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Oman Sultani Decree No. 53/2023
On the Promulgation of the Labour Law
Type
Law
Issued on
25 Jul 2023 (corresponding to 7 Muharram 1445 H)
Nature
Sultani Decree
Jurisdiction
Oman
Document link: https://www.lexismiddleeast.com/law/Oman/SultaniDecree_53_2023
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Oman Sultani Decree No. 53/2023 On the Promulgation of the Labour Law
Table of contents
The Labour Law .............................................................................................................................................................................. 3
Title 1 - Definitions and General Provisions (art. 1 - 17) ................................................................................................... 3
Chapter 1 - Definitions (art. 1 - 1) ................................................................................................................................................ 3
Chapter 2 - General Provisions (art. 2 - 17) .................................................................................................................................. 5
Title 2 - Regulation of Work (art. 18 - 32) .......................................................................................................................... 7
Chapter 1 - Employment of Omanis (art. 18 - 26) ......................................................................................................................... 7
Chapter 2 - Regulation of the Work of Non-Omanis (art. 27 - 32) ................................................................................................ 8
Title 3 - Employment Contract and Obligations of Employer and Worker (art. 33 - 69) .................................................... 9
Chapter 1 - Employment Contract (art. 33 - 51) ........................................................................................................................... 9
Chapter 2 - Obligations of Employer (art. 52 - 66) ...................................................................................................................... 13
Chapter 3 - Obligations of Workers (art. 67 - 69) ........................................................................................................................ 15
Title 4 - Working Hours, Leaves and Wages (art. 70 - 97) ................................................................................................ 16
Chapter 1 - Working Hours (art. 70 - 76) ..................................................................................................................................... 16
Chapter 2 - Leaves (art. 77 - 84) .................................................................................................................................................. 17
Chapter 3 - Wages (art. 85 - 97) .................................................................................................................................................. 18
Title 5 - Employment of Juveniles (art. 98 - 102) ............................................................................................................. 20
Title 6 - Occupational Health and Safety (art. 103 - 107) ................................................................................................. 20
Title 7 - Trade Unions, General Sectoral Unions and General Federation of Workers (art. 108 - 111) ............................. 21
Title 8 - Settlement of Collective Labour Disputes, Strike and Closure (art. 112 - 136) ................................................... 22
Chapter 1 - Collective Labour Dispute Settlement (art. 112 - 126) ............................................................................................. 22
Chapter 2 - Strike and Closure (art. 127 - 136) ............................................................................................................................ 23
Title 9 - Labour Inspection and Joint Dialogue Between the Production Parties (art. 137 - 141) ..................................... 24
Chapter 1 - Labour Inspection (art. 137 - 139) ............................................................................................................................ 24
Chapter 2 - Committee for Joint Dialogue Between the Production Parties (art. 140 - 141) ....................................................... 25
Title 10 - Penalties (art. 142 - 150) ................................................................................................................................... 25
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Oman Sultani Decree No. 53/2023 On the Promulgation of the Labour Law
Abrogating
Oman Sultani Decree No. 35/2003 dated 26/04/2003
We, Haitham bin Tarik, Sultan of Oman,
After perusal of the Basic Statute of the State;
The Law on Arbitration in Civil and Commercial Disputes promulgated by Oman Sultani Decree No. 47/1997;
The Labour Law promulgated by Oman Sultani Decree No. 35/2003;
Oman Sultani Decree No. 89/2020 On the Establishment of the Ministry of Labour, the Determination of Its Competences and
the Approval of Its Organisational Structure;
And the Social Protection Law promulgated by Oman Sultani Decree No. 52/2023;
Upon proposal to the Council of Oman;
And based on the public interest requirements;
Have decreed the following:
Article 1
The provisions of the attached Labour Law shall come into force.
Article 2
The Minister of Labour shall issue the necessary regulations and decisions for implementing the provisions of the attached
Law. Pending issuance thereof, the regulations and decisions in force shall remain effective to the extent that they do not
contradict with its provisions.
Article 3
Those addressed by the provisions of the attached Law shall adjust their situation in accordance with its provisions within (6)
six months from the date of its entry into force.
Article 4
The aforementioned Labour Law as well as any provision that is contrary to the attached Law or in conflict with its provisions
shall be abrogated.
Article 5
This Decree shall be published in the Official Gazette, and it shall come into force as of the day following the date of its
publication.
Issued on: 07/01/1445 H.
Corresponding to: 25/07/2023
Haitham bin Tarik
Sultan of Oman
The present Decree was published in the Official Gazette of the Sultanate of Oman, Issue no. 1504, dated 30/07/2023. p. 9.
The Labour Law
Title 1 - Definitions and General Provisions
Chapter 1 - Definitions
Article 1
In application of the provisions of this Law, the following terms and expressions shall have the meanings assigned against
each, unless the context stipulates otherwise:
1- Ministry:
The Ministry of Labour.
2- Minister:
The Minister of Labour.
3- Competent Authority:
The competent directorate general at the General Diwan of the Ministry, the Directorate General of Labour in the
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Oman Sultani Decree No. 53/2023 On the Promulgation of the Labour Law
The competent directorate general at the General Diwan of the Ministry, the Directorate General of Labour in the
Governorate or the Labour Department or its branches, as the case may be.
4- Committee:
The Collective Labour Dispute settlement committees provided for in Article (116) of this Law.
5- Work Licence:
The written approval issued by the Ministry to the Employer to recruit non-Omani workforce in a specific occupation.
6- Practice Licence:
The written approval issued by the Ministry for the Worker to work in a specific profession.
7- Omanisation:
The employment system developed by the Ministry in respect of the occupations with the aim of achieving the targeted
Omani employment and replacement.
8- Establishment:
Any enterprise wherein the Employer carries out his activity.
9- Employment Contract:
Any agreement whereby the Worker is under the obligation to work for the interest of the Employer and under his
management and supervision in consideration for a wage.
10- Employer:
Any natural or legal person who employs one or more Workers in consideration for a wage.
11- Worker:
Any natural person who works for an Employer and under his management and supervision in consideration for a wage.
12- Juvenile Worker:
Any Worker who has attained (15) fifteen years of age but has not reached the age of (18) eighteen years.
13- Overtime:
The work performed outside the Working Hours prescribed in this Law.
14- Remote Work:
A work system where the Worker performs his work or duties using the information and communication technology
within the Sultanate of Oman outside the premises of the Establishment, whether partially or completely.
15- Working Hours:
The time when the Worker is under the Employer's management and supervision.
16- Night Working Hours:
The period between 9:00 pm and 5:00 am, during which the Worker is under the Employer’s management and
supervision.
17- Basic Wage:
The monetary consideration agreed upon between the Worker and the Employer in the Employment Contract, plus the
periodic increment.
18- Gross Salary:
The Basic Wage plus all the increments and allowances that are prescribed for the Worker in exchange for his work.
19- Collective Labour Agreement:
An agreement concluded between the Employer and the Workers or their representatives, which regulates the terms
and conditions of work.
20- Collective Labour Disputes:
The dispute that arises between the Employer and the Workers regarding the terms and conditions of work in the
Establishment.
21- Probationary Period:
The period that enables the Employer and the Worker to decide on the continuation of each of them in the
employment relationship.
22- Economic Cause:
Financial loss suffered by the Employer for a period of not less than (2) two consecutive Years. The non-realization of
profits or the Employer’s closure of one of his activities or branches for causes related to the futility of its continuation
shall not be considered a financial loss.
23- Year:
(365) Three hundred and sixty-five days.
24- Month:
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Oman Sultani Decree No. 53/2023 On the Promulgation of the Labour Law
24- Month:
(30) Thirty days.
Chapter 2 - General Provisions
Article 2
The provisions of this Law shall apply to all Employers and Workers, but shall not apply to those whose work is governed by
special laws or regulations.
It shall be permissible by a decision of the Minister to regulate the work of categories of a special nature of work, provided that
the decision includes the following in particular:
a– The terms and conditions of work.
b– The penalties imposed on violators.
c– The exemption from judicial fees in all lawsuits arising from labour disputes filed by Workers or their beneficiaries.
d– The regulation of the work of judicial officers.
e– The terms, conditions and fees related to the Work Licence and Practice Licence and renewal thereof as well as data
registration and renewal, upon approval of the Ministry of Finance and the Council of Ministers.
f– The guarantees to be provided by the Employer, whether financial or in-kind, or any other amounts that are directly
or indirectly related to the legal relationship between the Employer and the Worker.
Article 3
Every Employer shall provide the Worker with the minimum rights prescribed for the Worker under the provisions of this Law.
The levels and conditions of employment of the Worker prior to the entry into force of this Law may not be reduced if the
Worker remains in the service of the Employer after its entry into force.
Article 4
Any condition or agreement that contradicts the provisions of this Law shall be void, even if it preceded its entry into force,
unless it is more beneficial to the Worker. Any discharge, reconciliation or waiver of the rights arising from this Law shall also
be void if it is contrary to its provisions. Any better conditions that are prescribed for the Worker under the laws, regulations
and decisions in force on the date of entry into force of this Law shall remain effective.
Article 5
The Employer shall be prohibited from imposing any form of compulsory or forced labour upon the Worker.
