1. Wages

The employer shall pay the worker the wage agreed upon in the employment contract. This includes the basic wage, allowances, and other benefits specified in the contract. The payment of wages for workers in the private sector is regulated by law, which also ensures their protection. Labour Law, Articles 85-97

https://www.mol.gov.om/Laborlaw

In this regard, we note the following points:

1. A wage protection system has been introduced, which is an electronic system jointly managed by Ministry of Labour and Central Bank of Oman (CBO). This system ensures that wages are paid on time and in the amounts specified in the employment contract, as stipulated by Labour Law. The Ministry is kept informed of wage payments and any delays, allowing it to take proactive measures to ensure workers receive their wages and to prevent any labour disputes or strikes due to wage payment delays.

2. Employers with 50 or more workers are required to prepare a work system manual that includes various rules and provisions, including wage categories, allowances, and the timing of payments.

3. If the employer delays or fails to pay the worker’s wages, the worker can file a settlement request with the relevant administrative division at Ministry of Labour. The Ministry will attempt to resolve the dispute between the worker and the employer within 30 days from the date of the settlement request. If the settlement fails, the dispute will be referred to the competent court.

4. The employer shall pay monthly contributions for non-Omani workers to Social Protection Fund (SPF) to cover maternity leave, work-related injuries and illnesses.

2. Leave

Labour Law and Regulations for Recruiting Non-Omani Workers (Employment Contract for Domestic Workers and Similar Jobs) cover working hours and leave entitlements for non-Omani workers. https://qanoon.om/p/2022/mol20220224/

In this regard, we note the following points:

1. Workers cannot be required to work more than 8 actual hours per day or more than 40 actual hours per week. A daily rest and meal break of one hour must be provided, and continuous work periods must not exceed 6 hours. During Ramadan, the maximum working hours for Muslim workers are 6 hours per day or 30 hours per week. Employers are required to display a work hours schedule and daily and weekly rest periods prominently in the workplace. The Minister will specify by decision the cases and jobs that require work to continue without a rest period for technical reasons or operational conditions. Labour Law, Article 70

2. Non-Omani workers are entitled to sick leave, exceptional leave, maternity and paternity leave, as well as coverage for work-related injuries and illnesses. These provisions are mandatory for non-Omani workers, according to categories specified by a decision from the Board of Directors of Social Protection Fund (SPF). https://gfow.om/?p=2603

3. Non-Omani female workers, whether in the private or public sector, are entitled to paid maternity leave of 98 days (14 weeks), with no limit on the number of times this leave can be taken.

4. All fathers of newborns, including non-Omani workers, are entitled to a full-paid paternity leave of 7 days.

Labour Law, Article 84

5. A non-Omani Muslim female worker is entitled to special leave of 130 days in the event of her husband’s death.

Labour Law, Article 84

6. A non-Omani non-Muslim female worker is entitled to special leave of 14 days in the event of her husband’s death.

Labour Law, Article 84

7. Domestic workers and similar non-Omani workers are entitled to a paid weekly rest day, or compensation in lieu. Employment Contract for Domestic Workers and Similar Jobs (Form 4, Clause 5-c), from Regulations for Recruiting Non-Omani Workers

8. Domestic workers and similar non-Omani workers are entitled to comprehensive paid leave of 30 days for every two years of continuous service, with compensation for unused leave upon termination of service.

Employment Contract for Domestic Workers and Similar Jobs (Form 4, Clause 5-d), from Regulations for Recruiting Non-Omani Workers

3. Transfer from One Employer to Another

Decision No. (157/2020), which amends certain provisions of Executive Regulations of Foreigners Residence Law issued by Royal Oman Police (ROP), regulates the process of transferring a worker from one employer to another. The decision stipulates that:

“An expatriate’s residence may be transferred from one employer to another who has a valid recruitment licence, provided that proof of the termination, dissolution, or ending of the previous employment contract is submitted, and evidence of the approval of the relevant government authority for the second employer’s contract with the expatriate is provided. The transfer must comply with the regulations set by the competent authority. Upon the transfer of the expatriate’s residence, the residence of the accompanying family members must also be transferred to the second employer, provided that the necessary conditions for their residence are met. Until the residence transfer is completed, the first employer remains responsible for all matters related to the expatriate’s residence.”

For more details, refer to Foreigners Residence Law at the following link: https://2u.pw/3SI6xlQ3

Regulations for Recruiting Non-Omani Workers (Employment Contract for Domestic Workers and Similar Jobs) addresses the following aspects:

Workers shall not work for any other employer until the transfer procedures are completed in accordance with the applicable regulations of the relevant authorities.

Domestic workers are subject to a probation period not exceeding 90 days.

The party not wishing to renew (either the worker or the employer) shall notify the other party in writing at least 30 days before the contract expiry date.

The employer may terminate the contract provided that they notify the worker in writing at least 30 days before the contract termination date or pay the full wage for the notice period. The employer may also terminate the contract without observing this notice period or without payment if the other party breaches any of their legal or contractual obligations.

The worker may terminate the contract if it is proven that the employer has committed an assault or breached any significant legal or contractual obligations.

4. Community Culture

Community culture encompasses the collective beliefs, religious values, moral standards, and the resulting behaviours, actions, attitudes, customs, and traditions within a society. It defines the nature of social relationships and sets boundaries among community members. Therefore, familiarising non-Omani workers with the community culture can facilitate their relationship with their employer and prevent many conflicts when these cultural aspects are respected and observed.

