Royal Decree 53/2023 Promulgating the Labour Law

Arabic

We, Haitham bin Tarik, the Sultan of Oman

after perusal of the Basic Statute of the State,

the Law on Arbitration in Civil and Commercial Disputes promulgated by Royal Decree 47/97,

the Labour Law promulgated by Royal Decree 35/2003,

Royal Decree 89/2020 Establishing the Ministry of Labour, Determining Its Competences, and Adopting Its Organisational Structure,

and the Social Protection Law promulgated by Royal Decree 52/2023,

and after presentation to Majlis Oman,

and in pursuance of public interest,

have decreed as follows

Article I

The provisions of the attached Labour Law shall apply.

Article II

The Minister of Labour shall issue the necessary regulations and decisions for implementing the provisions of the attached law, and until they are issued, the regulations and decisions in force continue to operate to the degree that they do not contradict with its provisions.

Article III

Those addressed by the provisions of the attached law shall rectify their status in accordance with its provisions within 6 (six) months from the date of its entry into force.

Article IV

The aforementioned Labour Law is hereby repealed, as well as all that is contrary to the attached law, or in conflict with its provisions.

Article V

This decree shall be published in the Official Gazette, and comes into force on the day following the date of its publication.

Issued on: 7 Muharram 1445
Corresponding to: 25 July 2023

Haitham bin Tarik
Sultan of Oman

The Labour Law

Part One
Definitions and General Provisions

Chapter One
Definitions

Article 1

In the application of the provisions of this law, the following words and phrases have the meaning assigned to each of them, unless the context requires otherwise:

1. Ministry: The Ministry of Labour.

2. Minister: The Minister of Labour.

3. Competent entity: The competent directorate general in the headquarters of the ministry, the directorate general of labour in the governorate, the labour administration, or their branches, as the case may be.

4. Committee: The committees for the settlement of collective labour disputes stipulated in article 116 of this law.

5. Labour authorisation: The written approval issued by the ministry to the employer to recruit non-Omani manpower in a specific occupation.

6. Work permit: The written approval issued by the ministry for the worker to practise work in a specific occupation.

7. Omanisation: The employment programme prepared by the ministry for the occupations in order to achieve the Omanis targeted employment and replacement.

8. Establishment: Every project in which the employer carries out his activity.

9. Employment contract: Every contract under which the worker undertakes to work for an employer under his management and supervision in return for a wage.

10. Employer: Every natural or legal person with whom one or more workers work in return for a wage.

11. Worker: Every natural person who works for an employer in return for a wage under his management and supervision.

12. Juvenile worker: Every worker who has reached the age of (15) fifteen years but has not reached the age of 18 (eighteen) years.

13. Overtime: Work performed outside the working hours prescribed in this law.

14. Remote work: A work system in which the worker performs his work or duties using information technology and communications within the Sultanate of Oman outside the premises of the establishment whether part-time or full-time.

15. Working hours: The time during which the worker is under the management and supervision of the employer.

16. Night working hours: The time between nine in the evening and five in the morning during which the worker is under the management and supervision of the employer.

17. Basic wage: The monetary consideration agreed upon between the worker and the employer in the employment contract plus the periodic allowance.

18. Gross wage: The basic wage plus all other allowances and stipends prescribed for the worker in return for his work.

19. Collective labour agreement: An agreement concluded between the employer and the workers or their representative, governing the conditions, circumstances, and terms of work.

20. Collective labour disputes: The dispute that arises between the employer and the workers regarding the conditions and circumstances of work in the establishment.

21. Probation period: The period that enables the employer and the worker to assess the continuation of the employment relationship.

22. Economic cause: A financial loss suffered by the employer for a period of no less than 2 (two) consecutive years. The failure to make profits or the closure of one of the activities or branches of the employer for reasons related to the lack of feasibility of its continuation is not considered a financial loss.

23. Year: 365 (three hundred and sixty-five) days.

24. Month: 30 (thirty) days.

Chapter Two
General Provisions

Article 2

The provisions of this law apply to all employers and workers, but it does not apply to those whose work is governed by special laws or systems.

It is permitted by a decision by the minister to govern the work of categories of a special work nature, and the decision must include, in particular, the following:

(a) The rules and conditions of work.

(b) The penalties that apply to violators.

(c) Exemption from judicial fees in all lawsuits arising from labour disputes filed by workers or beneficiaries on their behalf.

(d) Governing the work of judicial enforcement officers.

(e) The conditions, rules, and fees of the labour authorisation, the work permit and its renewal, and the registration and renewal of information, after the approval of the Ministry of Finance and the Council of Ministers.

(f) The guarantees required to be met by the employer, whether financial or in-kind, or any other amounts directly or indirectly related to the legal relationship between the employer and the worker.

Article 3

Every employer shall provide to the worker the minimum level of rights prescribed to the worker by virtue of the provisions of this law. It is not permitted to make any reduction in the standards and terms of employment under which the worker was employed before the entry into force of this law if he remains in the service of the employer after its entry into force.

Article 4

Any term or agreement that violates the provisions of this law, even if it was prior to its entry into force, shall be deemed void unless it is more favourable to the worker. Any release, conciliation, or waiver of rights arising from this law shall also be deemed void if it is in violation of its provisions. Any more favourable terms that are prescribed for the worker by virtue of the laws, regulations, and decisions in force on the date this law enters into force continue to apply.

Article 5

The employer is prohibited from imposing any form of compulsory or forced labour on the worker.

Article 6

It is not permitted for the employer to keep the passport of the worker or his personal documents except with the written consent of the worker.

Article 7

The Arabic language is the language that must be used in the regulations, decisions, and circulars issued by the employer to his workers.

If the employer uses a foreign language along with the Arabic language in the mentioned cases, only the Arabic text is relied upon.

Article 8

Every employer who employs 50 (fifty) workers or more shall put in place a system for complaints and grievances in the establishment after its approval by the competent entity, and it must contain the right of the worker to file his complaint or grievance to the employer or his representative. The employer shall enable the worker to obtain an approved copy of this system.

Article 9

Lawsuits of labour disputes arising from claiming the rights stipulated in this law and the employment contract shall not be admitted if they are first filed with the competent court without submitting a settlement application to the competent administrative division in the ministry, so that it endeavours to reach a settlement between its parties in accordance with the provisions of this law, within a maximum period of 30 (thirty) days from the date of submitting the application.

If a settlement between the parties to the dispute takes place before the competent administrative division in the ministry, this conciliation shall be recorded in a report signed by the parties, the competent employee in the ministry, and the assigned judge. This report shall have the power of an enforcement document and it shall end the dispute to the extent of what is conciliated. An official copy of the report to which the enforcement form is appended shall be given in accordance with the provisions of the Civil and Commercial Procedures Law, and taking into account the legally prescribed rules of jurisdiction. In the event of the failure to reach a settlement between the parties to the dispute, the competent administrative division in the ministry shall refer the dispute to the competent court within 7 (seven) days from the date of the last settlement session. The referral must be accompanied by a memorandum encompassing the facts of the dispute, the names of the parties, their original domicile or the domicile chosen by each of them for the litigation procedures, and details of the wage of the worker and the claims in the lawsuit. A copy of the employment contract and all arguments and evidence provided by all the parties must be attached.

The right to claim any of the rights stipulated in this law is forfeited after the lapse of a year from the date of its entitlement. As for rights that have arisen prior to the entry into force of this law, the period of the year is calculated from the date its provisions enter into force.

Article 10

The worker who is dismissed from employment may submit his complaint to the competent entity within 30 (thirty) days from the date he is notified of the decision, and it shall take the procedures stipulated in article 9 of this law.

Article 11

If the court finds that the dismissal of the worker from his employment is arbitrary or in violation of the law, it must be ruled either to reinstate the worker to his employment or to compel the employer to pay the worker compensation of no less than 3 (three) months but not exceeding 12 (twelve) months, calculated on the basis of the final gross wage he was receiving, taking into account the conditions of the worker and the period of his service, in addition to:

1. The end-of-service gratuity to which he is legally entitled and all other benefits prescribed by the law or the employment contract, whichever is greater.

2. The gross wage for the notice period stipulated by the law or the employment contract, whichever is greater.

3. Insurance contributions prescribed for the period from the date of arbitrary dismissal until the issuance of the final judgment.

Article 12

The termination by the employer of the employment contract is deemed an arbitrary dismissal of the worker if the termination is for any of the following reasons:

1. Sex, origin, colour, language, religion, creed, or social status, or disability, pregnancy, childbirth, or nursing for the female worker.