Article 6
The Employer may not keep the Worker's passport or private documents, except with the written consent of the Worker.
Article 7
Arabic shall be the language used in the regulations, decisions and circulars issued by the Employer to his Workers.
If the Employer uses a foreign language besides the Arabic language in any of the aforementioned cases, the Arabic text shall
be the only approved text.
Article 8
Any Employer who employs (50) fifty Workers or more shall develop a complaint and grievance system in the Establishment
after approval thereof by the Competent Authority. It shall include the Worker’s right to file his complaint or grievance to the
Employer or his representative. The Employer shall enable the Worker to obtain an approved copy of said system.
Article 9
Lawsuits in labour disputes arising from claims of rights provided for in this Law, and the Employment Contract, shall not be
accepted if they are initially filed with the competent court without submitting a request for settlement to the competent
administrative division at the Ministry to engage in the settlement efforts between the parties thereto in accordance with the
provisions of this Law, within a maximum period of (30) thirty days from the date of filing the application.
If a settlement is reached between the parties to the dispute before the competent administrative division at the Ministry, the
reconciliation shall be established in a record signed by the parties, the competent employee at the Ministry and whomever is
delegated from among the judges. It shall have the power of the writ of execution, and shall terminate the dispute within the
limits of the reconciliation. An official copy of the record stamped with the executory formula shall be provided in accordance
with the provisions of the Civil and Commercial Procedure Law, subject to the legally prescribed rules of jurisdiction. If no
settlement could be reached between the parties to the dispute, the competent administrative division at the Ministry shall
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settlement could be reached between the parties to the dispute, the competent administrative division at the Ministry shall
refer the dispute to the competent court within (7) seven days from the date of the last settlement session. The referral shall
be accompanied by a memorandum containing the facts of the dispute, the names of the parties, their original domicile or the
domicile elected by each of them for the litigation procedures, a statement of the Worker’s wage and the requests in the
lawsuit. A copy of the Employment Contract and the other arguments and grounds presented by all parties shall be enclosed
therewith.
The right to claim any of the rights provided for in this Law shall be forfeited after the lapse of one Year from the date of their
maturity. Regarding the rights that arose prior to the entry into force of this Law, the period of one Year shall be calculated
from the date of entry into force of its provisions.
Article 10
A Worker who is dismissed from work may file his complaint with the Competent Authority within (30) thirty days from the
date of being notified of the decision, and it shall take the actions provided for in Article (9) of this Law.
Article 11
If the competent court finds that the dismissal of the Worker from his work was arbitrary or in violation of the law, it shall rule
either that the Worker return to his work, or that the Employer pay the Worker compensation not less than (3) three Months’
wage, up to a maximum of (12) twelve Months, to be calculated on the basis of the last Gross Salary wage he received, subject
to the Worker's circumstances and the period of his service, in addition to the following:
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 Salary for the notice period prescribed by the law or the Employment Contract, whichever is greater.
3- The insurance contributions prescribed for the period extending from the date of arbitrary dismissal to the issuance
of the final judgment.
Article 12
The termination of the Employment Contract by the Employer shall be considered as arbitrary dismissal of the Worker if the
termination was caused by any of the following:
1- Gender, origin, colour, language, religion, creed, social status or disability, or pregnancy, childbirth or breastfeeding
in the case of a working woman.
2- The Worker’s affiliation to a labour union, or his legitimate participation in any of its activities or on account of his
representation in union work, as specified by the laws, regulations and decisions issued in this regard.
3- The filing of a complaint or report, or the filing of a lawsuit against the Employer, unless the complaint, report or
lawsuit is vexatious.
4- For disciplinary reasons, in disregard of the provisions of this Law, the labour regulations and the list of penalties in
the Establishment.
5- The Worker’s absence from work due to his detention or imprisonment with the competent authorities and the lapse
of the period of detention or imprisonment without referral to the competent court or his acquittal by the court.
Article 13
All lawsuits arising from disputes related to the provisions of this Law which are filed by Workers or their beneficiaries shall be
exempt from the judicial fees.
Article 14
The Employer shall return the non-Omani Worker to his country or to any other country agreed upon after the expiration of
the Employment Contract within a maximum period of (60) sixty days. The Employer shall provide the Worker, upon his
request, with a release from any obligations towards him at the end of the Employment Contract, or upon his departure from
the Sultanate of Oman.
In the event that the Worker refuses to travel, the Competent Authority shall return the Worker at the expense of the Ministry
and it shall have recourse against the Employer for the costs incurred by the Ministry to this end.
The Worker shall have the right to remain in the Sultanate of Oman in the event that he files a lawsuit to claim his
entitlements pending adjudication of his claim, without this entailing any financial implications for the Employer.
Article 15
The Minister shall issue a decision regulating the return of the non-Omani Worker to his country in the event that he is found
to be medically unfit for work upon his first arrival to the Sultanate of Oman, or if it is proven that he forged his academic
degrees or practical experience, or if he wishes to return without a legitimate reason, or if he leaves work.
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Article 16
The Minister may regulate employment in a specific work sector or a certain work category whenever the public interest so
requires.
Article 17
The following works shall be regulated by a decision of the Minister:
1- Casual work that does not, by its nature, fall within the activity practised by the Employer.
2- Temporary work.
3- Part-time work.
4- Remote Work.
Title 2 - Regulation of Work
Chapter 1 - Employment of Omanis
Article 18
Employment is a right of Omanis. Non-Omanis may only work within the Sultanate of Oman pursuant to the terms and
conditions set out in this Law and the decisions issued in implementation hereof.
Article 19
The Employer or his representative shall record the data of Omani Workers in a special register at the Establishment using the
form prepared by the Ministry. He shall keep this register at the workplace and update it on the Ministry's website or submit it
on paper during the month of January of each Year, including the following:
1- A detailed statement of the number of his Omani Workers along with their occupations, wages and gender.
2- A statement of the number and type of job vacancies throughout the Year, if any.
3- The annual plan for Omanisation and replacement within the Establishment.
Article 20
The Minister shall issue a regulation for the training of Omanis, which shall include the rate of the Establishment’s
contribution to the training programmes, in coordination with the Oman Chamber of Commerce and Industry and with each of
the economic sectors.
Article 21
A fund for the development of national human resources shall be established at the Ministry. It shall provide funding to
programmes and policies of employment, rehabilitation and empowerment of Workers in the private sector. The Council of
Ministers shall approve the system and sources of financing of the fund as well as the rules and procedures governing its work,
upon coordination between the Ministry and the competent authorities in regard thereof.
Article 22
An Employer who employs (25) twenty-five Workers or more shall take the following actions:
1- Announcing the occupations and the requirements, conditions and selection criteria specified for filling them.
2- Complying with the occupational classification approved by the Ministry in a manner that facilitates the
Establishment’s Omanisation procedures.
3- Determining the wages, employment benefits and working conditions.
4- Training Omanis to develop their skills and raise their efficiency.
5- Creating the appropriate work environment and facilities at the workplace.
6- Providing performance appraisal systems.
7- Devising a plan for the appointment and training of Omanis for leadership roles, and monitoring its implementation.
8- Developing practical strategies to retain the Omani workforce.
The Minister may amend the number of Workers prescribed in this Article, upon the approval of the Council of Ministers.
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Article 23
The Employer shall employ Omanis in the Establishment. The Omanisation ratio in the various economic sectors and the
activities and occupations included in each sector shall be determined as required by the circumstances of each sector or
activity and according to the availability of the necessary Omani workforce and the prescribed ratio of Omanis in occupations
where Omani workforce is available to fill them.
The occupations and jobs where Omanis shall replace non-Omanis shall be determined by a decision of the Minister.
The Employer shall treat all Workers equally where the nature and conditions of their work are alike.
Article 24
An Employer who employs (40) forty Workers or more shall appoint professionally qualified Omani persons with disabilities in
jobs that suit their condition, within the limits of the ratio determined by a decision of the Minister.
The Minister may amend the number prescribed in the preceding paragraph of this Article, upon the approval of the Council of
Ministers.
Persons with disabilities who are employed in accordance with the preceding paragraph shall enjoy the same rights prescribed
to other Workers.
Article 25
The Employer or his representative shall electronically update the data form referred to in Article (22) of this Law with vacant
or new occupations of any kind, by indicating each of them, the Gross Salary specified for them and the scheduled date for
filling them, within thirty (30) days from the date of their vacancy or creation.
The Employer shall, within one Month from the date of employing an Omani, send the registration form for this Worker to the
Competent Authority from which it was issued, along with a statement including the date of his commencing work, the wage
allocated to him and the type of work. The number and date of the registration form shall be indicated before the Worker’s
name in the Establishment’s register of Workers who shall be classified by skill level and occupational group and the other
classifications determined by a decision of the Minister.
Article 26
The Competent Authority shall undertake the following to employ Omanis:
1- Obtain from Employers a statement of the vacant occupations and the conditions for filling them.
2- Nominate Workers for the vacant occupations whenever they meet the conditions for filling them.
3- Offer advice and guidance to job seekers in respect of vocational training and guidance to facilitate their
employment in vacant occupations.
The Employer shall have the right to choose among the candidates and others to fill the vacant occupations.
