Oman Labour Law PDF

Recruitment and Selection Hiring the people you want Course: Recruitment and Selection Course Code: BAHR2203 Specialization: HRM College of Economics and Business Administration Course learning outcomes 1. Legal implications of recruitment and selection.  Chapter-8...

Recruitment and Selection Hiring the people you want Course: Recruitment and Selection Course Code: BAHR2203 Specialization: HRM College of Economics and Business Administration Course learning outcomes 1. Legal implications of recruitment and selection.  Chapter-8 Contents - 1.Oman labour law-Definitions - 2. Employment of Citizens and Regulation of Foreigners' Work - 3. Contract of Work - 4. Employment of juveniles - 5. Employment of women  1.Definitions – OLL Article (1) Employer: Every natural or corporate person employing one or more workers in consideration of the wage. Worker : Every natural person who works with the employer in consideration of a wage and under his management and supervision. 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. 1.Definitions – OLL Article (1) 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. 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 1.Definitions – OLL Article (1) 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 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. 1.Definitions: Working hours Article (70): Working hours :An employee may not be required to work for more than nine hours a day and to a maximum of 45 hours a week with at least half an hour breaks for taking food and rest. The maximum work hours during Ramadan shall be six hours a day or 30 hours a week for Muslim employees. A decision by the Ministry may determine the timing of the work hours. 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. Provisions - Working hours Article (70): An employee may be required to work for more hours than those provided in the interest of work so dictates provided that the total original and extra work hours not exceed 12 (twelve) hours a day. The employer shall pay the employee overtime equal to his basic salary against the extra work hours plus at least 25% for day-time work and 50% for night work that employee agree in writing to the extra work and the return. Provisions on - Leaves Article (67): The worker is entitled to a special leave with Gross Wage as follows: 1- Three days in case of his marriage and shall not be granted more than once throughout the period of his service. 2- Three days in case of the death of a son, daughter, mother, father, wife, grandfather, grandmother, brother or sister. 3- Two days in case of the death of an uncle, or an aunt. 4- Fifteen days for the performance of Al-Haj (pilgrimage) once throughout the period of his service, provided that he has completed one year in the service of the employer. 5- Fifteen days during the year for the purpose of sitting for examination in case of an Omani worker who is an associate student with one of the schools, institutes, colleges or universities. 6- One hundred and thirty days for a working Muslim wife in the event of her husband’s death.  Contract of Work Article (21): The contract of work shall be confirmed by writing and issued in Arabic of two copies, one copy for each party. If the contract is written in a language other than Arabic, one copy in Arabic shall be annexed and approved by the two parties to the contract which shall be equally authentic. Article (22): If any one of the parties to the contract is unable to read or write or does not understand the language of the contract, such contract shall be authenticated by the competent authority according to the law.  3.Oman labour law- Contract of Work Article (23): The contract of work shall particularly include the following information: 1. Name of the employer and the establishment and address of the work place. 2. Name of the worker, his date of birth, qualification, job or occupation, place of residence and nationality. 3. The nature and type of work and duration of the contract. 4. The basic salary and any allowances, privileges or remunerations to which the worker is entitled under the current terms of employment, and the method and time of payment of the agreed wage. 5. The reasonable period of notice which shall be given by anyone of the parties who intends to revoke the contract, provided that the period of notice which and employer gives to a worker shall not be less than the period prescribed by this law. 6. Any other particulars to be specified by the law.  3.Oman labour law- Contract of Work Article (23): There shall be annexed to the contract an undertaking from the worker which includes the following: 1- That he will abide by the terms and conditions of work as provided in the contract. 2- To respect Islamic religion, the laws, customs and social traditions of the country. 3- Not to engage in any activity which is detrimental to the country's security  3 Contract of Work –Probationary Period Article (24): Probation Period Limits: A worker on a monthly salary cannot have a probation period longer than three months. A worker paid in any other way cannot have a probation period longer than one month. One-Time Probation: A worker cannot be placed on probation more than once with the same employer. Written Agreement: The probation period must always be stated in the employment contract. Termination During Probation: Either the employer or the worker can terminate the contract during probation with at least seven days’ notice if the job is not a good fit.  3 Contract of Work- Special File Article (26): The employer shall create a special file for each worker which includes in particular: 1- his name, his age, social status, place of residence and nationality; 2- his job or occupation, experience and qualification; 3- date of commencement of work, his wage and any changes thereto; 4- annual, sick and special leaves awarded, and any penalties imposed of him; 5- date and reasons for termination of service. The employer shall keep the file provided in the above paragraph at least or one year from the date of termination of service.  3.Contract of Work: Renewal & Termination 1. Renewal of Limited Contracts : Article (36): - If a fixed-term contract continues after its end date, it automatically becomes a permanent contract with the same terms. 