Flexible Working and Employment Regulations

Course Information

• Course: Recruitment and Selection
• Course Code: BAHR2203
• Specialization: HRM
• College: Economics and Business Administration

Learning Outcomes

• Legal implications of recruitment and selection

Chapter 8: Contents

• Oman labour law-Definitions
• Employment of Citizens and Regulation of Foreigners' Work
• Contract of Work
• Employment of juveniles
• Employment of women

1. Definitions - OLL Article (1)

• Employer: Every natural or corporate person employing one or more workers for wages.
• Worker: Every natural person who works for an employer for wages, under their management and supervision.
• Contract of Work: Every contract where a person agrees to work for an employer for wages, under their management and supervision.
• Casual Work: Work not part of the employer's regular activities, lasting no longer than six months.
• Temporary Work: Work that must be completed within a fixed time.
• Part-Time Worker: Worker whose usual hours/days are less than those prescribed by law.
• Over-Time Work: Work performed beyond prescribed working hours.
• Basic Salary: Agreed payment in cash, as stated in the work contract, plus periodic allowances.
• Gross Salary: Basic salary plus all other allowances.
• Probationary Period: A period to evaluate a worker's suitability, enabling both parties to understand the working conditions.

1. Definitions: Working hours

• Article (70): Employee may not work more than nine hours a day, max 45 hours a week, at least half an hour break for food/rest. Maximum work hours during Ramadan are six hours a day/30 hours a week for Muslim workers. Ministry may determine the timing.
• Night working hours: Time between 9 PM and 5 AM when the worker is at the employer’s disposal.
• Juvenile Worker: Natural person who has reached the age of 15 but not 18.

Provisions - Working hours

• Article (70): An employee may work more hours than scheduled if necessary, and provided total work hours do not exceed 12 a day.
• Overtime pay is equal to basic salary plus at least 25% for daytime and 50% for night work (if agreed in writing).

Provisions on Leaves

• Article (67): Workers are entitled to special leave with gross wages:
  • Three days for marriage (not more than once during service).
  • Three days for death of son, daughter, mother, father, wife, grandparent, brother or sister.
  • Two days for death of uncle or aunt.
  • Fifteen days for performing Hajj (if one-year service with the employer).
  • Fifteen days for sitting for exams (if an Omani worker is an associate student).
  • One hundred and thirty days for a Muslim wife in the event of her husband's death.

Contract of Work

• Article (21): Contracts are confirmed in writing in two copies (Arabic). If in another language, an Arabic copy must be attached and authenticated by both parties.
• Article (22): If a party cannot read/write or understand the contract language, it must be authenticated by the competent authority.

3. Oman labour law - Contract of Work

• Article (23): Contracts must include:
  • Employer's name, establishment, and workplace address.
  • Worker's name, date of birth, qualifications, job, residence, and nationality.
  • Work type, the nature of the work & the contract duration.
  • Basic salary and allowances, privileges, and compensation, including the method and time of payment.
  • A reasonable notice period for contract termination (employer to worker should not be less than that prescribed by law).
  • Any other particulars specified by law.
• Article (23): Contract must include undertaking from the worker to abide by terms and conditions, respect Islamic relgion, laws, customs and social traditions of the country, and to avoid any activity detrimental to the country's security.

3 Contract of Work -Probationary Period

• Article (24) Probation Period Limits: Monthly-paid workers cannot have a probation period longer than three months, other workers cannot exceed one month.
• One-time probation only. Employee cannot be put on probation more than once with same employer.
• The probation period must be stated in the employment contract
• Termination during probation with 7 days' notice if either party does not wish to continue, such as, the Job is not a good fit.

3 Contract of Work - Special File

• Article (26): Employer must create a special file for each worker. The file must contain the following:
  • Name, age, gender, social status, and nationality
  • Job, experience, qualifications
  • Start date, wages, and wage changes
  • Any special or annual leave awarded, and punishments
  • Reason for termination/end of contract

3. Contract of Work: Renewal & Termination

• Renewal of Limited Contracts (Article 36): Fixed-term contracts automatically become permanent contracts if the initial agreement is not terminated at its expiration.
• Termination of Indefinite Contracts (Article 37): Either party can terminate an indefinite contract with written notice. Notice periods: 30 days for monthly-paid workers, 15 days for other workers.

3. Contract of Work: Dismissal without Notice

• Article (40): Reasons for dismissal without notice & benefits: -False identity/forged documents
  • Causing significant financial loss to the employer. -Ignoring safety instructions. -Unexcused absence (more than 10 days in a year or more than 7 consecutive days following a warning on the 5th day). -Disclosure of confidential information. -Criminal, dishonorable or fraudulent activities. -Serious intoxication or drug use during work hours. -Assault (with resulting injuries); and causing delays of over 10 days in the work.

3. Contract of Work -Termination of contract

• Article (43): Contract ends in the following situations:
  • The expiry of the period or completion of the agreed upon work.
  • Death of the worker. -Inability of the worker to complete the work.
  • Resignation or dismissal of the worker, or abandonment of work in accordance with the law.
  • Illness of the worker preventing work for ten or more weeks in a year.

4. Employment of Juveniles

• Article (75): Employment of juveniles younger than 15 is prohibited.
• Article (76): Juveniles below 18 cannot work between 6 PM and 6 AM, exceeding six hours per day, or more than seven consecutive hours without breaks (of at least one hour).

Employment of WOMEN

• Article (81): Night work restriction for women (cannot work between 9 PM and 6 AM).
• Article (82): Prohibited work for women. Cannot perform health/physically demanding jobs.
• Article (83): Maternity leave: 50 days fully paid; maximum 3 times during employment.
• Article (84): Protection from dismissal linked to pregnancy and childbirth issues.
• Article (85): Employers are required to maintain and keep a copy of the women's employment regulations in the workplace.

This quiz covers key aspects of flexible working, including challenges, benefits, and legal requirements in the workplace. Explore questions related to work-life balance, contract essentials, and specific leave entitlements. Perfect for understanding the dynamics of modern employment arrangements.