Chapter 2 - Regulation of the Work of Non-Omanis
Article 27
The Employer shall be prohibited from recruiting non-Omani Workers unless he obtains the relevant licence from the
Ministry. The following conditions shall be met to issue such licence:
1- There shall not be any Omanis with the academic qualifications, experience or technical skills necessary for the
required occupations.
2- The Employer shall comply with the approved Omanisation plan, and with the prescribed Omanisation ratios.
3- The non-Omani Worker shall have academic qualifications, practical experience, technical skills, professional
competence or the other occupations needed by the country.
4- The prescribed fees shall be paid.
Article 28
Non-Omanis shall be prohibited from joining any work in the Sultanate of Oman prior to obtaining a Practice Licence. The
following conditions shall be met to issue a Practice Licence:
1- shall pass the professional standards tests for practising the professions determined by the Competent Authority.
A list of the professions that require a practice certificate shall be issued by a decision of the Minister.
2- The Worker shall have entered the Sultanate of Oman in a legal way, and shall meet the conditions stipulated in the
Foreigners Residence Law and the regulations and decisions issued in implementation thereof.
3- The Worker shall be medically fit and free from the diseases specified by the Ministry of Health.
4- The Worker shall have a contract with an Employer who has obtained the necessary licences from the competent
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4- The Worker shall have a contract with an Employer who has obtained the necessary licences from the competent
government authorities.
5- The prescribed fees shall be paid.
Article 29
The Employer shall be prohibited from the following:
1- Allowing any non-Omani Worker whom he is licensed to employ and for whom a Practice Licence is issued to work
for others except after notifying the Ministry electronically and the Ministry licensing him to do so.
2- Employing any non-Omani Worker who is licensed to work for others except after providing the Ministry
electronically with the Worker’s data and work address using the specified form.
A decision by the Minister shall determine the controls for the transfer of non-Omani Workers from one job to another,
the controls and procedures that the Employer shall follow in notifying that the non-Omani Worker has left work, and
the obligations and penalties incurred by the Worker and the Employer as a result of violating the decision.
3- Employing any non-Omani Worker in any occupation where it is decided that employment is restricted to Omanis.
Article 30
The following shall be determined by a decision of the Minister:
1- The fees for the Work Licences and the fees for the Practice Licence and its renewal as well as data registration and
renewal, after obtaining the approval of the Ministry of Finance and the approval of the Council of Ministers.
The Practice Licence shall be renewable for the same period or for any period specified in the decision.
2- The occupations and jobs that non-Omanis are not allowed to fill.
3- The occupations and jobs for which Work Licences are temporarily suspended.
4- The conditions and occupations in which the non-Omani workforce may transfer between private sector
Establishments on a temporary basis.
5- The classification of occupations by occupational level.
Article 31
It shall be prohibited to engage in the activity of recruiting non-Omani workforce except after obtaining a licence from the
Ministry. It shall also be prohibited to charge the Worker whose recruitment is licensed any amounts in exchange for his
employment. A decision by the Minister shall specify the conditions and controls to be met to engage in the activity of
recruiting non-Omani workforce and the contract concluded between the Employer and the party licensed to engage in the
activity.
Article 32
It shall be prohibited to advertise and promote the Workers and to classify them on the basis of creed, colour or cost, or to
advertise them in a manner demeaning to human dignity.
Title 3 - Employment Contract and Obligations of Employer and Worker
Chapter 1 - Employment Contract
Article 33
The Employment Contract shall be established in writing, and written in Arabic in two copies, one for each party. However, the
contract may be written in a language other than Arabic, provided that an Arabic version is attached thereto and approved by
both parties to the contract. Where there is no written Employment Contract, the Worker may establish his rights by all means
of evidence. The contract shall be approved by the Competent Authority.
Article 34
An Employment Contract may be concluded for a fixed term or for an indefinite duration. If the term is fixed, it shall not
exceed (5) five Years, renewable by agreement of the two parties. If the contract is renewed, the term or the new term shall be
considered an extension of the original term and shall be added thereto in calculating the total period of service of the Worker.
Article 35
An Employment Contract shall be considered of indefinite duration in the following cases:
1- If the contract is concluded without specifying its term.
2- If the contract is concluded for a term of more than (5) five Years.
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2- If the contract is concluded for a term of more than (5) five Years.
3- If the original and renewed term of the contract exceeds (5) five Years.
4- If the contract is not established in writing, or if it is a written contract with a fixed term and its term expires, but
the parties pursue its execution without a written agreement between them.
5- If the Employment Contract is concluded for the completion of a specific work which takes more than (5) five Years.
6- If the Employment Contract concluded for the completion of a specific work is renewed, and the period of
completion of the original work and the works for which the contract was renewed exceeds (5) five Years.
7- If the Employment Contract concluded for the completion of a specific work expires and the parties thereto pursue
its execution after the completion of this work without an express agreement to renew it.
Article 36
The Employment Contract shall include the following data in particular:
1- The name of the Employer and Establishment and the address of the workplace.
2- The Worker’s name, date of birth, qualification, occupation, place of residence and nationality.
3- The type and conditions of the work and the term of the contract if it is for a fixed term.
4- The Basic Wage and any increments, allowances, benefits or gratuity that the Worker is entitled to under the
applicable conditions of service, and the date of payment of the wage agreed upon.
5- The appropriate period for serving a notice by the party to the contract that does not wish to renew it, provided that
the notice period served by the Employer on the Worker is not less than one Month.
6- The obligation to respect religions and religious beliefs, to comply with the laws, customs and traditions of the
Sultanate of Oman and to refrain from interfering in activities that prejudice the security of the Sultanate of Oman.
Article 37
The Probationary Period of the Worker, if any, shall be specified in the Employment Contract, provided that it does not exceed
(3) three Months for those who receive a Monthly wage and (2) two Months for those who are paid otherwise.
The Worker may not be placed under probation more than once with the same Employer. If the Worker successfully passes the
Probationary Period, it shall be included in his service period.
Either party to the contract may terminate it during the Probationary Period, if the inappropriateness of continuing
employment is established, after serving a notice of at least (7) seven days on the other party.
Article 38
The parties to an Employment Contract of indefinite duration may terminate it at any time subsequent to its conclusion based
on a legitimate reason by serving a written notice on the other party thirty (30) days prior to the date of termination for
Workers employed for 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 thereof, to be calculated on the basis of the last Gross Salary
that the Worker was receiving.
Article 39
The notice of contract termination served by the Employer on a Worker who is on leave shall only take effect as of the day
following the end of the leave.
In any case, the Employer shall allow the Worker to be absent from work during the notice period at the rate of (10) ten paid
hours per week to search for a new job. The Worker shall notify the Employer that he has found a new job and shall
subsequently work regularly until the end of the notice period.
Article 40
The Employer may dismiss the Worker without prior notification, and without 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 an error that results in a huge material loss for the Employer, provided that the latter notifies the
Competent Authority of the incident within (30) thirty working days from the date of his knowledge of its occurrence.
3- If he does not observe the written instructions to be followed for the safety of the Workers and the workplace despite
being warned in writing, and their violation is likely to cause serious damage to the workplace or Workers.
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4- If he is absent from work without an acceptable excuse for more than (7) seven consecutive days, or for (10) ten
separate days during one Year, provided that the dismissal is preceded by a written warning served by the Employer on
the Worker after his absence for (5) five days in the first case.
5- If he discloses the secrets of the Establishment where he works other than what is legally authorised.
6- If he is convicted in a felony or crime involving moral turpitude or dishonesty, or in a misdemeanour committed at
the workplace or in the course of his performance of the work.
7- If, during Working Hours, he is found in a state of drunkenness or under the influence of a narcotic or psychotropic
substance, or he commits an act against public morality.
8- If, in the course of or on account of the work, he assaults the Employer or his representative, or if he assaults one of
his superiors, or if he assaults one of the Workers at the workplace and the assault results in illness and
discontinuation of work.
9- If the Worker seriously breaches his obligation to perform his work agreed upon in the Employment Contract.
Article 41
The Worker may leave work without observing the notice period provided for in Article (38) of this Law, or before the end of
the contract if it is for a fixed term, while retaining all his rights, including the end-of-service gratuity and without prejudice
to his right to compensation, after notifying the Employer thereof, in any of the following cases:
1- If the Employer or his representative commits fraud at the time of entering into the contract with the Worker.
2- If the Employer fails to pay the Worker his wage for more than (2) two consecutive Months, or to fulfil his
substantive obligations under this Law and the Employment Contract.
3- If the Employer or his representative commits an act against public morality towards the Worker.
4- If, in the course or an account of the work, the Worker is assaulted by the Employer or his representative or by his
superior.
5- In the presence of a serious threat to the safety or health of the Worker, provided that the Employer is aware of the
existence thereof and fails to implement the prescribed measures in this regard.
Article 42
The Employment Contract shall end in any of the following cases:
1- Expiration of its term or completion of the work agreed upon.
2- Termination of the contract by the Worker or the Employer in accordance with the provisions of this Law.
3- Inability of the Worker to perform his work or his death.
4- Illness of the Worker that necessitates his absence from work for a consecutive or separate period of not less than (3)
three Months during one Year, provided that the period of sick leave stipulated in Article (82) of this Law and his
balance of ordinary leaves has been exhausted.
