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Royal Decree No. 53/2023 issuing
the Labor Law
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Eng lish
We, Haitham bin Tariq, Sultan of Oman
After perusal of the Basic Law of the State ,
And the Arbitration Law in Civil and Commercial Disputes promulgated by
Royal Decree No. 47/97 ,
And the Labor Law promulgated by Royal Decree No. 35/2003 ,
And Royal Decree No. 89/2020 establishing the Ministry of Labor, defining
its terms of reference, and approving its organizational structure ,
And the Social Protection Law promulgated by Royal Decree No. 52/2023 ,
After presentation to the Oman Council,
Based on the public interest.
We drew what is coming
Article one
The provisions of the attached Labor Law shall apply.
second subject
The Minister of Labor shall issue the regulations and decisions necessary to
implement the provisions of the attached law, and until they are issued, the
regulations and decisions in force shall continue to be in force, in a manner
that does not conflict with its provisions.
Article three
Those addressed by the provisions of the attached law must reconcile their
situation in accordance with its provisions within (6) six months from the
date of its enforcement.
Article four
The aforementioned labor law shall be repealed, as well as everything that
contravenes the attached law, or contradicts its provisions.
Article five
This Decree shall be published in the Official Gazette, and shall come into
effect from the day following the date of its publication.
Issued
on:
7
Muharram
1445
AH
Corresponding to: 25 July 2023 AD
Haitham bin Tariq,
Sultan of Oman
work law
Part one
definitions and general provisions
Chapter One
Definitions
Article (1)
In applying the provisions of this law, the following words and expressions
shall have the meaning indicated opposite each of them, unless the context
requires another meaning:
1- The Ministry:
Ministry of Labor.
2- The Minister:
Minister of Labour.
3- The competent authority:
The competent general directorate in the ministry’s general office, the
general directorate of labor in the governorate, the labor department or its
branches, as the case may be.
4- The Committee:
Collective labor dispute settlement committees stipulated in Article (116) of
this law.
5- Work License:
The written approval issued by the Ministry to the employer to recruit nonOmani manpower in a specific profession.
6- License to practice work:
The written approval issued by the Ministry for the worker to work in a
specific profession.
7- Omanisation:
The employment system prepared by the Ministry for professions with the
aim of achieving the targeted employment and replacement of Omanis.
8- The facility:
Every project in which the business owner carries out his activity.
9- Employment contract:
Every agreement under which the worker undertakes to work for the
interest of the employer, under his management and supervision in return
for a wage.
10- Employer:
Every natural or legal person who works for one or more workers in return
for a wage.
11- The worker:
Every natural person who works for a wage for an employer, and under his
management and supervision.
12- The event worker:
Each worker is fifteen (15) years old and has not completed (18) eighteen
years.
13- Overtime:
The work that is carried out outside the working hours prescribed in this
law.
14- Remote work:
A work system in which the worker performs his work or duties using
information and communication technology inside the Sultanate of Oman
outside the establishment’s headquarters, whether partially or completely.
15- Working hours:
The time during which the worker is under the employer's management and
supervision.
16- Night working hours:
The period between nine in the evening and five in the morning, 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 work contract, in addition to the periodic bonus.
18- Comprehensive pay:
The basic wage plus all bonuses and allowances that are decided for the
worker in return for his work.
19- Collective Labor Agreement:
An agreement concluded between the employer and the workers or their
representative, regulating the terms, conditions and provisions of work.
20- Collective labor 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 judge the
continuation of each of them in the work relationship.
22- Economic reason:
A financial loss suffered by the business owner for a period of not less than
(2) consecutive years, and the failure to achieve profits or the business
owner to close one of his activities or branches for reasons related to the
ineffectiveness of their continuation is not considered a financial loss.
23- General:
(365) Three hundred and sixty-five days.
24 - the month:
(30) Thirty days.
Chapter Two
General Provisions
Article (2)
The provisions of this law shall apply to all employers and workers, and shall
not apply to those whose work is regulated by special laws or regulations.
It is permissible, by a decision of the Minister, to organize the work of groups
with a special nature of work, provided that the decision includes in
particular the following:
A - Work rules and conditions.
b- Penalties for violators.
C - Exemption from judicial fees in all lawsuits arising from labor disputes
filed by workers or their beneficiaries.
D - Organizing the work of the judicial police officers.
C - Conditions, rules, and fees for work licensing, a license to practice work,
its renewal, and data registration and renewal, after the approval of the
Ministry of Finance and the Council of Ministers.
h- The guarantees required for the employer, whether they are financial or
in-kind, or any other amounts directly or indirectly related to the legal
relationship between the employer and the worker.
Article (3)
Every employer shall provide the worker with the minimum rights
prescribed for the worker under the provisions of this law, and no reduction
may be made in the levels and conditions under which the worker was
employed prior to the entry into force of this law if the worker remains in
the service of the employer after the enforcement of the law.
Article (4)
Every condition or agreement that contravenes the provisions of this law
shall be null and void, even if it was prior to its implementation, unless it is
more beneficial to the worker. Likewise, every release, reconciliation or
waiver of the rights arising from this law shall be null and void if it is in
violation of its provisions, and any better conditions established for the
worker under the laws, regulations and decisions in force on the date this
law comes into effect shall remain in force.
Article (5)
The employer is prohibited from imposing any form of forced or compulsory
labor on 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)
The Arabic language is the language to be used in the regulations, decisions
and circulars issued by the employer to his workers.
And if the employer uses a foreign language in addition to the Arabic
language in any of the aforementioned cases, the Arabic text is the only
approved text.
Article (8)
Every employer who employs (50) fifty workers or more shall establish a
system for complaints and grievances in the establishment after its approval
by the competent authority, provided that it includes the right of the worker
to raise his complaint or grievance to the employer or his representative, and
the employer must enable the worker to obtain an approved copy of this
system.
