Based on the Labour Law promulgated by Royal Decree 35/2003,
and in pursuance of public interest,
it is hereby decided
Article I
In the application of the provisions of this decision, any person who performs work inside or outside the home and who can, because of the nature of his employment, access the secrets of his sponsor is considered a domestic worker. Any person who brings this worker to work for him under his management and supervision is considered a sponsor.
Article II
The following is required to sponsor workers:
1. That the applicant meets the prescribed conditions.
2. That the worker is medically fit and free from the diseases specified by the Ministry of Health.
3. That the applicant pays the prescribed fees.
Article III
All that applies to non-Omani workers also applies to permits for the sponsorship of workers, their labour card, their medical examination, and the transfer of their sponsorship, in a manner that does not conflict with the provisions of this decision.
Article IV
The employment contract must be written in the Arabic language. If the contract is not in the Arabic language, a copy in the Arabic language signed by both parties must be attached to it. This copy has the same evidentiary force.
The contract must include all the rights and obligations of its parties and the conditions governing employment.
Article V
The employment contract must contain the following obligations of the sponsor:
1. That the worker is paid a monthly wage in the national currency within seven days from the end of each month or from the end of the period for which a wage is due. The sponsor is not discharged from the wage unless the worker signs what evidences the receipt of his wage.
2. Providing appropriate food and accommodation when the nature of the work so requires, as well as local medical treatment free of charge for the worker throughout the contract period.
3. Notifying the competent directorate in the ministry in the event of the end of the service of the worker or his absconding. In the event of absconding, the procedures prescribed in this regard must be carried out.
Article VI
The worker is entitled to a travel ticket to his home country if the sponsor wishes to terminate the employment relationship during a three-month probation period, during the validity of the employment contract, or upon the expiry of its duration.
The worker is also entitled to a return travel ticket to his home country to spend his leave agreed upon in the contract and to his work premises.
Article VII
The employment contract must contain the following obligations of the worker:
1. That he works in the service of the sponsor in the job he is employed for, abiding by his orders and under his management and supervision, and that he maintains work secrets.
2. Preserving the things given to him to perform his job and returning them at the end of his service.
3. Respecting the Islamic religion and adhering to the laws and systems in force in the Sultanate, its social customs and traditions, and its moral values, and refraining from performing any activities that harm the security of the country.
4. Refraining from working for any other person before the sponsor waives his sponsorship and completes the rest of the required procedures in this regard in accordance with the systems in force.
Article VIII
The employment contract terminates upon the death of the worker or the sponsor. If the family of the sponsor wishes for the continued stay of the worker, they shall complete the procedures prescribed in this regard. The sponsor may terminate the employment contract provided that he notifies the worker of this one month before the date specified for the termination of the contract or that he pays his wage for the notice period.
The worker may also terminate the contract provided that he notifies the sponsor one month before the date specified for the termination of the contract, and the worker may do so if it is proven that he has been assaulted by the sponsor or by a member of his family.
Article IX
The right of the worker to claim any of the rights arising from the contract is forfeited after the lapse of one year from the date of expiry or termination of the employment contract.
Article X
The competence to consider disputes arising from the application of the employment contract rests with the directorate competent to settle labour disputes, which shall take the necessary measures to settle the dispute amicably within two weeks. If the settlement is reached, it shall prove it and follow up on its implementation. If the settlement is not reached within this period or it is reached and either of the parties abstains from implementing it, the competent directorate shall refer the matter to the competent court within a period not exceeding two weeks from the date of the expiry of the mentioned period or the start of the abstention from implementing the settlement. The referral must be accompanied by a memorandum containing a summary of the dispute and the arguments of the parties to it.
Article XI
All that is contrary to this decision is hereby repealed.
Article XII
This decision must be published in the Official Gazette, and comes into force on the date of its publication.
Issued on 27 Rabi Al-Akhir 1425
Corresponding to 16 June 2004
Juma bin Ali bin Juma
Minister of Manpower
Published in Official Gazette Official Gazette 771 issued on 17 July 2004.