Article 43
Without prejudice to the provision of Article (40) of this Law, the Employer may terminate the contract on his part after
notifying the Worker in the following cases:
1- Worker attaining old age that entitles him to pension under the Social Protection Law, unless otherwise agreed upon.
2- Termination of service of the non-Omani Worker in implementation of the Omanisation plan in the event of
appointing an Omani Worker to replace him in the same occupation he was filling.
3- Worker's failure to reach the required level of efficiency after notifying him of the areas of inefficiency and granting
him an appropriate time limit of no less than (6) six Months to reach such level. If the Worker fails to do so, the
Employer may terminate the Employment Contract. Where an Omani Worker is terminated, an Omani Worker shall be
appointed to replace him in the same occupation he was filling.
4- Closure of the Establishment in whole or in part, its bankruptcy, the downsizing of its activity or the replacement of
a production system by another such that the size of the workforce is affected. In cases other than total closure or
bankruptcy of the Establishment, the Omani Worker with the same competence and experience as his non-Omani
colleague at the Establishment shall not have his contract terminated.
5- Existence of an Economic Cause at the Establishment.
In both cases set out in Clauses (3) and (4) of this Article, the Employer shall notify the Ministry of the grounds for the
termination of the contract (3) three Months prior to the date of termination.
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Article 44
The Employer may, where an Economic Cause exists, and upon approval of the committee provided for in Article (45) of this
Law, reduce the number of Workers in his Establishment to the extent required to maintain continuity of the Establishment’s
work and avoid risks of bankruptcy.
Article 45
A special committee shall be established by a decision of the Minister to examine the applications filed by private sector
Establishments regarding the reduction of the number of Workers. Said committee shall be headed by the Ministry and shall
include the membership of the following authorities:
1- The Ministry of Commerce, Industry and Investment Promotion.
2- Oman Chamber of Commerce and Industry.
3- The General Federation of Workers of the Sultanate of Oman.
An Employer who has an Economic Cause shall file an application with this committee, accompanied by supporting evidence,
along with indicating the number of Workers whose downsizing is proposed. The committee shall examine the application and
decide to accept or reject it.
The decisions of the committee shall be final unless a grievance is filed thereagainst before the Court of Appeal within (30)
thirty days from the date of notifying the Employer thereof.
If the committee is satisfied that the Establishment has an Economic Cause, it may provide suitable alternatives for the
termination of contracts in agreement with the Employer and the Workers, including the following alternatives:
1- Reducing the number of Working Hours or days at the Establishment against the reduction of wages, provided that
this measure is for a specific period determined by the committee which may be extended for other periods if necessary
by a decision thereof.
2- Granting Workers specific unpaid leaves, provided that this measure is for specified periods and applies to all the
Workers at the Establishment in equal proportions.
3- Reducing the wages of all the Workers at the Establishment by certain percentages, provided that this measure is for
a specific period that may be extended 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 criterion in selecting the Workers whose contracts shall be terminated, such as Workers with the
lowest levels of performance or any other criterion.
2- Serving a notice period of no less than (3) three Months on the Workers whose contracts are to be terminated.
3- The Workers whose contracts shall be terminated shall have priority in re-appointment in the same Establishment
in case of a job opening whose requirements are commensurate with their qualifications.
Article 47
The Worker’s illness shall be established by a medical certificate and the Worker’s disability by a decision of the competent
committees or the institutions licensed by these committees under the applicable laws. His age shall be established by the
justifying document submitted at the time of entering into the contract, and any other document submitted thereafter shall be
disregarded.
Article 48
Without prejudice to the provisions of the Social Protection Law, if the Employer has a supplementary or savings scheme for
Workers, and the regulation of the scheme stipulates that the amount paid by the Employer for the account of the Worker into
the scheme is in return for his legal obligation to pay end-of-service gratuity and such amount is equal to or exceeds the
gratuity payable to the Worker, it shall be paid to the Worker in lieu of the gratuity, otherwise the gratuity shall be payable.
If the Worker pays contributions into such scheme, he shall have the right to combine his entitlements in the scheme and the
end-of-service gratuity.
In any case, prior approval shall be obtained from the Ministry and the Social Protection Fund to establish such schemes
pursuant to the legally prescribed conditions and controls.
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Article 49
The Employer shall be bound by all the obligations of the Establishment in the event of its dissolution, liquidation, closure,
bankruptcy, merger or in the event of sale, lease, assignment, bequest, donation or any other type of disposition. In the event
of the death of the Employer, the heirs shall be bound by the obligations of the Employer to the extent of their shares within
the limits prescribed by the Sharia.
Save in cases of liquidation, bankruptcy and authorised total closure, the Employment Contract shall remain valid, and the
successor shall be jointly liable with the previous Employers for the fulfilment of all the legally prescribed obligations, subject
to the priority prescribed for the Workers’ rights.
Article 50
The Employer shall employ the Omani workforce that worked at the same enterprise which has devolved upon him in whole or
in part, by granting them the same wages, benefits and financial incentives agreed upon in the devolution agreement.
Article 51
The Minister may issue a decision regulating the employment relationship in the cases where the Sultanate of Oman takes
measures regarding a situation or circumstance that so warrants, provided that it includes in particular reducing the Working
Hours, or reducing the minimum employment conditions prescribed in this Law or in the Employment Contract, and the
penalties for violating the decision, or taking precautionary measures.
Chapter 2 - Obligations of Employer
Article 52
The Employer shall create a special file for each Worker that shall include the following data in particular:
1- The Worker's name, age, social status, residence and nationality.
2- The Worker's occupation, qualifications and experience.
3- The date on which the Worker commenced work and the particulars of his wage.
4- The leaves awarded to the Worker.
5- The penalties imposed by the Employer upon the Worker.
6- The work performance reports for the Worker.
7- The date of termination of the Worker’s service and the grounds for the termination.
The Employer shall keep the file provided for in the preceding paragraph for at least one Year from the date of termination of
the employment relationship.
In any case, the Employer shall maintain confidentiality of the information provided by the Worker or perused by the
Employer in accordance with the provisions of this Law, and the Worker shall be given a receipt for the documents and
certificates he deposits with the Employer.
Article 53
The Employer may not breach the terms of the contract or assign the Worker to other than the work agreed upon, unless this is
necessary to prevent the occurrence of an accident, or remedy the consequences thereof, or in case of force majeure, and on a
temporary basis.
However, the Employer may assign the Worker to other than the work agreed upon if such work is not fundamentally different
from the original work, provided that this does not prejudice the rights of the Worker, and that it does not entail serious
damage or financial burdens without fair consideration.
Article 54
An Employer who employs (50) fifty Workers or more shall prepare a regulation of the work system that shall include in
particular the rules regulating the work at the Establishment, the rights and duties of both the Employer and the Worker, the
rules regulating his relationship with his colleagues and superiors, the provisions on the promotion of the Worker and the
determination of the categories of wages, increments and allowances 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 receiving it. If
said period lapses with no reply therefrom, the regulation shall become effective. The Employer shall provide the Worker with
an approved copy of this regulation. The Employer shall amend the regulation in accordance with the laws, regulations and
decisions, and submit it to the Ministry for approval.
The Minister shall issue an indicative model of the work system regulation after consultation with the Joint Dialogue
Committee between the Production Parties.
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In any case, the provisions contained in the model referred to in this Article shall apply to the Establishments that fail to
develop a work system regulation approved by the Ministry.
Article 55
An Employer who employs (25) twenty-five Workers or more shall prepare a list of the penalties and the conditions for their
imposition, using the forms and pursuant to the rules specified by a decision of the Minister. The Employer shall submit this
list and any amendments introduced thereto to the Ministry. The Ministry shall approve the list within (2) two Months from
the date of receiving it. If said period lapses with no reply therefrom, the list shall become effective. The Employer shall enable
the Worker to obtain an approved copy of this list.
In any case, the provisions contained in the forms and the rules referred to in this Article shall apply to the Establishments
that fail to develop a list of penalties approved by the Ministry.
Article 56
The following shall be taken into account when preparing the list of penalties stipulated in Article (55) of this Law:
1- Specifying the acts prohibited to the Worker, and the penalties prescribed for such acts, provided that the penalties
are progressive.
2- Refraining from imposing more than one penalty for a single violation.
3- Refraining from penalizing the Worker for an act he committed outside the workplace, unless it is work-related.
Article 57
The Employer shall provide first aid equipment to his Workers at the Establishment. If he has more than (200) two hundred
Workers in a single place, he shall appoint a qualified nurse to provide medical aid, or shall enter into a contract with a
specialised institution to provide such services.
If the Worker is treated in a government or private hospital and no health insurance coverage is available, the Employer shall
incur the expenses of treatment, medicine and hospital stay, in accordance with the financial rules and regulations in force at
those hospitals.
Article 58
An Employer who carries out work in the areas specified by the Minister shall provide his Workers with appropriate means of
transportation, and he shall provide them with adequate housing, meals and drinking water in places he prepares for this
purpose.