Article (9)
Claims of labor disputes arising from claiming the rights stipulated in this
law and the work 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 in the Ministry, so that it undertakes
settlement endeavors between its parties in accordance with the provisions
of this law, within a maximum period of (30) thirty days from the date of
submitting the application.
If a settlement takes place between the parties to the dispute before the
competent administrative division in the Ministry, this reconciliation shall
be recorded in a record signed by the parties, the competent employee in the
Ministry, and whoever is delegated from among the judges, and he shall have
the force of the executive document, and the dispute shall end within the
limits of what has been reached, and an official copy of the minutes shall be
given appended to the executive form in accordance with the provisions of
the Civil and Commercial Procedures Law, taking into account the legally
established rules of jurisdiction. In the event of failure of settlement between
the parties to the dispute, the competent administrative division in the
Ministry shall refer the dispute to the competent court within (7) seven days
from the date of the last settlement session, and the referral must be
accompanied by a memorandum that includes the facts of the dispute, the
names of the parties, and their original domicile or the domicile chosen by
each one of them for litigation procedures, and a statement of the worker’s
wages and claims in the case, and attach a copy of the employment contract
and all other arguments and evidence presented by all parties.
The right to claim any of the rights provided for in this law shall lapse after
a year has elapsed from the date of its entitlement. With regard to rights that
arose before the enforcement of this law, the period of one year shall be
calculated from the date of enforcement of its provisions.
Article (10)
A worker who is dismissed from work may submit his complaint to the
competent authority within (30) thirty days from the date of his notification
of the decision, and it shall take the procedures stipulated in Article (9) of
this law.
Article (11)
If it appears to the competent court that the dismissal of the worker from his
work was arbitrary or in violation of the law, it shall rule either to reinstate
the worker to his work, or to oblige the employer to pay the worker a
compensation of no less than three (3) months' wages, and a maximum of
(12) twelve months, calculated on the basis of the last comprehensive wage
he was receiving, taking into account the worker's circumstances and the
period of his service, in addition to:
1- The end of service gratuity due to him by law and all other benefits determined
by the law or the employment contract, whichever is greater.
2- The comprehensive wage for the notice period stipulated by the law or the
work contract, whichever is greater.
3- The insurance contributions prescribed for the period from the date of unfair
dismissal until the issuance of the final judgment.
Article (12)
The employer's termination of the work contract is considered arbitrary
dismissal of the worker if the termination is for any of the following reasons:
1- Gender, origin, colour, language, religion, creed, social status, disability,
pregnancy, childbirth or breastfeeding for a working woman.
2- The worker’s affiliation with a labor union, or his legitimate participation in
any of its activities, or because of his representation in union work, in
accordance with what is decided by the laws, regulations, and decisions
issued in this regard.
3- Submitting a complaint, communication, or filing a lawsuit against the
employer, unless the complaint, communication, or suit is malicious.
4- For disciplinary reasons, without observing the provisions of this law, the work
regulations, and the penalties list in the establishment.
5- The worker’s absence from work due to his detention or detention with the
competent authorities and the expiry of the period of detention or
imprisonment without referral to the competent court or the court declaring
his innocence.
Article (13).
All lawsuits arising from disputes related to the provisions of this law filed
by workers or their beneficiaries shall be exempted from judicial fees.
Article (14)
The employer shall return the non-Omani worker to his country or to any
other country to be agreed upon after the termination of the work contract
within a maximum period of (60) sixty days.
In the event that the worker refuses to travel, the competent authority shall
return the worker at the expense of the Ministry and return to the employer
the costs incurred by the Ministry for this purpose.
The worker has the right to remain in the Sultanate of Oman in the event that
he files a lawsuit to claim his dues until his claim is decided, without the
employer incurring any financial consequences for that.
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 discovered to be medically unfit
for work upon his first arrival to the Sultanate of Oman, or if it is proven that
he forged academic certificates or practical experience, or if he wishes to
return without a legitimate reason, or if he leaves work.
Article (16)
The Minister may regulate the work in a specific work sector or a certain
category of work, whenever the public interest so requires.
Article (17)
The following works shall be regulated by a decision of the Minister:
1- The casual work which by its nature does not fall within the activity practiced
by the employer.
2- Temporary work.
3- Work part time.
4- Working remotely.
The second chapter
is the organization of work
Chapter One
Employing Omanis
Article (18)
Work is a right for Omanis, and it is not permissible for others to practice
work within the Sultanate of Oman except in accordance with the terms and
conditions stipulated in this law and the decisions issued for its
implementation.
Article (19)
The employer or his representative is obligated to record in a special register
in the establishment the data related to Omani workers according to the
form prepared by the Ministry, and to keep this record at the work site, and
to 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, showing their
professions, wages and gender.
2- A statement on the number and type of job vacancies within a year, if any.
3- The annual plan for Omanization and replacement in the establishment.
Article (20)
The Minister shall issue a regulation for the training of Omanis, provided that
the regulation shall include the percentage 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
in the Ministry, specialized in financing programs and policies for
employment, rehabilitation and empowerment of workers in the private
sector. The Council of Ministers shall approve the fund’s system, sources of
funding, and the rules and procedures governing its work, after the Ministry
coordinates with the competent authorities in this regard.
Article (22)
An employer who employs (25) twenty-five workers or more shall
undertake the following procedures:
1- Announcing the occupations, requirements, conditions and selection criteria
specified for their occupation.
2- Commitment to the occupational classification approved by the Ministry in a
way that facilitates procedures for the establishment to achieve Omanization.
3- Determining wages, employment benefits and working conditions.
4- Training Omanis to develop their skills and raise their efficiency.
5- Providing the appropriate work environment and facilities in the workplace.
6- Provide performance appraisal systems.
7- Preparing a plan for appointing and training Omanis to occupy leadership
professions, and following up on its implementation.
8 - Develop practical strategies to retain the Omani workforce.
The Minister may amend the number of workers specified in this Article,
after the approval of the Council of Ministers.