2. The affiliation of the worker with a labour union, his legitimate participation in any of its activities, or due to his representation in union work in accordance with the laws, regulations, and decisions issued in this regard.

3. Submitting a complaint or report or filing a lawsuit against the employer, unless the complaint, report, or lawsuit is vexatious.

4. For disciplinary reasons without taking into account the provisions of this law, the work systems, and the penalties regulation in the establishment.

5. The absence of the worker from work due to his detention or arrest with the competent authorities and the lapse of the period of detention or arrest without being referred to the competent court or the court declaring his innocence.

Article 13

All lawsuits arising from disputes related to the provisions of this law filed by workers or the beneficiaries on their behalf are exempt from judicial fees.

Article 14

The employer shall return the non-Omani worker to his country or any other country agreed to after the end of the employment contract within a maximum period of 60 (sixty) days. The employer shall grant the worker, at his request, a release from any liability towards him upon the end of the employment contract or his departure from the Sultanate of Oman.

In the event that the worker refuses to travel, the competent entity shall return the worker at the expense of the ministry and seek recourse against the employer for the costs incurred by the ministry for this purpose.

The worker has the right to remain in the Sultanate of Oman if he files a judicial lawsuit to claim his entitlements until his lawsuit is decided without the employer bearing any financial liability in this respect.

Article 15

The minister shall issue a decision governing the return of the non-Omani worker to his country if it is discovered that he is medically unfit for work upon his first arrival in the Sultanate of Oman, if it is proven that he has forged an academic certificate or work experiences, if he wishes to return without a legitimate reason, or if he abandons work.

Article 16

The minister may regulate employment in a specific employment sector or a specific category of work whenever the public interest so requires.

Article 17

The following works shall be regulated by a decision by the minister:

1. Incidental work that, by its nature, does not fall within the activity practised by the employer.

2. Temporary work.

3. Part-time work.

4. Remote work.

Part Two
Regulation of Employment

Chapter One
Employment of Omanis

Article 18

Employment is a right for Omanis, and others shall not perform work inside the Sultanate of Oman except in accordance with the conditions and circumstances stipulated in this law and the decisions issued implementing it.

Article 19

The employer or his representative shall record in a special register in the establishment the details related to Omani workers in accordance with the form prepared by the ministry, keep this register at the worksite, and update it on the ministry’s website or submit it in paper during the month of January of each year, including the following:

1. A detailed statement of the number of his Omani workers, showing their occupations, wages, and gender.

2. A statement of the number and type of job vacancies during a year, if any.

3. The annual plan for Omanisation and replacement in the establishment.

Article 20

The minister shall issue a regulation for the training of Omanis, and the regulation must include the percentage of contribution by the establishment to training programmes, in coordination with the Oman Chamber of Commerce and Industry and each economic sector.

Article 21

A fund for the development of national human resources shall be established in the ministry, which shall be competent to finance employment, rehabilitation, and empowerment programmes and policies for workers in the private sector. The Council of Ministers shall approve the system of the fund, its sources of financing, and the rules and procedures governing its work, after the coordination by the ministry in its regard with the competent entities.

Article 22

An employer who employs 25 (twenty-five) workers or more shall take the following measures:

1. Announcing the occupations and the requirements, conditions, and selection criteria defined for their occupation.

2. Adhering to the occupational classification approved by the ministry in a manner that facilitates the procedures of the establishment to achieve Omanisation.

3. Determining the wages, employment benefits, and working conditions.

4. Training Omanis to develop their skills and to raise their competency.

5. Providing the appropriate work environment and facilities in the workplace.

6. Providing performance appraisal systems.

7. Preparing a plan to appoint and train Omanis to occupy leadership occupations and following up on its implementation.

8. Developing practical strategies to retain Omani manpower.

The minister may amend the number of workers prescribed in this article, after the approval of the Council of Ministers.

Article 23

The employer shall employ Omanis in the establishment. The percentage of Omanisation in the various economic sectors and the activities and occupations covered by each sector shall be determined by a decision by the minister as required by the circumstances of each sector or activity, the extent of the availability of the required Omani manpower, and the percentage prescribed for Omanis in the occupations in which Omani manpower is available to work.

A decision by the minister shall also determine the occupations and jobs in which Omanis replace non-Omanis.

The employer shall treat all workers equally in the event that the nature and conditions of the work are the same.

Article 24

The employer who employs (40) forty workers or more shall employ Omanis who are persons with disabilities and professionally qualified in the jobs appropriate to their cases, within the limits of the percentage specified by a decision by the minister.

The minister may amend the number prescribed in the preceding paragraph after the approval of the Council of Ministers.

Persons with disabilities who are employed in accordance with the preceding paragraph enjoy the rights prescribed for other workers.

Article 25

The employer or his representative shall electronically update the details form referred to in article 22 of this law with the occupations that have become vacant or created with him of any kind, with an indication of each of them, the gross wage designated for them, and the date specified for occupying them, within 30 (thirty) days from the date of their vacancy or creation.

The employer shall, within a month from the date of employing an Omani, send the registration form for this worker to the competent entity from which it is issued, along with attaching a statement including the date of his commencement of work, the wage specified for him, and the type of work. The registration form number and its date must be recorded next to the name of the worker in the register of workers in the establishment who must be classified according to skill level, occupational groups, and other classifications the determination of which shall be issued by a decision by the minister.

Article 26

The competent entity shall—for the purpose of employing Omanis—undertake the following:

1. Obtaining from employers a statement of the vacant occupations and the conditions necessary to occupy them.

2. Nominating workers for vacant occupations if they meet the conditions for occupying them.

3. Providing advice and guidance to job seekers in the areas of vocational training and guidance to facilitate their employment in vacant occupations.

The employer has the right to choose from among candidates to fill the vacant occupations with him.

Chapter Two
Regulating the Employment of Non-Omanis

Article 27

The employer shall not recruit non-Omani workers unless he has obtained authorisation from the ministry to do so. The conditions for granting this authorisation are as follows:

1. That there is no Omani who has the academic qualifications, expertise, or technical skills necessary for the required occupations.

2. That the employer is compliant with the approved Omanisation plan and the prescribed Omanisation percentages.

3. That the non-Omani worker is of academic qualifications, work experience, technical skills, professional competence, or other occupations needed by the country.

4. Payment of the prescribed fees.

Article 28

A non-Omani shall not join any work in the Sultanate of Oman before obtaining a work permit. The conditions for granting the work permit are as follows:

1. That he passes the examinations of professional standards to practise the occupations specified by the competent entity.

A list of occupations that require a certificate to practise the occupation shall be issued by a decision by the minister.

2. That the worker has entered the Sultanate of Oman legally, and fulfils the conditions stipulated in the Foreigners Residency Law and the regulations and decisions issued implementing it.

3. That the worker is medically fit and free of the diseases specified by the Ministry of Health.

4. That the worker has a contract with an employer who has obtained the necessary authorisations from competent government entities.

5. Payment of the prescribed fees.

Article 29

The employer shall not undertake the following:

1. Allowing a non-Omani worker, whom he has been authorised to employ and who has been granted a work permit, to work for others, except after the ministry is electronically informed of this and it authorises him to do this.

2. Employing a non-Omani worker authorised to work for others except after providing the ministry electronically with the details of the worker and his work address in accordance with the specified form.

A decision by the minister shall specify the controls governing the transfer of non-Omani workers from one work to another, the controls and procedures that the employer must comply with regarding the reporting of the non-Omani worker abandoning work, and the obligations and penalties that arise against the worker and the employer as a result of a violation of the decision.

3. Employing a non-Omani worker in any occupation restricted to Omanis.

Article 30

A decision by the minister shall specify:

1. The fees of labour authorisations, the fees of the work permit and its renewal, and the registration and renewal of information, after the approval of the Ministry of Finance and adoption by the Council of Ministers.

The work permit shall be renewable for the same period or for any period specified by the decision.

2. The occupations and jobs that non-Omanis are not permitted to practise.

3. The occupations and jobs in which labour authorisations are temporarily suspended.

4. The conditions and occupations in which it is permitted to transfer non-Omani manpower between private sector establishments on a temporary basis.

5. Classifying occupations by professional levels.

Article 31

It is prohibited to practise the activity of recruiting non-Omani manpower except after obtaining a licence from the ministry. It is also prohibited to charge any amounts to the workers whose recruitment is permitted in return for employing him. A decision by the minister shall specify the conditions and controls that must be met to practise the activity of recruiting non-Omani manpower and the contract concluded between the employer and the licensee in practising the activity.