The key features of Omani community culture are as follows:

Diversity and Depth: Omani identity is characterised by its diversity and historical depth, blending traditions and cultural values that define Omani society. It includes peaceful coexistence among different ethnicities and religions, celebration of cultural heritage, and loyalty to the homeland, alongside adherence to Islamic teachings. Omani communities are marked by unity and social cohesion, with respect for individuals, families, and local communities, as well as respect for others’ rights and personal freedoms. Respect for this identity should be reflected in upholding ethical values and appreciating the local culture and its beliefs.

Language and Religion: Arabic is the official language in Oman, and Islam is the predominant religion influencing social and cultural life, while respecting other religions.

Dress Code: Traditional dress in Oman reflects modesty and respect for both men and women. Men wear a dishdasha (a long, wide garment with wide sleeves), while women wear an abaya (a loose-fitting, full-length robe) with a hijab. Non-Omanis should wear attire that suits them and aligns with modesty standards.

Women Rights: Women rights in Oman are a fundamental part of the social and legal systems, with specific provisions in Basic Law of the State that guarantee rights for all women, including non-Omanis.

Working Within a Family Setting: When working within a family setting, workers should adhere to basic principles to ensure smooth operations, respect privacy, and maintain positive relationships with family members. This includes not leaving the house without the family’s consent, respecting the home’s privacy, and not interfering in family affairs. Clear communication about tasks and responsibilities is essential to avoid misunderstandings and to uphold the contract in good faith, ensuring efficient and flexible work.

Public Health and Personal Hygiene: All workers are required to adhere to high standards of public health and personal hygiene and ensure the cleanliness of their surroundings and tools to prevent the spread of illness or infection.

Use of Technology: Individuals in Oman should adhere to legal and ethical principles when using technology, including respecting others’ online privacy and not violating intellectual property rights.

5. Freedom of Trade Union Formation

Labour Law guarantees all workers in private sector businesses the right to form and join trade unions, engage in dialogue with employers, and sign collective agreements. These rights are granted to all private sector workers, both Omani and non-Omani, except for running for election to the trade union governing body, which is restricted to Omani workers only.

6. Human Rights Concerns

1. Forced Labour: Employers are prohibited from imposing any form of forced or compulsory labour on workers.

Labour Law, Article 5

2. Passport Retention: Employers are not allowed to keep workers’ passports or personal documents unless they have written consent from the worker.

Labour Law, Article 6

3. Provision of Food and Housing: Employers shall provide appropriate food and housing if the nature of the work requires it, and free medical treatment throughout the contract period unless the worker breaches the employment contract.

Employment Contract for Domestic Workers and Similar Jobs – (Model No. 4, Clause 5-b), from Regulation for Recruiting Non-Omani Workers

4. Leaving Work Without Notice: Workers may leave their job without adhering to the notice period specified in Article 38 of Labour Law, or before the end of a fixed-term contract while retaining all their rights, including end-of-service benefits, and without affecting their right to compensation. This applies after notifying the employer in specific cases, such as when the employer or their representative commits acts that violate public morals towards the worker or physically assaults the worker. Labour Law, Article 41

5. Harassment Penalties: Anyone found guilty of offending a female by word or deed in a manner that violates her modesty shall be punished with imprisonment for not less than one month and not more than one year, and/or a fine of not less than OMR 100 and not more than OMR 300, or one of these penalties.

Penal Code, Article 266

7. Receiving and Monitoring Labour Complaints

Workers can use their membership in trade unions to contact the trade union governing body for support in cases of disputes or conflicts with their employer or for inquiries related to employment relationships. They can also reach out to various government agencies and civil society organisations to report issues or seek advice through several channels, including phone calls, email, social media platforms, or by visiting these agencies in person. These organizations adhere to professional standards to ensure the confidentiality of labour complaints.

These agencies include:

– General Federation of Oman Workers (GFOW)

  – Email: general@gfow.om

  – Website: gfow.om

  – Phone: +968 2230 0500

– Ministry of Labour (MoL)

  – Website: mol.gov.om

  – Phone: +968 8007 7000

– Royal Oman Police (ROP)

  – Email: info@rop.gov.om

  – Website: rop.gov.om

  – Phone: +968 8007 7444

  – For emergencies: 9999

– National Committee to Combat Human Trafficking (NCCH)

  – Website: nccht.om

  – Phone: +968 8007 7444

– Oman Human Rights Commission (OHRC)

  – Email: contact@ohrc.om

  – Website: ohrc.om

  – Phone: +968 2421 8900

  – WhatsApp: +968 7222 1966

8. Labour Complaints and Litigation

Labour complaints and appeals procedures are regulated by Labour Law, which outlines the process for handling such complaints at various stages. Employers with 50 or more workers are required to establish a complaints and grievances system, approved by the relevant authority, and provide workers with a certified copy of it.

Key aspects of Labour Law in this regard include:

Dispute Resolution: Labour disputes should be submitted to the Ministry of Labour following specific guidelines. If a settlement is reached, it becomes binding and is executed under an enforcement order. If settlement fails, the complaint is referred to the competent court.

Legal Procedures: Workers who are dismissed have the right to file a complaint with the relevant authority within 30 days of being notified of the decision.

Court Fees: Claims arising from labour disputes related to Labour Law filed by workers or their beneficiaries are exempt from court fees.

Compensation for Unfair Dismissal: If the court finds that the dismissal was unjust or unlawful, it may order the worker’s reinstatement or require the employer to pay compensation ranging from 3 to 12 months’ salary.

Residence and Departure: Employers shall repatriate non-Omani workers to their home country upon the end of their contract. However, workers can remain in Oman if they have filed a legal claim for their entitlements until the case is resolved.