Article (23)
The employer undertakes to employ Omanis in the establishment, and the
percentage of Omanisation in the various economic sectors, activities and
occupations covered by each sector shall be determined by a decision of the
Minister according to the requirements of the circumstances of each sector
or activity and the availability of the necessary Omani manpower, and the
percentage determined for Omanis in the professions in which Omani
manpower is available to work in.
The professions and jobs in which Omanis replace non-Omanis shall be
determined by a decision of the Minister.
The employer shall treat all workers equally if the nature and conditions of
the work are agreed upon.
Article (24)
An employer who employs (40) forty workers or more shall appoint Omani
persons with disabilities who are professionally qualified in jobs that are
appropriate to their conditions, within the limits of the percentage
determined by a decision of the Minister.
The Minister may amend the number prescribed in the previous paragraph
after the approval of the Council of Ministers.
Persons with disabilities who are employed in accordance with the previous
paragraph shall enjoy the same rights as other workers.
Article (25)
The employer or his representative must update electronically the data form
referred to in Article (22) of this law of the occupations that have become
vacant or created for him of any kind, indicating each of them, the
comprehensive wage allocated to them and the date specified for their
employment, within (30) thirty days from the date they become vacant or
created.
The employer must, 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 he took over
the work, the wage specified for him and the type of work. The number and
date of the registration form must be noted in front of the worker’s name in
the register of workers in the establishment who should be classified
according to skill level, occupational groups and other classifications to be
determined by a decision of the Minister.
Article (26)
The competent authority - in order to employ Omanis - undertakes the
following:
1- Obtaining from the business owners a statement of the vacant professions and
the conditions necessary to occupy them.
2- Nominating workers for vacant occupations when they meet the conditions for
their occupation.
3- Providing advice and guidance to job seekers in the areas of training and
vocational guidance to facilitate their employment in vacant professions.
The employer has the right to choose between candidates and others to fill
the vacant professions he has.
The second chapter
regulates the work of non-Omanis
Article (27)
The employer is prohibited from recruiting non-Omani workers unless he
obtains a license to do so from the Ministry. To grant this license, the
following conditions are required:
1- That there is no one among the Omanis who has the academic qualifications,
experience or technical skills necessary for the required professions.
2- That the business owner is committed to the approved Omanisation plan, and
to the prescribed Omanisation percentages.
3- That the non-Omani worker have academic qualifications, practical
experience, technical skills, professional competence, or other professions
needed by the country.
4- Pay the prescribed fees.
Article (28)
It is prohibited for a non-Omani to join any work in the Sultanate of Oman
before obtaining a license to practice work, and the following conditions are
required for granting a license to practice work:
1- To pass the professional standards tests for the practice of professions
determined by the competent authority.
A list of professions that require a certificate to practice the profession shall
be issued by a decision of the Minister.
2 - That the worker has entered the Sultanate of Oman in a legal way, and has
fulfilled the conditions stipulated in the Foreigners’ Residence Law and the
regulations and decisions issued for its implementation.
3- The worker must be fit in terms of health and free from diseases determined
by the Ministry of Health.
4- That the worker has a contract with an employer who has obtained the
necessary licenses from the competent government agencies.
5- Pay the prescribed fees.
Article (29)
The employer is prohibited from the following:
1- To allow any non-Omani worker who is licensed to employ them, and for
whom a license to practice work has been granted, to work for others, except
after notifying the Ministry electronically and authorizing him to do so.
2- To employ any non-Omani worker who is licensed to work for others, except
after providing the Ministry electronically with the worker’s data and his
work address according to the specified form.
A decision by the Minister shall specify the controls for the transfer of nonOmani workers from one job to another, the controls and procedures that
the employer is bound by regarding reporting the non-Omani worker leaving
work, and the obligations and penalties incurred by the worker and the
employer as a result of violating the decision.
3- To employ any non-Omani worker in any profession in which employment has
been decided to be restricted to Omanis.
Article (30)
Determined by a decision of the Minister:
1 - Fees for work licenses, fees for licensing work, its renewal, data registration
and renewal, after the approval of the Ministry of Finance and the approval
of the Council of Ministers.
The license to practice work is renewable for the same period or for any
period determined by the decision.
2- Professions and businesses that non-Omanis are not allowed to practice.
3- Professions and businesses for which work permits are temporarily suspended.
4- The conditions and occupations in which the non-Omani workforce may move
between private sector establishments on a temporary basis.
5- Classification of occupations according to occupational levels.
Article (31)
It is prohibited to engage in the activity of recruiting non-Omani manpower
except after obtaining a license from the Ministry. It is also prohibited to
charge any amounts from the worker who is licensed to be recruited in
exchange for his employment. A decision of the Minister shall determine the
conditions and controls that must be met to engage in the activity of
recruiting non-Omani manpower and the contract concluded between the
employer and the person licensed to practice the activity.
Article (32)
It is prohibited to advertise and promote labor and classify it on the basis of
creed, color or cost, and advertise it in a way that demeans human dignity.
Chapter Three
: The work contract and the obligations of the employer and the
worker
Chapter One
The work contract
Article (33)
The work contract must be established in writing, and written in Arabic in
two copies, for each party a copy. However, the contract may be drawn up in
a language other than Arabic, provided that a copy written in Arabic is
attached to it and approved by both parties to the contract. If there is no
written work contract, the worker may prove his rights by all methods of
proof, and the contract must be approved by the competent authority.
Article (34)
An employment contract may be concluded for a specified period or for an
indefinite period. If its duration is specified, it must not exceed (5) five years,
renewable by agreement of the two parties. In the event of renewal of the
contract, the new period or period shall be considered an extension of the
original period and shall be added to it in calculating the total period of
service of the worker.
Article (35)
An employment contract is considered indefinite in the following cases:
1- If the contract was concluded without specifying its duration.
2- If the contract was concluded for a period of more than (5) five years.
3- If the duration of the original and renewed contract exceeds (5) five years.
4- If the contract was not written, or if it was a written contract with a fixed term,
and its term expired, and despite that, the two parties continued to
implement it without a written agreement between them.