Article 32

It is prohibited to advertise or promote for employment and to classify it on the basis of creed, colour, and cost, and to advertise it in a manner that offends human dignity.

Part Three
Employment Contract and the Obligations of the Employer and the Worker

Chapter One
Employment Contract

Article 33

The employment contract must be documented in writing and made in the Arabic language in two copies, one for each party. Notwithstanding this, it is permitted for the contract to be made in a language other than the Arabic language, provided that a copy drawn up in the Arabic language approved by the parties to the contract is attached to it. If there is no written employment contract, the worker may prove his rights by all means of proof. The contract must be approved by the competent entity.

Article 34

The employment contract may be concluded for a definite period or for an indefinite period. If its period is definite, it must not exceed 5 (five) years, which is renewable by the agreement of the parties. In the event that the contract is renewed, the period or the new period is considered an extension of the original period and added to the calculation of the total period of service of the worker.

Article 35

The employment contract is considered of an indefinite period in the following cases:

1. If the contract is concluded without defining its period.

2. If the contract is concluded for a period exceeding 5 (five) years.

3. If the original and renewed contract periods exceed 5 (five) years.

4. If the contract is not in writing or is a contract in writing of a definite period and its period has expired but the parties continue to perform it without a written agreement between them.

5. If the employment contract is made to accomplish specific work and this takes a period exceeding 5 (five) years.

6. If the employment contract made for the accomplishment of specific work is renewed and the periods of the accomplishment of the original work and the work for which the contract is renewed exceed 5 (five) years.

7. If the employment contract made for the accomplishment of specific work ends and its parties continue to perform it after the accomplishment of this work without an explicit agreement to renew it.

Article 36

The employment contract must include, in particular, the following details:

1. The name of the employer and the establishment, and the address of the workplace.

2. The name of the worker and his date of birth, qualification, occupation, place of residence, and nationality.

3. The type of work, its conditions, and the contract period if it is for a definite period.

4. The basic wage and any allowances, stipends, benefits, or gratuities to which the worker is entitled under the applicable terms of service and the date of payment of the agreed wage.

5. The appropriate period of notice to be given by a party to the contract wishing to not renew it, and the notice period given by the employer to the worker must not be less than a month.

6. Adhering to the respect of religions, religious beliefs, and the laws of the Sultanate of Oman and its customs and traditions and not taking part in activities that harm the security of the Sultanate of Oman.

Article 37

The probation period of the worker in the employment contract—if any—shall be specified on the condition that it does not exceed 3 (three) months for those who receive their wage monthly and for a period not exceeding 2 (two) months for those who receive their wage otherwise.

It is not permitted to place a worker under probation for more than one time for the same employer, and the probation period is considered part of the period of service if the worker successfully completes it.

Either party to the contract may terminate it during the probation period if it is found that it is unsuitable to continue the employment, and that is after notifying the other party by (7) seven days at least.

Article 38

The parties to the employment contract—for contracts of an indefinite period—may terminate it at any time based on a legitimate reason by virtue of a notice addressed to the other party in writing before the date of termination by 30 (thirty) days for workers appointed on a monthly wage and 15 (fifteen) days for others, unless a longer period is agreed upon in the contract.

If the contract is terminated without observing the notice period, the party terminating the contract shall pay the other party compensation equal to the notice period or the remaining part of it calculated on the basis of the final gross wage the worker was receiving.

Article 39

The notice issued by the employer to the worker to terminate the contract in the event that the worker is on leave does not start to run until the day following the end of the leave.

In all cases, the employer shall allow the worker, during the notice period, to be absent from his work for 10 (ten) paid hours per week to search for new employment. The worker shall inform the employer of obtaining new employment and shall attend work after this until the end of the notice period.

Article 40

An employer may dismiss a worker without prior notice and without an end-of-service gratuity in any of the following cases:

1. If he assumes a false identity or resorts to forgery to obtain the job.

2. If he commits a mistake that results in a serious material loss to the employer, provided that the latter informs the competent entity of the incident within 30 (thirty) working days from the date he becomes aware of it.

3. If he does not comply with the written instructions that must be followed for the safety of workers and the workplace despite being warned in writing and the violation of which would cause serious harm to the workplace or the workers.

4. If he is absent from his work without an acceptable excuse for more than 7 (seven) consecutive days or 10 (ten) intermittent days during one year, provided that the dismissal is preceded by a written warning from the employer to the worker after his absence for five days in the second case.

5. If he divulges the secrets of the establishment where he works in cases other than those where it is legally permitted.

6. If he is finally convicted of a felony, a crime prejudicial to honour or trust, or a misdemeanour committed in the workplace or while performing work.

7. If he is found during working hours in a state of intoxication or under the influence of narcotics or psychotropic substances or he commits an act contrary to public morals.

8. If he assaults, during work or because of it, the employer or his representative, if he assaults one of his superiors, or if he assaults a worker at the worksite and this results in illness or disruption of work.

9. If the worker commits a serious breach of his obligation to perform his work agreed upon in the employment contract.

Article 41

The worker may abandon employment under the notice period stipulated in article 38 of this law or before the expiry of the contract period if it is for a definite period while retaining all his rights, including the end-of-service gratuity and without prejudice to his right to compensation, after notifying the employer of this in any of the following cases:

1. If the employer or his representative committed fraud when contracting with the worker.

2. If the employer does not grant the worker his wage for more than 2 (two) consecutive months or does not implement his fundamental obligations in accordance with the provisions of this law and the employment contract.

3. If the employer or his representative commits an act contrary to public morals towards the worker.

4. If the worker is assaulted during work or because of it by the employer, his representative, or his superior.

5. If there is a serious danger that threatens the safety or health of the worker, provided that the employer is aware of the existence of the danger and does not take the measures prescribed in this regard.

Article 42

The employment contract ends in any of the following cases:

1. The expiry of its period or the completion of the work agreed upon.

2. The termination of the contract by the worker or the employer in accordance with the provisions of this law.

3. The inability of the worker to perform his work or his death.

4. The illness of the worker that necessitates his absence from work for a consecutive or intermittent period of no less than 3 (three) months within one year, provided that the sick leave period stipulated in article 82 of this law and his balance of ordinary leave is exhausted.

Article 43

Without prejudice to the provisions of article 40 of this law, the employer may unilaterally terminate the contract after notifying the worker in any of the following cases:

1. The worker reaches the age of the elderly required to be entitled to a retirement pension by virtue of the Social Protection Law, unless agreed upon otherwise.

2. Termination of the service of a non-Omani worker in the implementation of the Omanisation plan in the event that he appoints an Omani worker as a replacement for him in the same occupation that he occupied.

3. The failure of the worker to reach the required level of competency after notifying him of the deficiency and granting him a grace period of no less than 6 (six) months to reach it. If the worker fails, the employer may terminate the employment contract, and if the person whose services are terminated is an Omani worker it is required to appoint an Omani worker as his replacement in the occupation that he occupied.

4. Closure of the establishment completely or partly, its bankruptcy, the reduction of its activity, or the replacement of a production system with another in a way that affects the size of the workforce. In cases other than the complete closure or bankruptcy of the establishment, it is required to observe not to terminate the employment contract of the Omani worker who has the same competency and experience as the non-Omani worker who works with him in the establishment.

5. In the event that the economic cause exists for the establishment.

The employer shall, in the cases stipulated in clauses 3 and 4 of this article, notify the ministry of the reason for termination 3 (three) months prior to the date of termination of the contract.

Article 44

The employer may, in the event that the economic cause exists and after the approval of the committee stipulated in article 45 of this law, reduce the number of workers in his establishment to the extent required to maintain the continuity of the business of the establishment and to avoid the risks of bankruptcy.

Article 45

A special committee shall be established by a decision by the minister to consider applications submitted by private sector establishments regarding the reduction of the number of workers, which shall be chaired by the ministry and the membership of the following entities:

1. The Ministry of Commerce, Industry, and Investment Promotion.

2. The Oman Chamber of Commerce and Industry.

3. The General Federation for Workers of the Sultanate of Oman.

The employer for whom the economic cause exists shall submit an application to this committee accompanied by the supporting evidence, along with indicating the number of workers suggested to be reduced. The committee shall examine the application and decide on it by acceptance or rejection.

The decisions of the committee shall be final unless a grievance is filed against them before the court of appeal within 30 (thirty) days from the date of notifying the employer of them.

The committee may, in the event that it is convinced that the economic cause exists for the establishment, find appropriate alternatives to the termination of contracts in agreement with the employer and the workers, including the following alternatives:

1. Reducing the number of hours or working days in the establishment in return for the reduction of wages, provided that this procedure is for a specific period determined by the committee and is subject to extension by a decision by it for other periods if necessary.