2. Termination of Indefinite Contracts : Article (37): - Either party can terminate an indefinite contract with written notice. - Notice period : - 30 days for monthly-paid workers. - 15 days for other workers. - Longer notice periods can be agreed upon in the contract. 3. Compensation for No Notice: - If a contract is terminated without giving the required notice, the terminating party must compensate the other party an amount equal to the Gross Wage for the notice period. 3.Contract of Work: Dismissal without Notice Article (40): An employer can dismiss a worker without notice or end-of-service benefits if the worker: 1.False Identity: Uses a fake identity or forged documents to get the job. 2.Financial Loss: Causes significant financial loss to the employer, with the incident reported within 3 days. 3.Safety Violations: Ignores written safety instructions that could harm the workplace or workers. 4.Unexcused Absence: Absent for more than 10 days in a year without valid reason. Absent for more than 7 consecutive days after a warning on the 5th day. 5.Disclosing Secrets: Shares confidential company information. 6.Criminal Conviction: Is convicted of a crime related to dishonor, trust, or a felony at work. 7.Drunkenness/Drugs: Is intoxicated or under the influence during working hours. 8.Assault: Commits serious assault on the employer, manager, colleagues, or others at work, causing injury or delay of more than 10 days.  3. Contract of Work –Termination of contract Article (43): The contract of work shall terminate in any of the following cases: 1- the expiry of its period or completion of the work agreed upon; 2- the death of the worker; 3- disability of the worker to perform his works; 4- resignation or dismissal of the worker or abandonment of the wok in accordance with the provisions of this law; 5- sickness of the worker to an extent that compels him to discontinue his work for a continuous or an interrupted period of not less than ten weeks during one year; 4. Employment of juveniles Article (75): The employment of juveniles from both sexes or permission thereto to enter the places of work before they attain the age of fifteen is prohibited. Article (76): Juvenile employees who are less than eighteen years of age shall not be required to work between 6 pm and 6 am nor shall they be required to do actual work for a period exceeding six hours a day. Juvenile employees shall not be caused to stay in the work place for more than seven continuous hours and the working hours shall be separated by one or more intervals for rest and meal taking the total of which shall not be less than one hour. Employment of WOMEN 1. Article (81): Night Work Restriction: Women cannot work between 9 PM and 6 AM unless allowed by the Minister. 2. Article (82): Prohibited Work: Women cannot perform jobs harmful to health, physically demanding, or as restricted by the Minister. 3. Article (83): Maternity Leave: Women are entitled to 50 days of fully paid maternity leave, up to 3 times during their employment with the same employer. 4. Article (84): Protection from Dismissal: Women cannot be dismissed for pregnancy or childbirth-related illness (with a medical certificate) if the absence does not exceed 6 months. 5. Article (85): Regulations Copy: Employers must keep a copy of women’s employment regulations in the workplace.  Case study: An organization in Oman decided to implement flexible working and conduct a survey with the employees and came out with following is the result: ‘The hours are designed so I can pick up my children and I am really grateful that the company are flexible enough to let me work like that.’ A flexible worker explained. ‘It makes me feel really positive about where I work, the fact that they have been open and supportive of me changing my hours, going down to four days and the earlier starts. I think Hachette are good at supporting people in flexible working.’ explained one Senior Executive. Having flexible working arrangements can benefit employees’ health and can also be used when health is not at optimal level. The occupational health team often recommends flexible working arrangements for employees who are facing physical and mental health issues. Anecdotal feedback from flexible workers suggests that employees who work flexibly feel positive about their job and the organization as they feel they have an element of control and choice over scheduling their work around the rest of their life. In contrast, the flexible worker also talked about the negative consequences when they don’t have a working from home day scheduled. Flexible working can sometimes present the challenge of having less interaction between colleagues when in the office, particularly the informal conversations: ‘There can be those moments where a conversation will be struck up which is helpful, in terms of how you are managing an account or thinking about how we are going to sell a certain book. And those moments are less likely with everybody working at home.’ These moments are important because they encourage collaboration between different departments and within teams, which helps to avoid individuals working in silos. One flexible worker noted that they don’t always have a good work–life balance because of trying to juggle so many things at work and home, though they noted that this is a conscious choice: ‘I’m exhausted all the time, but that’s because I have chosen to work full-time.’ Discussion Questions: Explain all the rules related to work, types of work and working hours under Oman Labor Law Does flexible working hours are permitted in Oman Labor Law? what are the rules related to working hours? Do you recommend the flexible working hours in the organization and why? References Oman labor law https://omanportal.gov.om/wps/wcm/connect/de3f2c2e- 9ea4-486f-98eb-1ced8de58832/Labour+Law.pdf?MOD= AJPERES&CACHEID=de3f2c2e-9ea4-486f-98eb-1ced8de 58832 http://www.parliament.am/library/ashxatanqayinorensgr qer19/oman.pdf https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/67540/ 84139/F1719028671/OMN67540.pdf Expatriate law https://www.mol.gov.om/Content/Arabicpdf/Guidlinepdf/ English-pdf.pdf  CONTACT INFORMATION: Name of the Staff :Dr.Sangeetha Natarajan. Office:: B 215 Email:[email protected] VERSION HISTORY Version No Date Approved Changes incorporated 01 Sem. (II) 2023/2024 22