5- If the work contract was concluded for the completion of a specific work and
that took a period of more than (5) five years.
6- If the work 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 work contract concluded for the completion of a specific work expires
and its two parties continue to implement it after the completion of this work
without an explicit agreement to renew it.
Article (36)
In particular, the employment contract must include the following data:
1- The name of the employer, the establishment, and the address of the place of
work.
2- The worker’s name, date of birth, qualification, occupation, place of residence
and nationality.
3- The type of work, its conditions, and the duration of the contract, if it is for a
definite period.
4- The basic wage and any bonuses, allowances, advantages or rewards that the
worker is entitled to under the applicable conditions of service, and the date
of payment of the agreed wage.
5- The appropriate period of notice that must be given to any of the parties to the
contract who wish not to renew it, provided that the notice period granted
by the employer to the worker is not less than one month.
6- Commitment to respect religions and religious beliefs, and the laws, customs
and traditions of the Sultanate of Oman, and not to interfere in activities that
harm the security of the Sultanate of Oman.
Article (37)
The worker’s probationary period, if any, shall be specified in the
employment contract, provided that it does not exceed (3) three months for
those who are paid monthly, and for a period not exceeding (2) two months
for those who are paid otherwise.
The worker may not be placed under probation more than once with the
same employer, and the probationary period, if the worker successfully
passes it, shall be included in his service period.
Either party to the contract may terminate it during the probationary period
if it is proven inappropriate to continue working, after notifying the other
party of (7) seven days at least.
Article (38)
The two parties to the work contract - with regard to the work contract for
an indefinite period - may terminate it at any time subsequent to the
conclusion of the contract based on a legitimate reason by virtue of a
notification addressed to the other party in writing thirty (30) days prior to
the date of termination for workers appointed for a monthly wage, and (15)
fifteen days for others, unless agreed in the contract for a longer period.
If the contract is terminated without observing the notice period, the party
terminating the contract shall pay to the other party equal compensation for
the notice period or the remaining part thereof, calculated on the basis of the
last comprehensive wage that the worker was receiving.
Article (39)
The notice issued by the employer to the worker to terminate the contract if
he is on leave shall only take effect from the day following the end of the
leave.
In all cases, the employer is obligated to allow the worker during the notice
period to be absent from work at the rate of (10) ten paid hours per week to
search for a new job, and the worker must notify the employer that he has
obtained the new job, and after that he must work 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 impersonates an incorrect person, or resorts to forgery to obtain a job.
2- If he commits a mistake that results in a huge material loss for the employer,
provided that the latter informs 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 that must be followed for the
safety of the workers and the workplace, despite being warned in writing,
and violating them would cause serious damage to the workplace or the
workers.
4- If he is absent without an acceptable excuse from his work for more than (7)
seven consecutive days, or (10) ten separate days during one year, provided
that the dismissal is preceded by a written warning from the employer to the
worker after his absence (5) five days in the first case.
5- If he discloses the secrets of the establishment in which he works in a manner
other than what is authorized by law.
6- If he has been finally convicted of a felony or crime involving breach of honor
or trust, or a misdemeanor committed in the workplace or during work.
7- If he is found drunk during working hours, or under the influence of a narcotic
or psychotropic substance, or if he commits an act against public morals.
8- If, during or as a result of 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 work site, which results in illness and unemployment.
9- If the worker seriously breaches his obligation to perform his work agreed upon
in the work contract.
Article (41)
The worker may leave work without adhering to the notice period stipulated
in Article (38) of this law, or before the end of the contract period if it is for a
limited period, while retaining all his rights, including the end-of-service
gratuity, and without prejudice to his right to compensation, after notifying
the employer of that in any of the following cases:
1- If the employer or his representative commits fraud during the contract with
the worker.
2- If the employer does not grant the worker his wages for more than (2)
consecutive months, or does not fulfill his essential obligations in accordance
with the provisions of this law and the work contract.
3- If the employer or his representative commits an act against public morals
towards the worker.
4- If, during or as a result of work, the worker is assaulted by the employer, his
representative, or his boss.
5- If there is a serious danger that threatens the safety or health of the worker,
provided that the employer is aware of the existence of this danger and fails
to implement the prescribed measures in this regard.
Article (42)
The work contract ends 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- The worker's inability to perform his work or his death.
4- The worker fell ill with a disease that necessitated his absence from work for
a continuous or separate period of not less than (3) three months within one
year, provided that the period of sick leave stipulated in Article (82) of this
law and his balance of regular leave has been exhausted.
Article (43)
Without prejudice to the provisions of Article (40) of this law, the employer
may terminate the contract on his part after notifying the worker in the
following cases:
1- The worker reaches the old age that necessitates entitlement to a retirement
pension under the Social Protection Law, unless otherwise agreed.
2- Ending the service of the non-Omani worker in implementation of the
Omanization plan in the event that he appointed an Omani worker to replace
him in the same profession he was occupying.
3- The worker’s failure to reach the required level of competency after notifying
him of the aspects of incompetence and giving him an appropriate period of
no less than (6) six months to reach it. If the worker fails, the employer may
terminate the work contract, and in the event that the one whose services
were terminated was an Omani worker, it is stipulated that an Omani worker
be appointed to replace him in the same profession he was occupying.
4- Closing down the establishment in whole or in part, or bankruptcy, or reducing
the size of its activity, or replacing one production system with another in a
way that affects the size of the workforce, and in the case other than the total
closure or bankruptcy of the establishment, care must be taken not to
terminate the contract of the Omani worker who has the same competence
and experience as the non-Omani who works with him in the establishment.
5- If the facility has an economic reason.
In the two cases stipulated in Clauses (3, 4) of this Article, the employer shall
notify the Ministry of the reason for termination three (3) months prior to
the date of termination of the contract.
Article (44)
The employer may, if the economic reason is available, and after the approval
of the committee stipulated in Article (45) of this law, reduce the number of
workers in his establishment to the extent required to maintain the
continuity of the establishment’s work and avoid bankruptcy risks.