2. Granting workers specified unpaid leave, provided that this is for certain periods and includes all workers of the establishment in equal proportions.

3. Reducing the wages of all the workers of the establishment by certain percentages, provided that this is for a specified period that is subject to extension if necessary.

Article 46

In the event that the employer obtains approval to reduce the number of his workers, he shall comply with the following:

1. Following a fair standard in the selection of workers whose contracts will be terminated, such as workers with lower degrees of performance or any other standard.

2. Granting workers whose contracts will be terminated a notice period of no less than 3 (three) months.

3. That the workers whose contracts will be terminated have priority in re-employment in the same establishment in the event of a job opportunity whose requirements are suitable to their qualifications.

Article 47

The illness of the worker shall be proven by a medical certificate and the disability of the worker by a decision by the competent committees or the institutions licensed by these committees according to the applicable laws. The age shall be proven by the document submitted as evidence when contracting, and no other document shall be relied upon after this.

Article 48

Without prejudice to the Social Protection Law, if the employer has a supplementary or savings programme for workers, and the regulation of the programme stipulates that what the employer pays in the programme for the account of the worker is in lieu of his legal obligation to pay the end-of-service gratuity, and if it is equal to or greater than what he is entitled to from the gratuity, this amount must be paid to the worker instead of the gratuity, otherwise, the gratuity is due.

If the worker contributes to the funds of this programme, he is simultaneously entitled to his dues from the programme and the end-of-service gratuity.

In all cases, prior approval must be obtained from the ministry and the Social Protection Fund to establish these programmes in accordance with the conditions and controls prescribed by law.

Article 49

The employer shall be liable for all obligations of the establishment in the event of its dissolution, liquidation, closure, bankruptcy, merger, or others, or the sale, lease, assignment, bequest, gift, or other disposals, and in the event of the death of the employer, the heirs shall be liable for the obligations of the employer to the extent of their shares within the limits prescribed by law.

With the exception of cases of liquidation, bankruptcy, and authorised complete closure, the employment contract remains in effect and the successor shall be jointly liable with the previous employers for the performance of all legally prescribed obligations, taking into account the priority prescribed for the rights of workers.

Article 50

The employer shall employ the Omani manpower employed by the same project transferred to him wholly or partly, by granting them the same wages and financial benefits and incentives agreed upon in the transfer agreement.

Article 51

The minister may issue a decision regulating the employment relationship in cases where the Sultanate of Oman takes measures regarding an incident or circumstance warranting this, and it must include, in particular, reducing working hours, reducing the minimum limit of employment conditions prescribed in this law or the employment contract, and the penalties arising from violating the decision or the taking of precautionary measures.

Chapter Two
Obligations of the Employer

Article 52

The employer shall create a special file for each worker that includes, in particular, the following:

1. The name of the worker and his age, social status, place of residence, and nationality.

2. The occupation of the worker and his qualifications and expertise.

3. The date the worker commenced work and the details of his wage.

4. The leave that the worker receives.

5. The penalties imposed by the employer against the worker.

6. Job performance reports of the worker.

7. The end date of the service of the worker and its reasons.

The employer shall keep the file stipulated in the previous paragraph for a period of at least one year from the end of the employment relationship.

In all cases, the employer shall maintain the confidentiality of the information provided by the worker or viewed by the employer in accordance with the provisions of this law, and the worker shall be given a receipt for the papers and certificates that he has deposited with the employer.

Article 53

The employer shall not violate the terms of the contract or task the worker with work that is not agreed upon, unless it is necessary to do so to prevent the occurrence of an accident or to rectify what has arisen from it or in the event of force majeure and on a temporary basis.

Notwithstanding this, the employer may task the worker with work that is not agreed upon if such work is not fundamentally different from the original work, on the condition that it does not affect the rights of the worker and does not result in serious harm or financial burden without a fair return.

Article 54

The employer shall, in the event that he employs 50 (fifty) workers or more, prepare a regulation on the work system containing, in particular, the rules governing work in the establishment, the rights and duties of each of the employer and the worker, the rules governing the relationship of the worker with his colleagues and superiors, the provisions on promotion of the worker and the determination of the categories of wages, allowances, and stipends of all kinds and the dates of their payment, and the performance appraisal system. The ministry shall approve the regulation within 2 (two) months from the date of its receipt, and if this period lapses without a response from it, it becomes applicable. The employer shall provide the worker with an approved copy of this regulation. The employer shall amend the regulation in line with the laws, regulations, and decisions, and submit it to the ministry for approval.

The minister shall issue a sample form of the work system regulation after consultation with the Committee for Joint Dialogue between Production Parties.

In all cases, the provisions provided in the form referred to in this article shall apply to establishments that do not comply with putting in place a work system approved by the ministry.

Article 55

The employer shall, in the event that he employs 25 (twenty-five) workers or more, prepare a regulation on penalties and the conditions for imposing them in accordance with the form and rules issued by a decision by the minister. The employer shall submit this regulation and any amendments made to it to the ministry. The ministry shall approve the regulation within 2 (two) months from the date of its receipt, and if this period lapses without a response from it, it becomes applicable. The employer shall enable the worker to obtain an approved copy of this regulation.

In all cases, the provisions provided in the form and rules referred to in this article shall apply to establishments that do not comply with putting in place a penalties regulation approved by the ministry.

Article 56

The following shall be taken into account in preparing the penalties regulation stipulated in article 55 of this law:

1. That it specifies the acts that the worker is prohibited from committing and the penalties prescribed for them, provided that they are progressive penalties.

2. That no more than one penalty is imposed for each violation.

3. That the penalty is not imposed on the worker for a matter he commits outside the workplace unless it is related to the employment.

Article 57

The employer shall provide first aid means to his workers in the establishment, and in the event that the number of his worker in a single place exceeds 200 (two hundred) workers, he shall appoint a qualified nurse to carry out first aid or contract with a specialised health institution to provide these services.

If the worker is treated in a government or private hospital and there is no health insurance coverage, the employer shall bear the expenses of treatment, medication, and hospital stay in accordance with the financial regulations and systems in force in those hospitals.

Article 58

The employer who practises work in the areas specified by the minister shall provide his workers with appropriate means of transport and provide them with suitable accommodation, meals, and drinking water in places he prepares for this purpose.

Article 59

The employer may, if necessary and in agreement with the worker, transfer the worker from his original worksite to any other worksite in the same establishment, or from his original work to any other work in his other establishments, after being authorised to do so from the ministry in this case.

In all cases, the employer shall bear all the costs arising from this.

Article 60

The employer shall provide a place designated for female rest in the premises of the establishment in which the number of female workers exceeds 25 (twenty-five) female workers.

Article 61

Without prejudice to the provisions of article 48 of this law, the employer shall upon the end of the employment relationship with workers who do not benefit from the provisions of the Social Protection Law pay the worker a gratuity for the period of his service, not less than the basic wage for each year of his service. The worker is entitled to the gratuity for the fractions of the year proportional to the period he spends in service and the final basic wage of the worker shall be taken as a basis for calculating the gratuity. The period of service that began before the entry into force of this law is counted within the period of service considered in determining the period of the gratuity due.

The provisions of this article apply until the savings system stipulated in the Social Protection Law comes into force. The employer may settle the rights of the worker for the period of his service prior to the start of the savings system to the savings system or to the worker, and in this case, the settlement must be calculated at the basic wage on the date of settlement.

Article 62

The employer shall give the worker upon his request and free of charge, an end-of-service certificate indicating the date he started the service, the date he left the service, the type of work he was performing, the wage, and other gratuities and benefits if any.

The employer shall return to the worker the papers or certificates the worker had deposited with him and the worker shall sign his receipt of his papers and certificates.

Article 63

The employer shall not impose any penalty against the worker except after informing him in writing of what is attributed to him, hearing his statements, investigating his defence, and recording it in a report prepared for this purpose.

Article 64

The employer shall not hold the worker accountable for a violation for which more than 30 (thirty) days have lapsed since its discovery. The employer shall also not impose a disciplinary penalty against the worker after more than 60 (sixty) days have lapsed since the date of proving the violation.

Article 65

The employer shall not impose against the worker for each violation a fine whose value exceeds the wage of 5 (five) days in one month, nor suspend him disciplinarily from work along with depriving him of all or part of the wage for each violation for a period exceeding 5 (five) days in one month.