Article 59
The Employer may, when necessary and in agreement with the Worker, transfer the Worker from his original workplace to any
other workplace within the same Establishment, or from his original work to any other work within one of his other
Establishments upon obtaining the relevant licence from the Ministry in this case.
In any case, the Employer shall incur all the costs involved.
Article 60
The Employer shall provide a place for women to rest in the premises of the Establishment that employs more than (25)
twenty-five female Workers.
Article 61
Without prejudice to the provision of Article (48) of this Law, upon termination of the employment relationship of Workers
who do not benefit from the provisions of the Social Protection Law, the Employer shall pay the Worker a gratuity for his
period of service, which shall not be less than one Basic Wage for each Year of service. The Worker shall be entitled to such
gratuity for the fractions of the Year in proportion to the period spent in service. The last Basic Wage of the Worker shall serve
as a basis for calculating the gratuity. The period of service commencing prior to the entry into force of this Law shall be
calculated within the period of service considered when determining the period of the due gratuity.
The provision of this Article shall apply pending entry into force of the savings scheme stipulated in the Social Protection Law.
The Employer may settle the Worker’s rights for the period of his service prior to the entry into force of the savings scheme to
the savings scheme or to the Worker, in which case the settlement on the basis of the Basic Wage shall be calculated on the
date of the settlement.
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Article 62
The Employer shall issue to the Worker, at his request and free of charge, an end-of-service certificate indicating the date of
his joining, the date of leaving the service, the type of work he performed, the wage and gratuity and the other privileges, if
any.
The Employer shall return to the Worker the documents or certificates he has deposited with him, and the Worker shall sign
receipt of his documents and certificates.
Article 63
The Employer may not impose any penalty on the Worker except after notifying him in writing of the violation attributed to
him, hearing his statements, investigating his defence and putting them down in a report prepared for this purpose.
Article 64
The Employer may not hold the Worker accountable for a violation after the lapse of more than (30) thirty days from its
detection. No disciplinary penalty may be imposed on the Worker after the lapse of more than (60) sixty days from the date of
establishing the violation.
Article 65
The Employer may not impose upon an employee a fine exceeding (5) five days' wage in one Month for a single violation, or
impose disciplinary suspension and deprive him of all or part of the wage in respect of a single violation for a period exceeding
(5) five days in one Month.
Article 66
The Employer may investigate the Worker himself or assign one of the Workers at the Establishment to investigate the
Worker, provided that the job level of the investigator is not lower than that of the violating Worker. He may assign the
investigation to another person with expertise in the subject-matter of the violation in case of a serious violation.
The Worker referred for investigation shall have the right to view the investigation procedures and the related documents and
to obtain a copy of these documents.
Chapter 3 - Obligations of Workers
Article 67
The Worker shall comply with the following:
1- Performing the work himself under the direction and supervision of the Employer or his representative, and as
specified in the contract and in accordance with the provisions of this Law and the regulations and decisions issued in
implementation hereof. He shall exercise the care of an ordinary person in the performance of his work.
2- Following the orders of the Employer or his representative in relation to the execution of the work agreed upon,
whenever such orders are not inconsistent with the contract, the law or morality, and following them does not expose
him to danger.
3- Preserving the means of production and work tools placed at his disposal with the diligence and care of an ordinary
person, and taking all necessary measures for their preservation and safety.
4- Refraining from disclosing work secrets.
5- Continuously developing his skills and experience pursuant to the rules and procedures established by the Employer.
6- Refraining from using the work tools outside the workplace except with the Employer's approval, and keeping these
tools in their designated places.
7- Following the instructions on occupational safety and health that are prescribed by the Employer, whether under
this Law or under the regulations and decisions issued in implementation hereof.
8- Refraining from accepting gifts, commissions, rewards, money or others in connection with the performance of his
work without the Employer's approval.
9- Failing to keep for himself the original documents and papers related to work.
10- Failing - in any capacity whatsoever - to engage in an activity similar to that practised by the Employer throughout
the validity of the Employment Contract concluded with him.
11- Treating his co-workers well, showing due respect to them as well as to his superiors and cooperating with them to
the benefit of the Establishment where he works.
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Article 68
If the Worker deliberately causes the loss, damage or destruction of tools, machinery or products that are owned by the
Employer or are in his custody, he shall incur the necessary amount therefor. The Employer may, after conducting an
investigation and notifying the Worker, commence deduction of such amount from the Worker’s Gross monthly Salary,
provided that it does not exceed (25%) twenty-five percent of his wage per Month. The Worker may file a complaint against
the assessment of the Employer with the Competent Authority within (30) thirty days from the date of his knowledge of the
deduction, and the procedures for Labour Dispute Settlement shall be followed in accordance with the provisions of this Law.
Article 69
The parties to the Employment Contract may, where the work performed by the Worker qualifies him to compete with the
Employer through his perusal of work secrets or knowledge of the clients of the Establishment, agree that the Worker may not
compete with the Employer or participate in a work that competes with him after expiration of the contract, subject to
specifying the time, place and type of work, provided that the place does not extend beyond the geographical scope wherein he
exercises his activity and the specified period does not exceed (2) two Years. The Employer may not invoke the agreement if he
terminates the contract without any act from the Worker that so warrants. The Employer may also not invoke the agreement if
he carries out an act that justifies the termination of the contract by the Worker.
The Employer may invoke the right to compensation in the event that the Worker breaches the non-compete clause without
exaggerating in the request for compensation. If it is proven that the Employer has exaggerated in the request for
compensation with the intention of forcing the Worker to stay with him, the agreement between them shall be deemed void.
Title 4 - Working Hours, Leaves and Wages
Chapter 1 - Working Hours
Article 70
The Worker may not be required to work for more than (8) eight actual Working Hours a day, and for a maximum of (40) forty
actual Working Hours per week, provided that they are interspersed with one hour per day for resting and eating which shall
not be included therein. The period of continuous work shall not exceed (6) six hours. The maximum Working Hours during
the month of Ramadan shall be (6) six hours per day, or (30) thirty Working Hours per week, for Muslim Workers.
The Employer shall put in a conspicuous place in his Establishment a schedule of the Working Hours and the daily and weekly
rest times. A decision by the Minister shall set out the cases and works which, for technical reasons and operational
conditions, necessitate the continuation of work without a rest period.
Article 71
The Worker may be required to work Overtime in excess of the Working Hours stipulated in Article (70) of this Law if the work
interest so requires, provided that the total original Working Hours and Overtime do not exceed (12) twelve hours a day for the
Workers. The Employer shall grant the Worker Overtime pay equivalent to his Basic Wage calculated according to the hours of
Overtime, plus no less than (25%) twenty-five percent for daytime Working Hours, and no less than (50%) fifty percent for
Night Working Hours, or he shall grant him permission for absence from work in lieu of his Overtime.
If the Overtime falls on weekly rest days, or on any official holiday, the Employer shall pay the Worker a monetary amount
equivalent to (100%) one hundred percent of the Worker's daily Basic Wage, in addition to the wage for the same day, or he
shall award the Worker compensatory leave in lieu of his days of work, whereas the Worker shall be awarded one day for each
day of work if the work is performed during the weekly rest days and official holidays.
In any case, the Worker shall consent whether or not to perform the Overtime work.
Article 72
Notwithstanding the provisions of Article (71) of this Law, the Employer may assign the Worker Overtime work without
obtaining his consent in any of the following cases:
1- Annual inventory, budgeting, liquidation, closing of accounts and preparation for sale at reduced prices, provided
that the number of days worked by the Worker in excess of the period prescribed for the daily work does not exceed
(15) fifteen days a Year, unless the Competent Authority authorises longer periods.
2- If the work is intended to prevent the occurrence of an accident or to remedy the consequences thereof, or to avoid a
realized loss of perishable materials, or if the operation is intended to face unusual pressure, provided that the
Employer informs the Competent Authority within (24) twenty-four hours of indicating the emergency situation, or the
Overtime, and the time required to complete the work.
In any case, the Worker who works Overtime shall receive Overtime pay equivalent to his Basic Wage calculated according to
the Overtime hours, plus no less than (50%) fifty percent for daytime Working Hours, and (75%) seventy-five percent for Night
Working Hours. If the Overtime falls on weekly rest days or on official holidays, he shall be entitled to a monetary amount
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Working Hours. If the Overtime falls on weekly rest days or on official holidays, he shall be entitled to a monetary amount
equivalent to (200%) two hundred percent of the Basic Wage in addition to the wage for the same day, or to compensation
equivalent to (2) two days of rest for each day of work if the work is performed on official holidays.
Article 73
The Employer may derogate from the provisions of Articles (70) and (71) of this Law in respect of the seasonal works and the
work sectors that are specified and regulated by a decision of the Minister.
Article 74
The Employer shall transfer the Worker who works under the Night Working Hours system to the daytime Working Hours
system if it is proven by a certificate issued by an accredited medical authority that the Worker is unable to perform the work
during the Night Working Hours.
Article 75
The employment of women during Night Working Hours shall be under the conditions, in the works and on the occasions
determined by a decision of the Minister.
Women shall be employed in the hazardous, arduous, harmful or other works which are determined by a decision of the
Minister.
Article 76
A nursing Worker shall be granted (1) one hour per day to care for her child, starting from the end of the maternity leave for a
period of (1) one Year, to be determined by the worker. This hour shall be counted within the actual Working Hours.