Article (45)
A special committee shall be established by a decision of the Minister to
consider requests submitted by private sector establishments regarding
reducing the number of workers, headed by the Ministry and membership of
the following bodies:
1- The Ministry of Commerce, Industry and Investment Promotion.
2- Amman Chamber of Commerce and Industry.
3- The General Federation of Workers of the Sultanate of Oman.
An employer who has an economic reason must submit an application to this
committee, accompanied by supporting evidence, indicating the number of
workers proposed to be reduced, and the committee shall study the
application and decide on it by acceptance or rejection.
The decisions of the committee shall be final unless a grievance is filed before
the Court of Appeal within thirty (30) days from the date of notifying the
employer thereof.
If the committee is satisfied that the establishment has an economic reason,
it may find suitable alternatives for terminating contracts in agreement with
the employer and workers, including the following alternatives:
1- Reducing the number of working hours or days in the establishment in return
for reducing wages, provided that this procedure is for a specific period
determined by the committee and is extendable by its decision for other
periods if necessary.
2- Granting workers specific unpaid leave, provided that this is for certain periods
and that it includes all workers of the establishment in equal proportions.
3- Reducing the wages of all the workers of the establishment by certain
percentages, provided that this is for a specific period that can be extended if
necessary.
Article (46)
In the event that he obtains approval to reduce the number of his workers,
the employer must comply with the following:
1- Adhering to a fair criterion in selecting the workers whose contracts will be
terminated, such as workers with the lowest levels of performance or any
other criterion.
2- Giving workers whose contracts will be terminated a notice period of no less
than (3) three months.
3 – The workers whose contracts will be terminated shall have priority in reappointment in the same facility in the event that there is a job opportunity
whose requirements are commensurate with their qualifications.
Article (47)
Evidence of the worker’s illness shall be by a medical certificate, and the
worker’s incapacity shall be by a decision of the competent committees or
the institutions licensed by these committees according to the applicable
laws.
Article (48)
Without prejudice to the provisions of the Social Protection Law, if the
employer has a supplementary or savings program for workers, and the
regulations of the program stipulate that what the employer pays in the
program for the account of the worker is in exchange for his legal obligation
to pay the end of service reward and is equal to or more than the reward he
is entitled to, this amount must be paid to the worker instead of the reward,
otherwise the reward is due.
If the worker contributes to the funds of this program, he is entitled to
combine what he is entitled to in the program and the end-of-service
gratuity.
In all cases, prior approval must be obtained from the Ministry and the Social
Protection Fund to establish these programs in accordance with the
conditions and controls prescribed by law.
Article (49)
The business owner is committed to all the obligations of the establishment
in the event of its dissolution, liquidation, closure, bankruptcy, merger with
another, sale, lease, assignment, will, gift or any other type of disposal. In the
event of the death of the business owner, the heirs are bound by the business
owner’s obligations to the extent of their shares within the limits prescribed
by Sharia.
With the exception of cases of liquidation, bankruptcy, and authorized total
closure, the work contract remains valid, and the successor shall be jointly
responsible with the previous employers for the implementation of all
obligations prescribed by law, taking into account the priority established
for the rights of workers.
Article (50)
The employer shall employ the Omani workforce who were working in the
same project that has been devolved to him in whole or in part, by granting
them the same wages, benefits and financial incentives agreed upon in the
transfer agreement.
Article (51)
The Minister may issue a decision regulating the work relationship in cases
where the Sultanate of Oman takes measures regarding a situation or
circumstance that calls for that, provided that it includes in particular the
reduction of working hours, or the reduction of the minimum operating
conditions stipulated in this law or the work contract, and the penalties
resulting from violating the decision, or taking precautionary measures.
Chapter Two
Obligations of the Employer
Article (52)
The employer is obligated to create a special file for each worker that
includes, in particular, the following:
1- The worker's name, age, marital status, place of residence and nationality.
2- The worker's profession, qualifications and experience.
3- The date the worker commenced work and details of his wages.
4- Leaves obtained by the worker.
5- The penalties imposed by the employer on the worker.
6- Work performance reports for the worker.
7- The date of termination of the worker's service and its causes.
The employer shall keep the file stipulated in the previous paragraph for a
period of at least one year from the date of termination of the employment
relationship.
In all cases, the employer must maintain the confidentiality of the
information provided by the worker or seen by the employer in accordance
with the provisions of this law, and the worker shall be given a receipt for
the papers and certificates he may have deposited with the employer.
Article (53)
The employer may not violate the provisions of the contract or assign the
worker to work other than agreed upon, unless necessary to prevent the
occurrence of an accident, or to repair the consequences thereof, or in case
of force majeure, and on a temporary basis.
However, the employer may assign the worker to work that is not agreed
upon if that 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 result in serious harm or financial burdens without a fair
consideration.
Article (54)
In the event that he employs (50) fifty workers or more, he shall prepare a
bylaw for the work system that includes, in particular, the rules for
regulating work in 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 for the promotion of the worker,
determining the categories of wages, allowances and allowances of all kinds,
their payment dates, and the performance evaluation system. The Ministry
shall approve the bylaw within (2) months from the date of its receipt. . The
employer must amend the regulations in accordance with the laws,
regulations and decisions, and submit them to the Ministry for approval.
The Minister shall issue a guiding model of the work system regulation after
consultation with the Joint Dialogue Committee between the production
parties.
In all cases, the provisions contained in the form referred to in this article
shall be applied to establishments that do not adhere to setting a work
system regulation approved by the Ministry.
Article (55)
The employer, if he employs (25) twenty-five workers or more, is obliged to
prepare a list of penalties and the conditions for their imposition, in
accordance with the forms and rules for which a decision is issued by the
Minister.
In all cases, the provisions contained in the forms and rules referred to in
this article shall be applied to establishments that do not adhere to setting a
list of penalties approved by the Ministry.