Article 66

The employer may investigate the worker himself or entrust one of the workers in the establishment to investigate the worker, provided that the job level of the investigator is not less than that of the violating worker. He may entrust the investigation to another person with expertise in the subject matter of the violation if the violation is serious.

The worker referred to the investigation has the right to view the investigation procedures and the documents related to them and to obtain a copy of these documents.

Chapter Three
Obligations of the Worker

Article 67

The worker shall comply with the following:

1. Perform the work by himself in accordance with the direction and supervision of the employer or his representative, in accordance with what is specified in the contract and in accordance with the provisions of this law and the regulations and decisions issued implementing it, and he shall exercise in its performance the care that the ordinary person would exercise.

2. Executing the orders of the employer or his representative regarding the performance of the work agreed upon if nothing in these orders contradicts the contract, the law, or morals, and the performance of which does not expose him to danger.

3. Maintaining the means of production and the work tools placed at his disposal with the skill and care of the ordinary person, and taking all necessary procedures to preserve and protect them.

4. Maintaining work secrets.

5. Constantly working on developing his skills and expertise in accordance with the systems and procedures set by the employer.

6. Not using work tools outside the workplace except with the approval of the employer, and keeping these tools in the places designated for this.

7. Implementing the occupational safety and health instructions prescribed by the employer, whether in accordance with the law or the regulations and decisions implementing it.

8. Not accepting gifts, commissions, gratuities, funds, or others when carrying out his work without the consent of the employer.

9. Not keeping for himself the originals of documents and papers related to work.

10. Not practising—in any capacity—an activity similar to that carried out by the employer during the validity of the employment contract made with him.

11. Treating his colleagues at work well, showing due respect for them and his superiors, and cooperating with them in the interest of the establishment in which he works.

Article 68

If the worker intentionally causes loss, damage, or destruction of tools, machinery, or products owned by the employer or that were in his custody, he shall bear the necessary amount for that. The employer has the right, after conducting the investigation and notifying the worker, to start deducting this amount from the monthly gross wage of the worker, provided that this does not exceed 25% (twenty-five percent) of his monthly wage. The worker may file a complaint against the assessment of the employer to the competent entity within 30 (thirty) days from the date of his knowledge of the deduction, and the procedures for the settlement of labour disputes in accordance with this law shall be followed in this regard.

Article 69

The parties to the employment contract may, in cases where the work performed by the worker qualifies him to compete with the employer by viewing work secrets or knowing the clients of the establishment, agree that it is not permitted for the worker to compete with the employer or participate in work that competes with him after the end of the contract, provided that the time, place, and type of work are specified, and the place must not exceed the geographical scope in which he exercises his activity and the specified period must not exceed 2 (two) years. The employer shall not assert the agreement if he terminates the contract without the worker committing what justifies this, and the employer shall not assert the agreement if he commits what justifies for the worker to terminate the contract.

The employer may assert the right to compensation in the event that the worker breaches the non-compete clause without being excessive in the claim for compensation. If it is found that the employer has been excessive in the claim for compensation with the intention of forcing the worker to remain with him, the agreement shall be deemed void.

Part Four
Working Hours, Leave, and Wages

Chapter One
Working Hours

Article 70

It is not permitted to make the worker work for more than 8 (eight) actual hours per day and a maximum of 40 (forty) actual hours per week, provided that they are interspersed with but do not include an hour per day for rest and eating and the continuous period of work must not exceed 6 (six) hours. The maximum working hours in the month of Ramadan are (6) six hours per day or 30 (thirty) hours per week for Muslim workers.

The employer shall put in a conspicuous place in his establishment a schedule of working hours and daily and weekly rest dates. A decision by the minister shall determine the cases and jobs in which it is necessary for technical reasons and operating conditions to continue working without a rest period.

Article 71

It is permitted to make the worker work additional hours exceeding the working hours stipulated in article 70 of this law if the interest of the work so requires, provided that the total of the original and additional working hours does not exceed 12 (twelve) hours per day for workers, and the employer shall grant the worker an additional wage equivalent to his basic wage calculated in accordance with the additional working hours, plus at least 25% (twenty-five) percent of the daytime working hours and at least 50% (fifty percent) of the night working hours, or to grant him permission to be absent from work instead of the hours in which he performed overtime.

If the overtime is on the weekly rest days or an official holiday, the employer shall pay the worker a cash amount equivalent to 100% (one hundred percent) of the daily basic wage of the worker plus the wage for the day itself, or grant the worker compensatory leave instead of the days during which he worked, so that he is granted a day for each day he worked, if the work is during the weekly rest days and the official holidays.

In all cases, it is required for the worker to consent to perform overtime or not.

Article 72

As an exception to article 71 of this law, the employer may task the worker to overtime without obtaining his consent in any of the following cases:

1. Annual inventory work, budget preparation, liquidation, the closing of accounts, and preparation for sale at discounted prices, provided that the number of days in which the worker works for more than the prescribed period of daily work does not exceed 15 (fifteen) days per year, unless the competent entity authorises longer periods.

2. If the work is to prevent the occurrence of an accident, to rectify what resulted from it, to avoid an actual loss of perishable materials, or if the work is with the intention of facing unusual pressure, provided that the employer informs the competent entity within 24 (twenty-four) hours with a clarification of the emergency situation or the additional work and of the period necessary to complete the work.

In all cases, the worker shall, if he is made to work, receive an additional wage equivalent to his basic wage calculated in accordance with the additional hours plus 50% (fifty percent) at least of the daytime working hours and 75% (seventy-five percent) at least of the night working hours. If the overtime is in the weekly rest days or the official holidays, the worker is entitled to a cash amount equivalent to 200% (two hundred percent) of the basic wage plus the wage of the day itself or compensating him with 2 (two) rest days for each working day if the work is during the official holidays.

Article 73

It is permitted for the employer to not adhere to the provisions of articles 70 and 71 of this law in seasonal employment and employment sectors to be specified and regulated by a decision issued by the minister.

Article 74

The employer shall transfer the worker who works under the system of the night working hours to the system of the daytime working hours if it is proven by a certificate issued by an approved medical entity that the worker is unable to perform the work during the night working hours.

Article 75

The employment of women during the night working hours shall be in the cases, jobs, and occasions determined by a decision issued by the minister.

The employment of women in jobs that are dangerous, difficult, harmful to health, or other jobs shall be determined by a decision issued by the minister.

Article 76

The nursing female worker is granted 1 (one) hour per day to care for her child, starting after the end of the maternity leave for a period of 1 (one) year and its determination shall be left to the female worker. This hour shall be counted within the actual working hours.

Chapter Two
Leave

Article 77

The worker is entitled to a weekly paid rest of no less than 2 (two) days. In all cases, it is not permitted to deprive the worker of his right to weekly rest days because of his absence from work with or without an excuse.

It is permitted in jobs and areas specified by the minister to combine the weekly rest.

Article 78

The worker is entitled to an annual leave with a gross wage of no less than (30) thirty days. The worker shall enjoy the leave according to the requirements of the interest of work, and he shall not take the leave before the lapse of at least (6) six months from the employment joining date with the employer. The worker who does not utilise his annual leave has the right to retain the leave for a balance not exceeding 30 (thirty) days unless his failure to utilise the leave is due to the interest of work.

The annual leave of the worker may be combined as agreed between the parties. The non-Omani worker is entitled to a return ticket to his country to spend his leave agreed upon in the contract and to come back to the premises of his work.

In all cases, the worker may not waive his leave, but it is permitted in jobs, sectors, and categories that are governed by a decision issued by the minister to replace the annual leave with a work programme that is more fitting to the worker.

Article 79

The worker is entitled to his gross wage during the official holidays prescribed by law.

Article 80

The employer may grant the worker, based on his request, special leave without pay, and in this case, the worker must bear all contributions to the Social Protection Fund covering his percentage, the percentage of the employer, and the percentage of the government during the leave period. This leave is considered within the period of service of the worker and this period is not counted in the calculation of the end-of-service gratuity stipulated in article 61 of this law.

Article 81

The leave may be divided in accordance with the requirements of the interest of work, with the exception of leave of juvenile workers.

The employer may postpone the annual leave of the worker if the interest of the work so requires for no more than 6 (six) months.

The worker shall take leave at least once every 2 (two) years, for a period of no less than 30 (thirty) days.

The employer may pay the worker the basic wage for the days of annual leave that he does not take, if the worker agrees to this in writing.

The worker is entitled to the gross wage for his annual leave balance if his service ends before exhausting it.