Chapter 2 - Leaves
Article 77
The Worker shall be entitled to paid weekly rest of not less than (2) two consecutive days. In any case, the Worker may not be
deprived of his right to weekly rest days due to his absence from work with or without excuse.
The weekly rest may be combined in the works and areas specified by the Minister.
Article 78
The Worker shall be entitled to annual leave for Gross Salary of no less than (30) thirty days, which he shall take according to
the work interest requirements. He may only take his leave after at least (6) six Months from the date of joining the Employer.
The Worker who does not avail himself of his annual leave may keep a leave balance of no more than (30) thirty days, unless
his failure to avail himself of the leave is due to work interest.
The Worker's annual leaves may be combined as agreed upon between the parties. A non-Omani Worker shall be entitled to a
ticket to his country to spend his leave agreed upon in the contract and back to his workplace.
In any case, the Worker may not waive his leave entitlements. However, it shall be permissible, in the works, sectors and
categories that are regulated by a decision of the Minister, to replace the annual leaves with a more favourable work system for
the Worker.
Article 79
The Worker shall be entitled to his Gross Salary during the legally prescribed official holidays.
Article 80
The Employer may, upon the Worker's request, award him a special leave without pay, in which case the Worker shall pay all
contributions to the Social Protection Fund, including his percentage and that of the Employer and the government during the
leave period. This leave shall be considered part of the Worker's service period and such period shall not be counted in the
calculation of the end-of-service gratuity stipulated in Article (61) of this Law.
Article 81
The leave may be divided according to the work interest requirements, with the exception of the leaves of Juvenile Workers.
The Employer may defer the Worker's annual leave if the work interest so requires, for a period not exceeding (6) six Months.
The Worker shall take his 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 did not take, if the Worker agrees
thereto in writing.
The Worker shall be entitled to a Gross Salary for his annual leave balance if his service ends before he exhausts his leaves.
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Article 82
A Worker whose illness is proven shall be entitled to sick leave not exceeding (182) one hundred and eighty-two days per Year,
based on the following percentages of the Gross Salary:
1- From day (1) one until day (21) twenty-one: (100%) one hundred percent of the wage.
2- From day (22) twenty-two until day (35) thirty-five: (75%) seventy-five percent of the wage.
3- From day (36) thirty-six until day (70) seventy: (50%) fifty percent of the wage.
4- From day (71) seventy-one until day (182) one hundred and eighty-two: (35%) thirty-five percent of the wage.
Article 83
A female Worker may, upon her request, be awarded unpaid leave to care for her child for a period not exceeding (1) one Year,
provided that the Worker in this case incurs all contributions to the Social Protection Fund, including her percentage and that
of the Employer and the government throughout the leave period. This leave shall be considered part of the period of service
of the Worker and such period shall not be counted in the calculation of the end-of-service gratuity stipulated in Article (61) of
this Law.
Article 84
The Worker shall be entitled to a special leave with Gross Salary as follows:
1- (7) seven days of paternity leave, provided that the child is born alive and that the leave does not extend beyond day
(98) ninety-eight of the child’s age.
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 a paternal or a maternal uncle or aunt.
5- (10) ten days in the event of the death of the wife or a son or 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- A maximum of (15) fifteen days per Year to sit for an academic exam, for an Omani Worker enrolled at a school,
institute, college or university.
8- (130) one hundred and thirty days for a Muslim female Worker in the event of the death of her husband and (14)
fourteen days for a non-Muslim woman.
9- (15) fifteen days throughout the Year for an 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 a female Worker to cover the pre- and post-delivery period.
A female Worker shall be awarded leave to cover the pre-delivery period upon the recommendation of the competent medical
authority, provided that it does not extend beyond (14) fourteen days. The remainder of this leave shall be awarded as of the
date of birth.
The leaves stipulated in this Article shall be awarded subject to the submission of the relevant proof.
Chapter 3 - Wages
Article 85
The wages and other amounts due to the Worker shall be paid in Omani rials, unless it is agreed to pay them in one of the
currencies legally circulated in the Sultanate of Oman.
Article 86
The burden shall rest on the Employer to prove payment of the wage to the Worker.
Article 87
The Employer shall not be acquitted from the Worker’s wage unless he transfers the wage of the Worker to his account in a
local bank or financial institution licensed by the Central Bank of Oman.
The Minister shall issue a decision regulating the transfer of Wages by Employers and the exceptions in this respect.
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Article 88
The Minister shall issue a decision determining the minimum wages after consultation with the Committee for Joint Dialogue
between the Production Parties and approval thereof by the Council of Ministers.
Article 89
The Minister shall issue a decision determining the minimum periodic increment, the procedures and conditions for
disbursement thereof and the cases of suspension and reduction thereof.
Article 90
Wages shall be paid on a Working Day, subject to the following provisions:
1- Workers who are appointed for a monthly wage shall be paid their wages at least once every Month.
2- If the work is performed for a certain period of time, and it requires more than (2) two weeks, the Worker shall
receive a down payment every week in proportion to the work he has completed, and he shall be paid the remainder of
the wage in full during the week following the completion of the work assigned to him.
In other than the two aforementioned cases, the wage shall be paid to the Worker once every week, and he may get paid once
every (2) two weeks, or every month, if he agrees thereto in writing. In any case, the wage shall be paid within (3) three days
from the end of the period for which it is payable. It shall be permissible, by a decision of the Minister, to determine the date of
disbursement of the Workers' wages prior to the scheduled date on the occasion of national and official holidays.
Article 91
The Employer shall pay the Worker's wage and all amounts due to him immediately upon termination of the employment
relationship, unless the Worker has left work on his own, in which case the Employer shall pay the Worker's wage and all his
entitlements within (7) seven days from the date of his leaving work.
Article 92
Wages, rights and all amounts due to the Worker or to his beneficiaries hereunder shall have priority over the other debts
owed by the Employer, with the exception of the alimony adjudicated by Sharia Courts.
Article 93
The Worker shall not be required to purchase food or commodities from specific stores or from among the Employer’s products.
Article 94
The Employer may not transfer a Worker on a monthly wage to the category of daily Workers or to the category of Workers
appointed on a weekly wage, or on a piece or an hourly basis, except with the Worker’s written consent. If the Worker consents
to his transfer, he shall enjoy all the rights he has acquired during his period of service on a monthly wage in accordance with
the provisions of this Law.
Article 95
The Employer may not deduct from the Worker’s wage payment for funds he may have lent him throughout the validity of the
contract in excess of the amounts agreed upon between the parties, nor may he charge any interest for such loans. The same
provision shall apply to wages paid in advance.
Article 96
The wages due to the Worker may only be withheld or waived within the limits of a quarter of the amount, for alimony debt or
for payment of the amounts he owes to the government or the Employer. In the event of several debts, priority shall be given
to the alimony debt.
If the Worker's service is terminated, the government's entitlements and the Employer’s proven entitlements - if any – shall be
deducted from the end-of-service gratuity, and from any other entitlements.
Article 97
If a shift Worker or a Worker whose wage is determined on an hourly, daily, weekly, half-monthly or monthly basis is absent
from work without permission or without an acceptable excuse, he shall only be entitled to a wage for the hours he has
actually worked.
The hourly wage of a Worker who gets paid on a monthly basis shall be calculated by dividing the Gross Salary by the period
for which he is paid then by the number of the original hours in accordance with the Employment Contract or the law,
whichever is less.
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The hourly wage of a shift Worker in this case shall be calculated by dividing the Gross Salary for the work shift, upon the
assumption that he has worked the whole shift, by the number of the original hours excluding Overtime.
The wage of the Worker may not be deducted for any hour or day of absence from work on account of being summoned in
writing before the court, the public prosecution, the Committee or the Competent Authority. It shall also not be permissible to
deduct from the wage of a member of the trade union for his absence on account of his official summoning in cases related to
the performance of his trade union work, provided that the Employer is notified thereof in advance.
Title 5 - Employment of Juveniles
Article 98
It shall be prohibited to employ Juvenile Workers of both genders or to allow them into the workplace unless they have
attained the age of (15) fifteen years. This age may be raised by a decision of the Minister in some industries, works and
occupations that so require.
Article 99
A Juvenile Worker may not be required to work between 6:00 pm and 6:00 am, nor may he be required to actually work for a
period exceeding (6) six hours per day.
A Juvenile Worker may not be kept in the workplace for more than (7) seven consecutive hours, and the Working Hours shall
be interspersed with one or more periods for resting and eating which shall not be less than an hour in total. Said period(s)
shall be set such that the Worker does not work for more than (4) four consecutive hours.
Article 100
A Juvenile Worker may not be assigned to perform Overtime work, or be kept in the workplace after the prescribed schedules.
He may also not be required to work on weekly rest days or official holidays.
Article 101
If the Employer employs a Juvenile Worker, he shall comply with the following:
1- Verifying the consent of the guardian or trustee regarding his employment.
2- Subjecting the Juvenile Worker to a medical examination to verify his medical fitness to carry out the work, and
repeating the medical examination periodically to ensure his continuous medical fitness, on the dates specified by a
decision of the Minister.