Article (56)
The following shall be taken into account in preparing the list of penalties
stipulated in Article (55) of this law:
1- Determine the acts that the worker is prohibited from committing, and the
penalties prescribed for them, provided that they are progressive.
2- Not to impose more than one penalty for a single violation.
3- The worker shall not be penalized for an act he committed outside the
workplace, unless it is related to work.
Article (57)
The employer is obligated to provide the means of first aid for his workers
in the establishment, and in the event that the number of his workers in one
place exceeds (200) two hundred workers, he must appoint a qualified nurse
to provide medical aid, or contract with a specialized institution to provide
these services.
If the worker is treated in a government or private hospital and health
insurance coverage is not available, the employer must bear the expenses of
treatment, medicine and hospital stay, in accordance with the financial
regulations and systems in force in those hospitals.
Article (58)
An employer who carries on work in the areas specified by the Minister shall
provide his workers with appropriate means of transportation, and 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 work site to any other work site in the
same establishment, or from his original work to any other work in one of
his other establishments after being authorized to do so by the Ministry in
this case.
In all cases, the employer shall bear all the costs incurred.
Article (60)
The employer must provide a place for women to rest in the premises of the
establishment in which the number of female workers exceeds (25) twentyfive female workers.
Article (61)
Without prejudice to the provisions of Article (48) of this law, the employer
must, at the end of the work relationship of workers who do not benefit from
the provisions of the Social Protection Law, pay the worker a reward for his
period of service, not less than a basic wage for each year of his service. The
period of service that began prior to the entry into force of this law shall be
counted within the period of service considered in determining the period of
the due reward.
The provision of this article applies until the saving system stipulated in the
Social Protection Law comes into force, and the employer may settle the
worker’s rights for the period of his service before the start of the saving
system to the saving system or to the worker, provided that the settlement
is calculated with the basic wage in this case on the settlement date.
Article (62)
The employer is obligated to hand over to the worker, at his request and free
of charge, an end-of-service certificate indicating the date of his entry into
the service, the date of his exit from it, the type of work he was performing,
the wage and other rewards and other privileges, if any.
The employer shall return to the worker whatever papers or certificates he
may have deposited with him, and the worker shall sign on receiving his
papers and certificates.
Article (63)
The employer may not impose any penalty on the worker except after
notifying him in writing of what has been attributed to him, hearing his
statements, investigating his defense, and recording them in writing in a
report prepared for this purpose.
Article (64)
The employer may not hold the worker accountable for a violation more than
(30) thirty days have elapsed since its detection, nor may a disciplinary
penalty be imposed on the worker more than (60) sixty days after the date
the violation was proven.
Article (65)
The employer may not impose a fine on the worker for a single violation, the
value of which exceeds the wage of (5) five days in one month, or to suspend
him disciplinaryly from work while depriving him of all or part of the wage
for 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 in the establishment to investigate the worker, provided that the
job level of the investigator is not less than that of the violating worker, and
he may assign the investigation to another person with expertise in the
matter of the violation if the violation is serious.
The worker referred to the investigation shall have the right to review the
investigation procedures and related documents and to obtain a copy of
these documents.
Chapter Three
Obligations of the Worker
Article (67)
The worker is obligated to the following:
1- Performing the work himself according to the direction and supervision of the
employer or his representative, and in accordance with what is specified in
the contract and in accordance with the provisions of this law and the
regulations and decisions issued for its implementation, and to exercise in
performing it the same care as an ordinary person.
2- Execute the orders of the employer or his representative related to the
implementation of the work agreed upon, if there is nothing in these orders
that violates the contract, the law or morals, and there is nothing in their
implementation that exposes 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
procedures for their preservation and safety.
4- Preserving work secrets.
5- Work continuously to develop his skills and experience in accordance with the
systems and procedures set by the employer.
6- Not using work tools outside the workplace without the approval of the
employer, and keeping these tools in the places designated for that.
7- Execute the occupational safety and health instructions prescribed by the
employer, whether by virtue of this law or the regulations and decisions
issued for its implementation.
8- Refrain from accepting gifts, commissions, bonuses, money or other things on
the occasion of performing his work without the approval of the employer.
9- Not keeping for himself the original documents and papers related to the work.
10- His failure - in any capacity - to engage in an activity similar to the activity
practiced by the employer during the validity of the work contract concluded
with him.
11- To treat his co-workers well, show the due respect for them and his superiors,
and cooperate with them in a way that achieves the interest of the
establishment in which he works.
Article (68)
If the worker deliberately causes the loss, damage or destruction of tools,
machinery or products owned by the employer or in his custody, he shall
bear the necessary amount for that, and the employer shall, after conducting
the investigation and notifying the worker, begin deducting this amount
from the worker’s monthly gross wage, provided that it does not exceed
(25%) twenty-five percent of his wage per month. according to the
provisions of this law.
Article (69)
It is permissible for the two parties to the work contract in cases where the
work done by the worker qualifies him to compete with the employer
through his knowledge of work secrets or acquaintance with the clients of
the establishment. They agree that the worker may not compete with the
employer or participate in a work that competes with him after the end of
the contract, provided that the time, place and type of work are determined,
provided that the place does not exceed the geographical area in which he
exercises his activity and the specified period does not exceed (2) two years.
If he justifies the worker's termination of the contract.
The employer may uphold the right to compensation in the event that the
worker breaches the competition condition without exaggerating in the
request for compensation.
Chapter Four
Working Hours, Vacations and Wages
Chapter One
Working Hours
Article (70)
The worker may not work for more than (8) eight actual working hours per
day, with a maximum of (40) forty actual working hours per week provided
that they are interspersed, not including an hour for rest per day and eating,
and the period of continuous work may not exceed (6) six hours, and the
maximum working hours in the month of Ramadan are (6) six hours per day,
or (30) thirty working hours per week, for Muslim workers.
The employer shall place in a conspicuous place in his establishment a
schedule of working hours and daily and weekly rest times. A decision of the
Minister shall specify the cases and works in which, for technical reasons and
operating conditions, work must continue without a rest period.