Article 82

The worker, whose illness is proven, is entitled to a sick leave not exceeding 182 (one hundred and eighty-two) days per year based on the following percentages of the gross wage:

1. From day 1 (one) to day 21 (twenty-one): 100% (one hundred percent) of the wage.

2. From day 22 (twenty-two) to day 35 (thirty-five): 75% (seventy-five percent) of the wage.

3. From day 36 (thirty-six) to day 70 (seventy): 50% (fifty percent) of the wage.

4. From day 71 (seventy-one) to day 182 (one hundred and eighty-two): 35% (thirty-five percent) of the wage.

Article 83

It is permitted to grant the female worker, based on her request, leave without pay to care for her child for a period not exceeding 1 (one) year, and in this case, the female worker must bear all contributions to the Social Protection Fund covering her percentage, the percentage of the employer, and the percentage of the government during the leave period. This leave is considered within the period of service of the female worker and this period is not counted in the calculation of the end-of-service gratuity stipulated in article 61 of this law.

Article 84

The worker is entitled to special leave with gross wage as follows:

1. 7 (seven) days of paternity leave, provided that the child is born alive and that the leave does not exceed the 98th (ninety-eighth) day of the age of the child.

2. 3 (three) days in the event of his marriage.

3. 3 (three) days in the event of the death of the father, mother, grandfather, grandmother, brother, or sister.

4. 2 (two) days in the event of the death of the paternal uncle or aunt or the maternal uncle or aunt.

5. 10 (ten) days in the event of the death of the wife, a son, or a daughter.

6. 15 (fifteen) days to perform Hajj once throughout the period of his service, provided that the worker has spent a continuous period of 1 (one) year in the service of the employer.

7. Up to a maximum of 15 (fifteen) days per year to take an exam for the Omani worker who studies at a school, institute, college, or university.

8. 130 (one hundred and thirty days) for the Muslim female worker in the event of the death of the husband and 14 (fourteen) days for the non-Muslim woman.

9. 15 (fifteen) days throughout the year for the Omani worker to accompany a patient with whom he has a marital relationship or a kinship up to the second degree.

10. 98 (ninety-eight) days of maternity leave for the female worker to cover the period before and after childbirth.

Granting leave to the female worker to cover the period prior to childbirth shall be on the recommendation of the competent medical entity and its period must not exceed 14 (fourteen) days, and the remainder of the period of this leave shall be granted from the date of childbirth.

In order to grant the leaves stipulated in this article it is required to submit proof of it.

Chapter Three
Wages

Article 85

Wages and other amounts due to the worker shall be paid in Rial Omani, unless it is agreed to pay it in a legally circulated currency in the Sultanate of Oman.

Article 86

The burden of proving the fulfilment of the wage to the worker falls on the employer.

Article 87

The liability of the employer to the wage of the worker shall not be discharged unless he transfers the wage of the worker to his account in one of the approved local banks or local financial institutions licensed by the Central Bank of Oman.

The minister shall issue a decision governing the transfer of wages by employers and exemption cases.

Article 88

The minimum wage shall be determined by a decision issued by the minister after consultation with the Committee for Joint Dialogue between Production Parties and its approval by the Council of Ministers.

Article 89

The minister shall issue a decision determining the minimum periodic allowance, the procedures and conditions for its disbursement, and the cases of its suspension and reduction.

Article 90

Wages shall be paid on a working day, taking into account the following provisions:

1. Workers employed with a monthly wage shall be paid their wages at least once every month.

2. If the employment is part-time and the work requires a period of more than 2 (two) weeks, the worker shall receive every week an instalment suitable to the work he has completed, and the remainder of the wage shall be paid to him in full during the week following the completion of the work assigned to him.

In other cases than the preceding cases, the wage shall be paid to the worker once every week, provided that it is permitted for them to be paid once every 2 (two) weeks or every month if he agrees to this in writing. In all cases, the wage must be paid within 3 (three) days from the end of the period in which it is due. It is permitted by a decision by the minister to determine the date for disbursing the wages of workers before the date specified for them on the occasion of national and official holidays.

Article 91

The employer shall pay the wage of the worker and all amounts due to him immediately upon the end of the employment relationship, unless the worker has abandoned the job unilaterally, in which case the employer shall pay the wage of the worker and all his entitlements within 7 (seven) days from the date of abandoning the job.

Article 92

The wages, rights, and all amounts due to the worker or to the beneficiaries on his behalf by virtue of the provisions of this law shall have priority over all other debts owed by the employer, with the exception of the legal maintenance ruled for.

Article 93

It is not permitted to oblige a worker to purchase foodstuffs or goods from certain stores or from what the employer produces.

Article 94

The employer shall not transfer a worker with a monthly wage to the category of daily workers or to the category of workers employed with a weekly, piece rate, or hourly wage except with the written consent of the worker. In case of consent of his transfer, the worker shall have all the rights he acquired during the period he spent on the monthly wage in accordance with the provisions of this law.

Article 95

The employer shall not deduct from the wage of the worker to fulfil any monies he lent to him during the validity of the contract greater than what is agreed upon between the parties nor may he receive any interest from such loans, and the same provision shall apply to wages paid in advance.

Article 96

It is not permitted to withhold or waive the wages owed to the worker except within the limits of one-fourth for a debt of legal maintenance or for the payment of the amounts owed by him to the government or to the employer. In case of concurrence, priority shall be given to the debt of legal maintenance.

If the service of the worker ends, the dues of the government and the dues that are proven to the employer—if any—shall be deducted from the end-of-service gratuity and from any other entitlements.

Article 97

The right of the shift worker or the worker whose wage is determined on the basis of the hour, day, week, half-month, or month and who is absent from work without permission or an acceptable excuse, shall be limited to receiving the wage for the hours he actually worked.

The hourly wage of the worker whose wage is fixed is calculated on the basis of the month by dividing the gross wage by the period for which the wage is granted, then by the number of original hours in accordance with the employment contract or in accordance with the law, whichever is less.

The hourly wage of the shift worker in this case is calculated on the basis of dividing the gross wage for the work cycle assuming that he worked in full by the number of original hours without additional hours.

It is not permitted to deduct the wage of the worker for an hour or day he is absent from work because of his summons in writing to appear before the court, the Public Prosecution, the committee, or any other competent entity. It is also not permitted to deduct the wage of a member of a labour union for his absence because of his official summons in lawsuits relating to the exercise of his union work, provided that the employer is informed of this in advance.

Part Five
Employment of Juveniles

Article 98

It is prohibited to employ any juvenile worker of both sexes or to allow him to enter the workplace unless he reaches the age of 15 (fifteen) years. It is permitted by a decision by the minister to raise this age in some industries, jobs, and occupations that require this.

Article 99

It is not permitted to make the juvenile worker work between the hours of six in the evening and six in the morning nor make them actively work for a period exceeding 6 (six) hours per day.

It is also not permitted to keep the juvenile worker in the workplace for more than 7 (seven) consecutive hours, and the working hours must be interspersed between one or more periods for resting and eating, the total of which is not less than an hour and this period or these periods shall be specified so that the worker does not work for more than 4 (four) consecutive hours.

Article 100

It is not permitted to task juvenile workers to work additional hours or keep them in the workplace beyond the times set for them nor make them work on weekly rest days or official holidays.

Article 101

The employer shall, in the event that he employs a juvenile worker, comply with the following:

1. Verifying the consent of the guardian or custodian regarding his employment.

2. Conducting the medical examination of the juvenile worker to verify his medical fitness to perform work, and repeating the medical examination periodically to verify his continued medical fitness, on the dates specified by a decision issued by the minister.

3. That he has a system for the employment of juveniles in which the working hours, daily rest periods, and weekly rest times are shown. The juvenile worker has the right to obtain a copy of it during official work.

4. That he regularly writes a list showing the names of the juveniles, their age, and the date of their employment.

5. Informing the competent entity of the names of the juveniles before employing them and the persons he tasks to monitor their work.

Article 102

Without prejudice to the provisions of articles 98, 99, 100, and 101 of this law, a decision by the minister shall determine the juvenile employment system, the circumstances and cases for employment, and the jobs, occupations, and industries in which they work in, in accordance with the different age groups.

Part Six
Occupational Safety and Health

Article 103

An occupational safety and health committee shall be established in the ministry, and its composition, determination of its competences, and work system shall be issued by a decision by the minister.

Article 104

The employer or his representative shall inform the worker before employing him of the dangers of his occupation and the means of protection he must take, and shall take the necessary precautions to protect workers during work from health hazards and occupational and machinery hazards, by:

1. Working to provide the necessary occupational safety and health requirements in the workplaces or the means he provides for workers to be able to perform their duties.