3- Putting in place a juvenile employment system which sets out the Working Hours, the daily rest periods and the
weekly rest dates. The Juvenile Worker shall have the right to obtain a copy thereof during official Working Hours.
4- Preparing a list of the names, ages and dates of employment of the juveniles as they come in.
5- Notifying the Competent Authority of the names of the juveniles prior to their employment and of the persons
assigned 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 system of employment of juveniles, the circumstances and conditions of their employment as well as the works,
occupations and industries they engage in according to the various age levels.
Title 6 - Occupational Health and Safety
Article 103
An Occupational Safety and Health Committee shall be established in the Ministry. A decision shall be issued by the Minister
on its formation and on the determination of its competencies and work system.
Article 104
The Employer or his representative shall inform the Worker prior to his employment of the hazards of his occupation and the
means of protection to be used. He shall take the necessary precautions to protect the Workers on the job from health effects
and occupational and machinery hazards, by:
1- Providing the necessary occupational safety and health conditions at the workplaces or in the tools he delivers to
the Workers to discharge their duties.
2- Ensuring that the workplaces are always clean and that they meet occupational safety and health conditions.
3- Ensuring that the machines, parts and tools are installed and kept in the best safety conditions.
4- Providing the necessary training to familiarise the Workers with the risks associated with their occupations and ways
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4- Providing the necessary training to familiarise the Workers with the risks associated with their occupations and ways
of preventing them.
The Employer may not charge the Worker or deduct from his wage any amount in return for providing such protection.
Article 105
The Worker shall refrain from any act intended to prevent execution of the instructions or to misuse, damage or destroy the
means of protection, safety and health of Workers in the Establishment. He shall use the means of protection and exercise due
care to preserve the equipment and means of work at his disposal, and shall follow the instructions for protecting his safety
and health and preventing injuries.
Article 106
The Occupational Safety and Health Regulation shall be issued by a decision of the Minister, after coordination with the three
production parties (the government, the Employers and the Workers), and the concerned authorities, provided that it includes
the following measures:
1- The general occupational safety and health measures to be applied in all workplaces, such as those related to
lighting, ventilation, air renewal, potable water, toilets, dust and smoke removal, workers’ sleeping quarters and fire
precautions.
2- The special measures for certain types of work.
3- The penalties prescribed in case of violation of the provisions of this Regulation.
Article 107
In the event of a violation of the occupational safety and health provisions, the Competent Authority may serve a written
notice on the Employer to take corrective measures to discontinue 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 shut down the workplace, entirely or partially, or to discontinue using the equipment until the causes of this threat are
eliminated. It shall be permissible when need be to seek assistance from the Royal Oman Police in implementing these
measures.
Title 7 - Trade Unions, General Sectoral Unions and General Federation of Workers
Article 108
Workers may form a trade union among themselves to protect their interests, defend their rights, improve their material and
social conditions and represent them in all matters relating to their affairs.
Article 109
The trade unions shall form a General Federation of Workers to represent them in local, regional and international meetings
and conferences.
Trade unions may form general sectoral unions among them.
Article 110
The trade unions, general sectoral unions and General Federation of Workers shall have an independent legal personality, as of
the date of registration with the Ministry. They shall have the right to exercise their activity in complete freedom without any
interference or influence in their affairs.
The Minister shall issue the decisions regulating the formation, work and registration of the trade unions, general sectoral
unions and General Federation of Workers, and the mechanisms for discharging the trade union member from work to perform
his trade union duties and responsibilities.
Article 111
It shall be prohibited to impose the penalty of dismissal or any other penalty on the Workers’ representatives in the trade
unions, general sectoral unions or General Federation of Workers on account of their exercise of labour union activity in
accordance with this Law and the ministerial regulations and decisions issued in implementation hereof.
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Title 8 - Settlement of Collective Labour Disputes, Strike and Closure
Chapter 1 - Collective Labour Dispute Settlement
Article 112
A Collective Labour Agreement shall be concluded for the term agreed upon by the parties, and it shall be renewable by
agreement between them. Collective bargaining may be conducted at least three (3) Months prior to the expiration of the
agreement, and any of the terms of the agreement may be subject to bargaining throughout its validity at the request of any of
the parties.
Article 113
Both parties to the dispute shall have the right to apply for its settlement with the Committee, in the absence of a Collective
Labour Agreement, or if the Collective Labour Agreement does not include provisions for the settlement of the Collective
Labour Dispute, or if the collective bargaining fails to resolve the dispute.
Article 114
The Collective Labour Agreement shall regulate the terms and conditions of employment at the Establishment or the work
sector. The agreement shall be drafted in Arabic, signed by the representatives of the parties to the collective bargaining and
certified by the Ministry, otherwise it shall be void.
Any term contained in the Collective Labour Agreement that contradicts the provisions of this Law and the regulations and
decisions issued in implementation hereof shall be void, unless such term is more beneficial to the Worker.
Article 115
Without prejudice to the provision of Article (112) of this Law, the Ministry shall review and ratify the Collective Labour
Agreement for the sectors and enter it in the register it prepares for this purpose. The Ministry may object to it in its entirety
or to part of its terms and refuse to register it, provided that its parties are notified of the grounds for rejection within one
Month from the date of its submission thereto. If said period lapses without ratification of the agreement or objection thereto,
this shall be deemed to be an approval thereof by the Ministry which shall be bound to register it.
any case, the Collective Labour Agreement shall only be effective and binding on its parties after its ratification and its entry
in the register prepared by the Ministry for this purpose.
Article 116
Committees shall be established in the Ministry for the settlement of Collective Labour Disputes. A decision shall be issued by
the Minister on their formation and the determination of their competencies and work system, provided that the committee is
formed individually, 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 arises between the Employer or his representative and all his workers or a group thereof, the following
procedures shall be followed:
1- The Workers shall submit a written request to the Employer to settle the dispute, and a copy thereof shall be sent to
the Competent Authority.
2- The Employer shall reply in writing to the Workers’ request within a maximum period of (7) seven days from the
date of receiving the request, provided that a copy of his reply is sent to the Competent Authority.
3- If the period referred to in Clause (2) of this Article lapses without a reply from the Employer, or if it is not possible
to reach a settlement for any reason whatsoever, both or one of the parties, or their representatives, may submit a
request for amicable settlement procedures to the Committee.
Article 118
The request for Collective Labour Dispute settlement submitted to the Committee shall include the following:
1- The names and addresses of the parties concerned in the dispute.
2- A memorandum clarifying the subject-matter of the dispute.
3- The supporting documents of the parties to the dispute.
4- The procedures that were followed to settle the dispute, if any.
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Article 119
The Committee shall resolve the dispute amicably within (15) fifteen days from the date of submission of the request. If an
amicable settlement is reached, the Committee shall establish same in an agreement signed by both parties. If no amicable
settlement could be reached, the Committee shall submit a report to the Competent Authority within (7) seven days from the
date of the failure to reach an amicable settlement. The report shall include a summary of the dispute, the points that were
accepted or rejected by both or one of the parties and the grounds for the rejection
Article 120
If it is not possible to settle the dispute amicably, or if the amicable settlement is not accepted by both or one of the parties,
either of them may submit a request for arbitration procedures to the Competent Authority which shall refer the dispute to the
Collective Labour Dispute Arbitration Committee.
Article 121
A committee known as the “Collective Labour Dispute Arbitration Committee” shall be established in the Ministry. It shall be
formed of the president of one of the circuits of the Courts of Appeal, and the membership of each of the following:
1- An arbitrator on behalf of the Ministry to be selected by the Minister.
2- An arbitrator on behalf of the Employer to be selected by the Chairman of the Oman Chamber of Commerce and
Industry.
3- An arbitrator on behalf of the Workers to be selected by the Chairman of the General Federation of Workers.
The Ministry, the Employer and the General Federation of Workers shall each select a reserve arbitrator to substitute for the
original arbitrator in his absence.
Article 122
The Chairman of the Collective Labour Dispute Arbitration Committee shall schedule a hearing of the dispute which shall not
be held beyond fifteen (15) days from the date of submission of the request for arbitration.
Article 123
The Collective Labour Dispute Arbitration Committee shall decide on the dispute brought before it within a period not
exceeding (1) one Month from initiating hearing thereof.
Article 124
The Collective Labour Dispute Arbitration Committee shall apply the laws, regulations and decisions in force. If there is no
legislative text that is applicable, the arbitration committee shall adjudicate the dispute according to the provisions of Islamic
Sharia, custom or the rules of fairness and equity depending on the prevailing economic and social situation.
A reasoned award shall be issued by a majority. In case of a tie, the Chairman shall have the casting vote. The award shall be
considered final, and it may only be challenged before the Supreme Court.
Article 125
The Collective Labour Dispute Arbitration Committee shall serve a copy of its award on the parties to the dispute by registered
letter, within (3) three days from the date of its issuance. The arbitration committee shall, after notifying the parties to the
dispute, send the file of the dispute to the Competent Authority to keep it therewith throughout the period specified by a
decision of the Minister. Those concerned shall have the right to obtain a copy of the award.
Both parties to the dispute may challenge the award of the arbitration committee before the Supreme Court pursuant to the
conditions, procedures and deadlines stipulated in the Civil and Commercial Procedure Law.