Article (71)
The worker may work additional hours more than the working hours
stipulated in Article (70) of this law if the interest of the work so requires,
provided that the total of the original and additional working hours does not
exceed twelve (12) hours per day for the workers, and the employer must
give the worker an additional wage equivalent to his basic wage calculated
according to the additional working hours, plus (25%) twenty-five percent
at least for daytime working hours, and at least (50%) fifty percent for night
working hours, or give him permission to pay He was absent from work in
lieu of the hours in which he did overtime.
And if the overtime work is on weekly rest days, or any official holiday, then
the employer must pay the worker a cash amount equivalent to (100%) one
hundred percent of the worker’s daily basic wage, in addition to the wage for
the same day, or grant the worker compensatory leave instead of the days
during which he worked so that he is granted one day for each working day
if the work is during the weekly rest days and official holidays.
In all cases, the worker must agree to perform the overtime work or not.
Article (72)
As an exception to the provisions of Article (71) of this law, the employer
may assign the worker additional work without obtaining his consent in any
of the following cases:
1- Annual inventory work, budget preparation, liquidation, account closing, and
preparation for selling at reduced prices, provided that the number of days
the worker works for more than the prescribed period for daily work does
not exceed (15) fifteen days a year, unless the competent authority permits
longer periods.
2- If the work is to prevent the occurrence of an accident or repair what resulted
from it, or to avoid an imminent 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 a
statement of the emergency situation, or additional operation, and the
period required to complete the work.
In all cases, the worker, when employed, shall receive an additional wage
equal to his basic wage calculated according to the additional working hours,
in addition to at least (50%) fifty percent for the daytime working hours, and
(75%) seventy-five percent for the night working hours. at official.
Article (73)
The employer may not comply with the provisions of Articles (70 and 71) of
this law with regard to seasonal work and work sectors that are determined
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 proved 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)
Employment of women shall take place during the night working hours in
the cases, works and occasions to be determined by a decision of the
Minister.
Employment of women in hazardous, arduous or harmful work, or other
work to be determined by a decision of the Minister.
Article (76)
A nursing worker shall be granted (1) hour per day to take care of her child,
starting after the end of maternity leave for a period of (1) one year, and it
shall be determined by the worker, and this hour shall be counted among the
actual working hours.
Chapter Two
Vacations
Article (77)
The worker shall be entitled to a paid weekly rest of not less than (2) two
consecutive days. In all cases, the worker shall not be deprived of his right to
weekly rest days due to his absence from work with or without excuse.
In the works and areas specified by the Minister, the weekly rest may be
combined.
Article (78)
The worker is entitled to an annual leave with comprehensive pay of not less
than (30) thirty days, which he enjoys according to the requirements of the
work interest, and he may not take the leave before the expiry of at least (6)
six months from the date of joining the work with the employer, and the
worker who did not benefit from his annual leave is entitled to keep the
balance of the leave not exceeding (30) thirty days, unless his failure to
benefit from the leave is due to the interest of the work.
The worker's annual leaves may be combined according to the agreement
between the two parties, and the non-Omani worker is entitled to a return
air ticket to his country to spend his leave agreed upon in the contract and
back to his workplace.
In all cases, the worker may not waive his leave, but it is permissible in the
works, sectors and categories that are regulated by a decision of the Minister,
to replace the annual leave with a more favorable work system for the
worker.
Article (79)
The worker is entitled to his comprehensive wage during the legally
prescribed official holidays.
Article (80)
The employer may grant the worker, upon his request, a special leave
without pay, provided that the worker in this case bears all contributions to
the Social Protection Fund, including his percentage, the percentage of the
employer, and the government during the leave period.
Article (81)
The leave may be divided according to the requirements of the work interest,
with the exception of leaves for juvenile workers.
The employer may postpone the worker's annual leave if the work interest
so requires, and for a period not exceeding (6) six months.
The worker must take leave at least once every (2) years, and 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 in writing to that.
The worker is entitled to the comprehensive wage for his annual leave
balance if his service ends before he exhausts it.
Article (82)
A worker whose illness is established shall be entitled to a sick leave not
exceeding (182) one hundred and eighty-two days per year, based on the
following percentages of the comprehensive wage:
1- From the first (1) day until the twenty-first (21) day: (100%) one hundred
percent of the wage.
2- From the twenty-second (22) to the thirty-fifth (35): (75%) seventy-five percent
of the wage.
3- From the thirty-sixth (36) day until the seventieth (70th) day: (50%) fifty
percent of the wage.
4- From the seventy-first (71) day until the one hundred and eighty-second day
(182): (35%) thirty-five percent of the wage.
Article (83)
The worker may be granted, upon her request, unpaid leave to care for her
child for a period not exceeding (1) years, provided that the worker in this
case bears all contributions to the Social Protection Fund including her
percentage, the percentage of the employer and the government during the
leave period.
Article (84)
The worker is entitled to special leave with comprehensive pay as follows:
1- (7) seven days of paternity leave, provided that the child is born alive and that
the leave does not exceed (98) ninety-eighth days 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 an uncle, aunt, uncle or aunt.
5- (10) ten days in the event of the death of the wife or one of the sons or
daughters.
6- (15) fifteen days to perform the Hajj to the Sacred House of God once
throughout the period of his service, provided that the worker has spent a
continuous period of (1) year in the service of the employer.
7- To take a study exam for a maximum of (15) fifteen days a year, for the Omani
worker enrolled in studies in one of the schools, institutes, colleges or
universities.
8- (130) one hundred and thirty days for a Muslim 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 the Omani worker to accompany a
patient with whom he has a marital relationship or a relationship up to the
second degree.
10- (98) ninety-eight days maternity leave for the worker to cover the pre- and
post-delivery period.
The worker shall be granted leave to cover the prenatal period upon the
recommendation of the competent medical authority, provided that its
period does not exceed (14) fourteen days, and the remainder of this leave
period shall be granted from the date of birth.