2. Ensuring that workplaces are always sanitary and meet the requirements of occupational safety and health.

3. Ensuring that machinery, parts, and equipment are installed and kept to the best safety requirements.

4. Providing the necessary training to familiarise workers with the risks associated with their occupations and the method to prevent them.

The employer shall not charge the worker or deduct from his wage any amount in return for providing this protection.

Article 105

The worker shall refrain from any act intended to prevent the implementation of instructions or misuse, harm, or damage the means put in place to protect and keep the workers safe and healthy in the establishment, and he shall use preventive means and shall exercise the necessary diligence to care for what he has in his possession from equipment and means of work, and shall implement the instructions put in place to preserve his safety and health and to protect him from injuries.

Article 106

An occupational safety and health regulation shall be issued by a decision by the minister after coordinating with the three production parties (the government, employers, and workers) and the relevant entities, and it must include the following measures:

1. The general measures of occupational safety and health that must be applied in all workplaces, such as those relating to lighting, ventilation, recirculation of air, drinking water, toilets, removal of dust and smoke, sleeping quarters of workers, and precautions against fire.

2. The measures for certain types of work.

3. The penalties prescribed in case of violation of the provisions of this regulation.

Article 107

The competent entity may, in the event of a violation of the provisions of occupational safety and health, send a written notice to the employer to take corrective measures to stop the violation within the period specified in the notice. In the event of an imminent danger threatening the safety and health of workers, the ministry shall take the necessary measures to close the workplace, completely or partly, or to stop the use of equipment until the causes leading to this danger cease. It is permitted to request assistance from Royal Oman Police, if necessary, to implement these measures.

Part Seven
Labour Unions, Trade Unions, and the General Federation of Workers

Article 108

Workers may form among themselves labour unions that aim to take care of their interests, defend their rights, improve their financial and social conditions, and represent them in all matters relating to their affairs.

Article 109

The labour unions shall form a general federation for workers to represent them in local, regional, and international meetings and conferences.

Labour unions may form trade unions among themselves.

Article 110

Labour unions, trade unions, and the general federation for workers enjoy independent legal personality, from the date of registration with the ministry, and they have the right to exercise their activities with complete freedom without interference in or influence over their affairs.

The minister shall issue the decisions governing the formation, work, and registration of labour unions, trade unions, and the general federation for workers, and the methods of granting leave to the union member from work to perform his union duties and responsibilities.

Article 111

It is prohibited to impose the punishment of dismissal or any other punishment on representatives of workers in labour unions, trade unions, or the general federation for workers because of the exercise of their labour union activities in accordance with this law and the regulations and ministerial decisions issued implementing it.

Part Eight
Settlement of Collective Labour Disputes, Strike, and Closure

Chapter One
Settlement of Collective Labour Disputes

Article 112

The collective labour agreement is made for the period agreed upon by the parties, and it is subject to renewal by agreement between them. It is permitted to conduct collective bargaining by at least 3 (three) months before the end of the agreement. It is permitted to negotiate any of the terms of the agreement during its validity based on the request of any of the parties.

Article 113

The parties to the dispute have the right to jointly submit a request to the committee to settle it, in the absence of a collective labour agreement, the lack of provisions in the collective labour agreement on the settlement of collective labour disputes, or the failure of collective bargaining to resolve the dispute.

Article 114

The collective labour agreement shall govern the terms and conditions of work in the establishment or the employment sector, and the agreement must be written in Arabic, signed by the representatives of the parties to the collective bargaining, and ratified by the ministry, otherwise, it shall be void.

Any term provided in the collective labour agreement that violates the provisions of this law and the regulations and decisions implementing it shall be void, unless the term is more favourable to the worker.

Article 115

Without prejudice to the provisions of article 112 of this law, the ministry shall review the collective labour agreement for the sectors, ratify it, and register it in the register it prepares for this purpose. It may object to in full or to part of its clauses and refuse to register it, provided that the parties are notified of the reasons for the refusal within a month from the date it is submitted to it. If this period lapses without its ratification or objection, this shall be deemed as an approval by the ministry of this agreement and it shall register it.

In all cases, the collective labour agreement shall not be effective and binding on its parties except after its ratification and registration in the register prepared by the ministry for this purpose.

Article 116

Committees for the settlement of collective labour disputes shall be established in the ministry, and their composition, determination of their competences, and work system shall be issued by a decision by the minister, provided that the composition of the committee is made up of an odd number of members, and that its membership includes a representative of the ministry, a representative of the employers, and a representative of the general federation of workers.

Article 117

When a dispute occurs between the employer or his representative and all his workers or a group of them, the following procedures shall be followed:

1. That the workers submit a written request to the employer to settle the dispute and send a copy of it to the competent entity.

2. The employer shall respond in writing to the request of the workers within a maximum period of 7 (seven) days from the date of receiving the request, and a copy of his response must be sent to the competent entity.

3. If the period referred to in clause 2 of this article lapses without a response from the employer or the settlement is not reached for any reason, the parties, one of them, or their representative may submit a request to the committee to take the procedures for amicable settlement.

Article 118

The request for the settlement of the collective labour dispute submitted to the committee must contain the following:

1. Names and addresses of the parties involved in the dispute.

2. A memorandum explaining the subject matter of the dispute.

3. Documents supporting the parties to the dispute.

4. The procedures followed for the settlement of the dispute, if any.

Article 119

The committee shall resolve the dispute amicably within 15 (fifteen) days from the date of submission of the request. If amicable settlement is made, the committee shall document this in an agreement signed by the parties. In the event that amicable settlement is not reached, the committee shall submit within 7 (seven) days from the failure to reach amicable settlement a report to the competent entity containing a summary of the dispute, matters accepted or rejected by the parties or one of them, and the reasons for the rejection.

Article 120

If an amicable settlement is not reached or if the parties or one of them does not accept the amicable settlement, either of them may submit a request to the competent entity to take the arbitration procedures, which shall refer the dispute to the Committee for Arbitration of Collective Labour Disputes.

Article 121

A committee named the “Committee for Arbitration of Collective Labour Disputes” is hereby established in the ministry. It shall be composed of a president of one of the circuits of the courts of appeal and the membership of each of the following:

1. An arbitrator for the ministry chosen by the minister.

2. An arbitrator for the employer chosen by the Chairman of the Oman Chamber of Commerce and Industry.

3. An arbitrator for workers chosen by the Chairman of the General Federation for Workers.

Each of the ministry, the employer, and the general federation for workers shall choose a substitute arbitrator to replace the original arbitrator in his absence.

Article 122

The Chairman of the Committee for Arbitration of Collective Labour Disputes shall specify a hearing to consider the dispute, the time limit of which shall not exceed 15 (fifteen) days from the date of submitting the arbitration request.

Article 123

The Committee for Arbitration of Collective Labour Disputes shall rule on the dispute submitted to it within a period not exceeding 1 (one) month from the start of its consideration.

Article 124

The Committee for Arbitration of Collective Labour Disputes shall apply the laws, regulations, and decisions in force. If there is no legislative text that can be applied, the arbitration committee shall rule on the dispute by virtue of the provisions of the Islamic Sharia, custom, or the rules of justice and equity in accordance with the prevailing economic and social situation.

The award must be issued as reasoned and by a majority of the opinions. In case of a tie vote, the side that includes the chairman prevails. The award is considered final, and it is not permitted to contest it except before the Supreme Court.

Article 125

The Committee for Arbitration of Collective Labour Disputes shall notify the parties to the dispute of a copy of its award by registered letter within 3 (three) days from the date of its issuance. The arbitration committee shall send the file of the dispute, after notifying the parties, to the competent entity, to file it in its records within the period specified by a decision issued by the minister. Concerned parties shall have the right to obtain a copy of the award.

Each of the parties to the dispute may contest the award of the arbitration committee before the Supreme Court in accordance with the conditions, procedures, and time limits stipulated in the Civil and Commercial Procedures Law.

Article 126

The provisions of the Law of Arbitration in Civil and Commercial Disputes and the provisions of the Civil and Commercial Procedures Law shall apply in regard to matters not governed by a special text regarding arbitration in collective labour disputes.

Chapter Two
Strike and Closure

Article 127

Workers have the right to strike peacefully from work in the establishment to improve the conditions and circumstances of work, provided that the announcement of the strike is approved by three-quarters of the members of the general meeting of the labour union in the establishment.

Article 128

It is prohibited to strike, call for it, or incite it in establishments that provide public or basic services to the public, including oil facilities, petroleum refineries, ports, airports, and means of public transport, and other establishments specified by a decision issued by the minister.