Article 126
The provisions of the Law of Arbitration in Civil and Commercial Disputes and the provisions of the Civil and Commercial
Procedure Law shall apply regarding what is not specifically provided for in respect of arbitration in Collective Labour Disputes.
Chapter 2 - Strike and Closure
Article 127
Workers shall have the right to hold peaceful strikes in the Establishment to improve the terms and conditions of employment,
provided that the announcement of the strike is approved by three quarters of the members of the general assembly of the
trade union in the Establishment.
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Article 128
It shall be prohibited to hold, call for or incite to strike in Establishments that provide public or basic services to the public,
including oil facilities, oil refineries, ports, airports, public transportation and other Establishments specified by a decision of
the Minister.
Article 129
The Workers or their representatives in the Establishment shall notify the Employer and the Competent Authority in writing of
the Workers’ desire to hold a strike at least (3) three weeks prior to the scheduled date. The notification shall state the grounds
for strike and the workers’ demands.
The Committee shall be provided with a copy of said notification to proceed with its procedures for settlement of the
Collective Labour Dispute in accordance with the provisions of this Law.
Article 130
The Workers shall halt the strike upon initiation of the Collective Labour Dispute settlement procedures.
Article 131
The strike referred to in Article (127) of this Law shall entail counting the period thereof as unpaid leave for the Worker.
Article 132
The Employer shall be prohibited from closing the Establishment entirely or partially throughout the stages of amicable
settlement of the dispute, or throughout its adjudication by arbitration.
Article 133
The Employer shall have the right, when need be, to close the Establishment entirely or partially to defend his interests.
The closure shall be discontinued once the parties agree to the initiation of the Collective Labour Dispute settlement
procedures.
Article 134
The Employer shall notify the Workers or the trade union in the Establishment of the closure, and the notification shall
include the grounds for the closure and the expected date of its execution. The closure may not be executed before the lapse of
(3) three weeks from the date of notification.
The Committee shall be provided with a copy of the notification to initiate its procedures for settlement of the Collective
Labour Dispute in accordance with the provisions of the law.
Article 135
The Employer shall be prohibited from closing the Establishment that provides public or basic services, including oil facilities,
oil refineries, ports, airports, public transportation and the other Establishments specified by a decision of the Minister.
Article 136
The days of closure shall be paid Working Days.
Title 9 - Labour Inspection and Joint Dialogue Between the Production Parties
Chapter 1 - Labour Inspection
Article 137
The employees who are specified by a decision of the legally competent authority in agreement with the Minister shall have
law enforcement capacity within the scope of application of the provisions of this Law and the regulations and decisions issued
in implementation hereof. The rules and procedures regulating their work shall be specified by a decision of the Minister, and
they shall have the right to enter the workplaces and check the relevant books, records and documents to ensure the
application of the provisions of this Law and the regulations and decisions issued in implementation hereof.
These employees shall, before proceeding with their work, take an oath before the Minister to discharge their work with
honesty and integrity and to refrain from divulging any work secrets or any information or data they peruse by virtue of their
work, even after the termination of their service.
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Article 138
The Employer or his representative shall provide the employees stipulated in Article (137) of this Law with the necessary
facilities to discharge their duties and all the data or information they request, provided that they are complete and correct, in
relation to the application of the provisions of this Law and the regulations and decisions issued in implementation hereof.
It shall be prohibited for any person to deliberately obstruct or hinder these employees in the discharge of 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 in implementation thereof.
The Ministry may - in coordination with the Competent Authorities - link the violations recorded against Employers in the
register of obligations of those authorities to discontinue their services thereto pending the elimination of those violations.
Chapter 2 - Committee for Joint Dialogue Between the Production Parties
Article 140
A committee known as the “Committee for Joint Dialogue Between the Production Parties” shall be established in the
Ministry. It shall have the following competence:
1- Examining the proposals for regulating the labour market.
2- Promoting and strengthening the employment relationships between the production parties.
3- Examining the developments in Arab and international labour standards to draw thereupon in promoting joint
dialogue to serve the employment relationships between the production parties.
4- Acting in joint cooperation to direct the efforts of the social partners on the labour market to increase production,
enhance competitiveness and achieve balance and harmony between the interests of Workers and Employers, thereby
promoting the national effort to achieve comprehensive and sustainable development.
5- Examining the forms prepared by the Ministry for the work system, penalties and complaints.
Article 141
The Committee for Joint Dialogue Between the Production Parties shall be formed under the chairmanship of the Minister,
provided that its membership includes representatives of the three production parties (the government, the Employers and the
Workers).
The Minister shall issue a decision to form the committee and determine its work system and mechanism of action.
Title 10 - Penalties
Article 142
Without prejudice to any more severe penalty provided for in any other law, the crimes set out in this Law shall be punished by
the penalties provided for herein.
Article 143
Shall be punished by imprisonment for a term of no less than (10) ten days and not exceeding one Month, and a fine not less
than (1,000) one thousand Omani rials and not more than (2,000) two thousand Omani rials, or by either of these penalties:
1- Whoever abets, aids, agrees to or commits any act in violation of the provisions of Article (29) of this Law. In the
case of a non-Omani violator, he shall be deported from the Sultanate of Oman at the expense of the recruiter, and
refused entry thereto. The penalty shall be multiplied by the multiplicity of non-Omani Workers who are employed
without a licence or in violation of the licence. The Employer who has employed them shall incur the expenses of
repatriating them, and the Employer and the recruiter shall be prevented from recruiting non-Omani Workers for a
period not exceeding (2) two Years. The penalty shall be doubled in case the Worker who was employed has entered the
Sultanate of Oman illegally, or he has left his work with the Employer who was licensed to employ him, and it shall be
doubled in case of recurrence of the violation.
2- The Employer or his representative who refuses to provide the necessary facilities, data or information in
accordance with the provisions of this Law, who provides false data or information to the employees or who commits
any act that would deprive the Worker of his right to exercise his trade union activity or hinder the formation of the
trade unions, general sectoral unions or General Federation of Workers.
3- Whoever violates the provisions of Articles (31) and (32) of this Law and the decisions related to the licensing
conditions, in addition to the revocation of the licence, or its suspension for a period of no less than (1) one Year.
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4- Whoever deliberately obstructs or hinders an employee vested with law enforcement capacity from exercising his
powers or discharging any of his appointed or mandated duties. The penalty shall be doubled in case of recurrence of
the violation.
5- A non-Omani Worker who works in the Sultanate of Oman without a licence, or who works for other than the
Employer licensed to employ him, in addition to revoking the licence issued to him, if any, deporting him from the
Sultanate of Oman at the expense of the recruiter and refusing him entry into the Sultanate of Oman.
6 - Whoever violates the provisions of Articles (5), (18), (22), (27), (75), (76), (98), (99) and (100) of this Law.
Article 144
Any Employer who fails to comply with the prescribed Omanisation ratios or the plan to replace non-Omani Workers by
Omanis shall be punished by a fine not less than (500) five hundred Omani rials and not more than (1,000) one thousand
Omani rials, for every Omani required to be appointed or to replace a non-Omani Worker.
The Employer shall achieve the legally prescribed Omanisation ratio within (6) six months from the date of detection of the
violation, and the penalty shall be doubled in case of recurrence of the violation.
Article 145
Shall be punished by imprisonment for a term of no less than (1) one Month and not exceeding (6) six Months, and a fine not
less than (500) five hundred Omani rials and not more than (3,000) three thousand Omani rials, or by either of these penalties:
1 - Whoever violates the provisions of Articles (128), (129), (130), (132), (134) and (135) of this Law.
2- The Worker who obstructs or disrupts the work at the Establishment during the strike period.
Article 146
Any Worker who requests or accepts for himself or for others any consideration whatsoever or who takes a promise to that
purpose without the knowledge and consent of the Employer for performing a work assigned to him, or for refraining
therefrom, shall be punished by imprisonment for a term of no less than (3) three Months and not exceeding (3) three Years,
and a fine not less than (1,000) one thousand Omani rials and not more than (5,000) five thousand Omani rials, or by either of
these penalties.
Article 147
Shall be punished by a fine not less than (500) five hundred Omani rials and not more than (1,000) one thousand Omani rials
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.
In any case, the penalty shall be multiplied by the multiplicity of the Workers subjected to the violation, and the penalty shall
be doubled in case of recurrence of the violation.
Article 148
Whoever violates the provisions of Articles (77), (78), (79), (82), (84) and (90) shall be punished by a fine not less than (100)
one hundred Omani rials and not more than (300) three hundred Omani rials. The penalty shall be doubled in case of
recurrence of the violation.
Article 149
The Minister or whoever he delegates may refrain from proceeding with the case in the crimes punishable hereunder and reach
reconciliation by imposing fines pursuant to the rules and categories specified by a decision of the Minister.
The Minister may deport the Worker who commits an administrative violation from the Sultanate of Oman at the expense of
the recruiter, refuse him entry into the Sultanate of Oman and suspend the Ministry's services to the Employer and the
recruiter.
Article 150
Administrative penalties may be imposed by a decision of the Minister for the violation of the provisions of this Law and the
regulations and decisions issued in implementation hereof.
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