Firms not complying with the provisions of the labour law will be suspended from accessing ministry services for a year. These include the protection of expats who receive their no objection certificates NOCs from being reported as absconding by their employers. The new decision also revealed that any company that makes more than five complaints a month will be investigated by the authorities. The decision also included information on the procedures and consequences of reporting an absconding employee.
The contract of employment must be made in writing in Arabic and in two copies, one for each party. If the contract is written in a language other than Arabic it must be accompanied by, at least, an Arabic version, which must be approved by both parties and must have the same weight in evidence.
If there is no written contract the employee may prove his rights by all means of evidence.
The employee must be given a receipt of the documents and the certificates, he lodges with the employer. If a party to the contract is unable to read or write or if he does not know the language in which the contract is written, the contract must be authenticated by the legally concerned authority.
The contract of employment must, in particular, include the following information: Provided that the period of notice, which the employer gives to the employee must not be less than the period provided for in this law.
Any other conditions determined by the law The contract must be accompanied by an undertaking from the employee which must include the following: To abide by the terms and conditions stipulated in the contract To respect Islamic religion, the laws of the country, its customs and social traditions.
To refrain from interfering in any activities prejudicial to the security of the country. An employee may not be appointed under probation for a period which exceeds three months for those who receive their salaries monthly, and one month for those who receive their salaries otherwise.
No employee shall be appointed under more than one probationary period by the same employer, and the probationary period if successfully passed, will be counted in the period of service. Any party may terminate the contract during the probationary period by giving the other party at least a seven day notice.
The employer may not deviate from the terms of the contract or ask the employee to perform any work not agreed upon unless such work is so necessary and temporary, Nevertheless, the employee may be required to perform a work not agreed upon if such work does not substantially differ from the original work.
The employer must open a special file for each employee, containing particularly the following: The employer must keep the file referred to in the preceding paragraph, for at least one year after termination of service. He shall exercise, in carrying out his duty, the care and diligence of the ordinary person.
Obey the employer's instructions in respect of the work agreed upon if such instructions are not inconsistent with the contract, the law and morals and if the obedience of such instructions will not expose him to danger. Look after the means of production entrusted to him and to exercise, in so doing, the care of an ordinary person and shall take all the necessary measures for their maintenance and safety.
Not disclose work secrets. Undertake to continuously develop his skills and experience professionally and culturally in accordance with the rules and procedures established by the employer.
Not use the tools of work outside the place of work except after an approval from the employer and shall keep such tools in their proper places.
Observe the instructions of safety and occupational health adopted by the establishment whether pursuant to the law or its executive rules and decisions or in accordance with the rules and regulations of the work and its instructions.
An employer who employs fifteen employees or more, shall put in a conspicuous place in his establishment, the regulations of work after their approval by the Ministry. These regulations shall consist of: An employer shall amend the regulations if required by the Ministry pursuant to the laws, regulations and decisions which will be issued.
An employer who employs fifteen employees or more shall put in a conspicuous place in his establishment a charter of discipline and the conditions of its application. For the implementation of such charter, its rules and its amendments must be approved by the Ministry within two months from the date it is presented to the Ministry.
If such period lapses without the approval or non- approval of the Ministry being obtained, the Charter becomes applicable. An employee cannot be accused of an offence after the expiry of more than fifteen days from the date on which the offence is discovered, likewise no disciplinary punishment shall be imposed on an employee after the expiry of more than thirty days from the date on which the offence has been proved, in the case of employees who receive their salaries on a monthly basis, and more than fifteen days for other employees.To, Date: ..
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SULTANATE OF OMAN MINISTRY OF MANPOWER. LABOUR LAW write or does not understand the language of the contract, such contract.