Article 129

The workers or their representative in the establishment shall notify the employer and the competent entity in writing of the desire of the workers to strike at least 3 (three) weeks before the date specified for it. The notice shall indicate the reasons for the strike and the demands of the workers.

The committee must be provided with a copy of this notice to carry out its procedures for the settlement of collective labour disputes in accordance with the provisions of this law.

Article 130

The workers shall suspend the strike when the procedures for the settlement of the collective labour dispute are initiated.

Article 131

The strike from work stipulated in article 127 of this law results in counting its period as unpaid leave for the worker.

Article 132

The employer shall not close the establishment completely or partly during the stages of amicable settlement of the dispute or during its resolution by arbitration.

Article 133

The employer has the right, if necessary, to close the establishment completely or partly to defend his interests.

The closure must be suspended immediately upon the consent of the parties to the initiation of the procedures for the settlement of the collective labour dispute.

Article 134

The employer shall notify the workers or the labour union in the establishment of the closure, and the notice must include the reason for the closure and the date intended for its implementation. The closure shall not be implemented before the lapse of 3 (three) weeks from the date of the notice.

The committee must be provided with a copy of the notice to carry out its procedures for the settlement of collective labour disputes in accordance with the provisions of the law.

Article 135

The employer shall not close the establishment that provides public or basic services, including oil facilities, petroleum refineries, ports, airports, and means of public transport, and other establishments specified by a decision issued by the minister.

Article 136

The days of closure shall be payable working days.

Part Nine
Inspection of Work and Joint Dialogue between Production Parties

Chapter One
Inspection of Work

Article 137

Employees—identified by a decision from the legally competent authority in agreement with the minister—shall have judicial enforcement status in the scope of the application of the provisions of this law and the regulations and decisions issued implementing it. The rules and procedures governing their work shall be specified by a decision by the minister. They shall have the right to enter workplaces and examine the books, records, and papers relating to it to ensure the application of the provisions of this law and the regulations and decisions issued implementing it.

These employees, before starting work, shall take an oath before the minister stating that they shall perform their work honestly and faithfully and not divulge any work secrets or any information or data they have accessed by virtue of their work, even after the end of their service.

Article 138

The employer or his representative shall provide the employees stipulated in article 137 with the necessary facilities to perform their duties and all the data or information they request, provided that it is complete and correct, and that is in relation to the application of the provisions of this law and the regulations and decisions issued implementing it.

It is prohibited for any person to wilfully disrupt or hinder these employees from performing their work.

Article 139

The minister shall issue a decision specifying the procedures and controls for dealing with violators of the provisions of the Labour Law and the decisions issued implementing it.

The ministry may—in coordination with the competent entities—link the violations registered against employers in the register of liabilities of these entities to suspend their services from them until the removal of these violations.

Chapter Two
Committee for Joint Dialogue between Production Parties

Article 140

A committee named the “Committee for Joint Dialogue between Production Parties” is hereby established in the ministry with the following competences:

1. Studying the proposals that regulate the labour market.

2. Promoting and strengthening labour relations between the production parties.

3. Studying developments in Arab and international labour standards to benefit from them in promoting joint dialogue in a manner that serves labour relations between the production parties.

4. Joint cooperation to direct the efforts of the social partners in the labour market in order to increase production, enhance competitiveness, and achieve balance and harmony between the interests of workers and employers in a manner that enhances the national effort to achieve comprehensive and sustainable development.

5. Studying the forms prepared by the ministry for the work, penalties, and complaints system.

Article 141

The Committee for Joint Dialogue between Production Parties shall be formed under the chairmanship of the minister, provided that its membership includes representatives of the three production parties (the government, employers, and workers).

The minister shall issue a decision forming the committee and determining its work system and mechanism.

Part Ten
Punishments

Article 142

Without prejudice to any punishment more severe stipulated in any other law, the crimes specified in this law are punished with the punishments stipulated in it.

Article 143

The following shall be punished by imprisonment for a period no less than 10 (ten) days and not exceeding a month, and a fine of no less than 1,000 (one thousand) Rial Omani and not exceeding 2,000 (two thousand) Rial Omani, or one of those two punishments:

1. Whoever incites, assists, agrees to, or commits any act in violation of the provisions of article 29 of this law. If the perpetrator of the violation is a non-Omani, he shall be deported from the Sultanate of Oman at the expense of the employing party and banned from entry to it. The punishment shall be cumulative according to the number of non-Omani workers who have been employed without authorisation or in violation of the authorisation. The employer who employed them shall pay the expenses of returning them to their countries, and the employer and the employing party shall be banned from recruiting non-Omani workers for a period not exceeding 2 (two) years. The punishment shall be doubled if the employed worker enters the Sultanate of Oman illegally or abandoned his work with the employer who is authorised to employ him. The punishment shall be doubled upon repetition of the violation.

2. The employer or his representative who refrains from providing the necessary facilities, details, or information in accordance with the provisions of this law; provides false data or information to employees; performs any act that deprives the worker of his right to exercise his union activity; or hinders the formation of labour unions, trade unions, or the general federation for workers.

3. Whoever violates the provisions of articles 31 and 32 of this law and the decisions relating to the conditions of the licence, in addition to cancelling or suspending the licence for a period of no less than 1 (one) year.

4. Every person who wilfully obstructs or hinders an employee authorised with judicial enforcement status from the exercise of his powers or the performance of any duty conferred on him or imposed on him. The punishment shall be doubled upon repetition of the violation.

5. A non-Omani worker who works in the Sultanate of Oman without a permit or who works for an employer other than the employer authorised to employ him, in addition to cancelling the permit issued to him, if any, deporting him from the Sultanate of Oman at the expense of the employing party, and banning him from entering the Sultanate of Oman.

6. Whoever violates articles 5, 18, 22, 27, 75, 76, 98, 99, and 100 of this law.

Article 144

Every employer who does not comply with the prescribed Omanisation percentages or the plan to replace non-Omani workers with Omanis shall be punished by a fine of no less than 500 (five) hundred Rial Omani and not exceeding 1,000 (one thousand) Rial Omani, for every Omani required to be employed or to be a replacement.

The employer shall achieve the legally prescribed Omanisation percentage within 6 (six) months from the date of discovering the violation. The punishment shall be doubled upon repetition of the violation.

Article 145

The following shall be punished by imprisonment for a period no less than 1 (one) month and not exceeding 6 (six) months, and a fine of no less than 500 (five) hundred Rial Omani and not exceeding 3,000 (three thousand) Rial Omani, or one of those two punishments:

1. Whoever violates the provisions of articles 128, 129, 130, 132, 134, and 135 of this law.

2. A worker who obstructs or disrupts work in the establishment during the strike period.

Article 146

Every worker who requests or accepts for himself or for others any consideration whatsoever or accepts a promise to do so without the knowledge and consent of the employer to perform one of the jobs assigned to him or to refrain from it, shall be punished by imprisonment for a period no less than 3 (three) months and not exceeding 3 (three) years, and a fine of no less than 1,000 (one thousand) Rial Omani and not exceeding 5,000 (five thousand) Rial Omani, or one of those two punishments.

Article 147

Whoever violates the provisions of articles 3, 6, 8, 14, 19, 24, 25, 36, 39, 49, 50, 52, 53, 54, 55, 57, 58, 59, 60, 61, 62, 63, 64, 65, 70, 74, 87, 91, 93, 94, 95, 101, 104, 111, and 117 of this law shall be punished by a fine of no less than 500 (five hundred) Rial Omani and not exceeding 1,000 (one thousand) Rial Omani.

In all cases, the punishment shall be cumulative according to the number of workers against which the violation is committed. The punishment shall be doubled upon repetition of the violation.

Article 148

Whoever violates the provisions of articles 77, 78, 79, 82, 84, and 90 shall be punished by a fine of no less than 100 (one hundred) Rial Omani and not exceeding 300 (three hundred) Rial Omani. The punishment shall be cumulative according to the number of workers against which the violation is committed. The punishment shall be doubled upon repetition of the violation.

Article 149

It is permitted for the minister or whoever he authorises not to proceed with the lawsuit procedures for the crimes punishable in this law and to settle with financial fines in accordance with the rules and categories for which a decision shall be issued by the minister.

The minister may deport the administratively violating worker from the Sultanate of Oman at the expense of the employing party, ban him from entering the Sultanate of Oman, and suspend the services of the ministry from the employer and the employing party.

Article 150

It is permitted, by a decision by the minister, to impose administrative penalties for violating the provisions of this law and the regulations and decisions issued implementing it.