThOuL-ykI1wGfC-S_iaVmBbAfwyDP_1NyB-ErdVA4pDRN4dzwZs3kLiEb8ftH2CK3wHk-WMIaFr1-tObeo4zRr8OHIhU_BAqETvn09vWbqnHQUik0eZycy8ZtX6VBSXvGeggWVZmkprlUjzoM8GfqqcdF5A-Crhcg4xHjeGm07O7s2lN_g!/dl5/d5/L0lKQSEvUUt3RS80RUkhL2Vu/ [Accessed 20 Sep. 2019].

References

Anon, (2019). [online] Available at: https://www.mtholyoke.edu/~deflu20a/classweb/omanization/laborlaw.html [Accessed 20 Sep. 2019].

Oman Observer. (2019). Expatriate workforce and violation of labour law. [online] Available at: https://www.omanobserver.om/expatriate-workforce-and-violation-of-labour-law/ [Accessed 20 Sep. 2019].

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