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Updated March 2021

KEY LEGISLATION

PRIVATE SECTORS (OTHER THAN DOMESTIC WORKERS)

Labour Law, Royal Decree 35/2003.

DOMESTIC WORKERS

Ministerial Regulation No. 189 of 2004 on Labour Rules and Conditions for Domestic Employees. 2 Standard employment contract (2011).

RECRUITMENT

RECRUITMENT FEES

It is prohibited for recruitment agencies to charge fees to workers. 3

PASSPORT CONFISCATION

It is prohibited for employers to confiscate workers’ passports. 4

WORKING CONDITIONS

CONTRACT

The contract must be drafted in Arabic in two original copies, one for each party.

The employment contract must be written in Arabic, signed by both parties. 5

MINIMUM WAGE

None applicable. 6

WORKING HOURS

The Rule

Nine hours a day, 48 hours per week.

Workers will receive at least a 30-minute break for every six hours of continuous work done. 7

Exceptions

During the month of Ramadan, the maximum working hours shall be six hours a day or 30 hours a week for Muslim employees. 8

Not specified.

REST PERIODS

Two days per week. 9

One day per week.

OVERTIME

Overtime compensation depends on the type of day when the task is performed:

  • During weekly working days:
    • 125 per cent for daytime hours;
    • 150 per cent for nighttime hours.
  • During weekly rest:
    • 200 per cent.
  • During national holidays:
    • 200 per cent.

Overall working hours per day – initial and overtime combined – cannot exceed 12 hours.

Not specified.

PAYMENT OF WAGES

Employers have to pay workers at least on a monthly basis through the Wage Protection System to an accredited bank, within seven days from the end of the period when wages become due.

Employers who make late payments are subject to a penalty of OMR100 (US$260) per employee.

Employers have to pay domestic workers on a monthly basis in OMR, within seven days of the end of each month. The domestic worker must be provided a signed receipt when payment is made.

ANNUAL LEAVE

30 days of paid leave upon completion of six months of service.

Workers are entitled to a paid, six-day emergency leave once a year. A decision by the Minister shall regulate the emergency leave for employees. 10

30 days of paid leave every two years, including a round-trip travel ticket.

OTHER REQUIREMENTS

Work under direct sunlight/outdoors is prohibited between 12.30 p.m. and 3.30 p.m. during summer (June through August). 11

Workers are entitled to ten weeks of paid sick leave per year, with payment divided as follows: 12

  • 1st and 2nd week – gross wage;
  • 3rd and 4th week – three-quarters of gross wage;
  • 5th and 6th week – half of gross wage; and
  • 7th to 10th week – one-quarter of gross wage.

Employers have to provide domestic workers with an appropriate room and board, as well as local medical care.

END OF SERVICE GRATUITY

15 day basic salary for each year of service.

Not specified.

FREEDOM OF ASSOCIATION

RIGHT TO JOIN TRADE UNIONS

All workers can join a trade union.13

LODGING COMPLAINTS/ RESOLVING DISPUTES

Conciliation

Workers who allege unfair dismissal have 15 days from the date of dismissal to apply to the Ministry of Manpower. The ministry will attempt an amicable settlement of the dispute. If a settlement is not reached within two weeks, or if one has been reached but one of the parties refuses to implement it, the matter shall be referred to the competent court. 14 In case of other types of disputes, the worker must first follow the grievance procedures set down by the employer, 15 but if unsuccessful or no procedure is in place, the worker may apply to the Ministry of Manpower, which will attempt an amicable settlement.

Judicial remedy

In case of a failure to reach an amicable remedy, unresolved disputes can be brought before the Primary Court. Several hearings may precede the judgment. Verdicts can be challenged at the Appellate Court.

SHELTERS AND PROTECTION SERVICES

There is a government-run women’s shelter for victims of trafficking in Muscat that can lodge up to 50 women and child victims. 16

SPONSORSHIP

SPONSORSHIP AND CHANGING EMPLOYERS

With permission of employer

Anytime.

Without permission of employer

Transfer of a migrant worker to another employer is permitted if:

  • the employment contract with the existing employer has ended or was terminated (evidence must be shown);
  • the new prospective employer meets Omanization requirements; and
  • the new prospective employer has been granted the requisite labour clearance from the Ministry of Manpower as being authorized to employ the migrant worker. 17

Penalty for non-compliance

Employers can file absconding charges. Workers have 60 days from the filing of the absconding notice to object and submit their evidence. If the absconding charge is not disputed, the worker may be subject to a fine that ranges between OMR400 (US$1,040) to OMR800 (US$2,079), deportation and an entry ban. 18

LEAVING THE COUNTRY

There is no requirement for an exit permit to leave the country. 19

 

  1. This factsheet was prepared by the ILO FAIRWAY Project, supported by the Swiss Agency for Development and Cooperation, and was reviewed by Clyde & Co lawyers for accuracy.
  2. However, the 2004 regulations provide for no penalties; therefore, they effectively serve as guidance rather than enforceable labour protections under the law.
  3. Ministerial Decision No. 1 of 2011 on Issuing the Regulations for Recruiting Non-Omani Workforce, and Labour Law, article 20.
  4. Circular No. 2 in 2006, as quoted in Gulf Labour Markets and Migration (GLMM), “The Legal Framework of the Sponsorship Systems of the Gulf Cooperation Council Countries: A Comparative Examination”, GLMM Explanatory Note No. 4, 2019.
  5. If the contract is in a language other than Arabic, a copy must be appended in Arabic.
  6. The minimum wage for nationals in the private sector is currently 325 Omani rials (OMR) (US$845), comprising a OMR225 (US$585) minimum basic salary and OMR100 (US$260) as minimum allowance.
  7. Labour Law, article 69
  8. Labour Law, article 68.
  9. Labour Law, article 71.
  10. Labour Law, article 61.
  11. Ministerial Resolution No. 286/2008, as amended by Ministerial Resolution No. 322/2011, article 16/3-3.
  12. Labour Law, article 66.
  13. Labour Law, articles 108–110 and Ministerial Decision No. 500 of 2018 on the Regulation Governing the Formation, Registration and Functioning of Trade Unions and Federations and the General Federation of Oman Trade Unions.
  14. Labour Law, article 106.
  15. According to the article 104 of the Labour Law, every employer who employs 50 or more workers shall display in a conspicuous place the procedure for complaints and grievances to be approved by the competent directorate.
  16. In February 2020, the Government authorized all potential victims to self-report to the shelter and receive protective services. However, the Government still stipulated that long-term shelter stays must coincide with active trafficking investigations – US Department of State, “Trafficking in Persons Report: Oman”, 2020.
  17. Ministerial Decision No. 157/2020, which amends article 24 of Decision No. 63/1996 Issuing the Executive Regulations of the Law on the Residence of Foreigners.
  18. Ministry of Manpower, Ministerial Decision No. 270 of 2018.
  19. However, there are some indications that “Oman requires the sponsor to submit to the competent authority a sponsored exit request two weeks prior to the expiry of the residence permit, in case of its non-renewal or cancellation” – GLMM, “The Legal Framework of the Sponsorship Systems of the Gulf Cooperation Council Countries: A Comparative Examination”, GLMM Explanatory Note No. 4, 2019, 12.