In order to grant the licenses stipulated in this article, evidence must be
submitted.
Chapter III
wages
Article (85)
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 onus of proof of payment of wages to the worker rests with the
employer.
Article (87)
The employer shall not be discharged from the worker’s wages unless he
transfers the worker’s wages 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 cases of exception.
Article (88)
A decision shall be issued to determine the minimum wage by the Minister
after consultation with the Joint Dialogue Committee between the
production parties and its approval by the Council of Ministers.
Article (89)
The Minister shall issue a decision specifying the minimum periodic bonus,
the procedures and conditions for its disbursement, and the cases of
suspension and reduction thereof.
Article (90)
Wages are paid on one of the working days, subject to the following
provisions:
1- Workers who are paid a monthly wage are paid their wages at least once a
month.
2- If the work is for a period of time, and the work requires a period of more than
(2) two weeks, the worker must receive every week a payment on account
commensurate with the work he has completed, and the remainder of the
wage shall be paid to him in full during the week following the completion of
the work assigned to him.
In other than the two previous cases, the wage is paid to the worker once
every week, provided that it may be paid to him once every (2) fortnight, or
every month, if he agrees in writing to that.
Article (91)
The employer is obligated to pay the worker's wages and all amounts due to
him immediately upon the termination of the work relationship, unless the
worker left the work on his own, in which case the employer must pay the
worker's wages and all his dues within (7) seven days from the date of
leaving the work.
Article (92)
Wages, entitlements, and all sums due to the worker or to those who are
entitled on his behalf under the provisions of this law shall have priority over
all other debts owed by the employer, with the exception of legally
adjudicated alimony.
Article (93)
The worker may not be obligated to buy food or commodities from specific
stores or from what the employer produces.
Article (94)
It is not permissible for the employer to transfer a worker with a monthly
wage to the category of daily workers or to the category of workers
employed with a weekly wage, or by piece, or by the hour, except with the
written consent of the worker, and in the event of approval of his transfer,
the worker shall have all the rights that he acquired during the period he
spent with the monthly wage in accordance with the provisions of this law.
Article (95)
The employer may not deduct from the wages of the worker in fulfillment of
the money he may have lent to him during the validity of the contract more
than what was agreed upon between the two parties, nor may he charge any
interest for these loans, and the same provision shall apply to the wages paid
in advance.
Article (96)
It is not permissible to withhold or assign the wages due to the worker
except within the limits of a quarter, and that is due to a legitimate
maintenance debt or to pay the amounts owed by him to the government or
the employer. In the event of crowding, priority is given to the legal
maintenance debt.
If the worker's service ends, the government's dues and the dues proven to
the employer - if any - are deducted from the end-of-service gratuity, and
from any other entitlements.
Article (97)
The right of the shift worker or the worker whose wage is determined on the
basis of the hour, day, week, half of the month or month, and who is absent
from work without permission or an acceptable excuse, shall be limited to
obtaining wages for the hours in which he actually worked.
The hourly wage for the worker whose wage is determined on the basis of
the month is calculated by dividing the comprehensive wage by the period
for which the wage is granted and then by the number of original hours
according to the employment contract or according to the law, whichever is
less.
The hourly wage for the shift worker in this case is calculated on the basis of
dividing the gross wage for the work cycle, assuming that he works in it in
full, by the number of original hours without the additional hours.
It is not permissible to deduct from the worker’s wages for any hour or day
in which he is absent from work because he was summoned in writing to
appear before the court, the public prosecution, the committee, or from the
competent authority, nor may he be deducted from the wages of a labor
union member for absence due to his official summons in cases related to the
exercise of his union work, provided that the employer informs him of that
in advance.
Chapter V
Operation of events
Article (98)
It is prohibited to employ a juvenile worker of both sexes or allow him to
enter the workplace unless he reaches the age of (15) fifteen years of age. It
is permissible, by a decision of the Minister, to raise this age in some
industries, businesses and professions that require this.
Article (99)
A juvenile worker may not be employed between six o'clock in the evening
and six o'clock in the morning, nor may he be employed in actual work for a
period exceeding (6) six hours per day.
It is not permissible to keep a minor worker in the workplace for more than
(7) seven consecutive hours, and the working hours must include one or
more periods for rest and eating, the total of which shall not be less than an
hour, and this period or periods shall be determined so that the worker does
not work for more than (4) four consecutive hours.
Article (100)
The minor worker may not be required to work additional hours, or be kept
in the workplace after the prescribed hours, nor may he be employed during
the weekly rest days or official holidays.
Article (101)
In the event that he employs a juvenile worker, the employer shall comply
with the following:
1- Verify the consent of the guardian or guardian regarding his employment.
2- Carrying out a medical examination for the juvenile worker to verify his health
fitness to work, with repeating the medical examination periodically to verify
the continuity of his health fitness, on the dates specified by a decision of the
Minister.
3- To have a system for the employment of juveniles in which the working hours,
daily rest periods, and weekly rest times are clarified, and the juvenile
worker has the right to obtain a copy of it during official work.
4- He should write a list of the juveniles' names, their age and the date of their
employment.
5- Informing the competent authority of the names of juveniles prior to their
employment and the persons assigned to monitor their work.
Article (102)
Without prejudice to the provisions of Articles (98, 99, 100, 101) of this law,
a decision by the Minister shall determine the system for the employment of
juveniles, the circumstances and circumstances in which employment takes
place, and the businesses, professions and industries in which they work
according to the different stages of age.
Chapter Six
Occupational Safety and Health
Article (103)
An Occupational Safety and Health Committee shall be established in the
Ministry, and a decision of the Minister shall be issued to form it, define its
terms of reference and work system.
Article (104)
The employer or his representative shall inform the worker before hiring
him of the dangers of his profession, the precautions he must take, and take
the necessary precautions to protect workers during work from health
damage and the dangers of work and machinery, by:
1- He works to provide the necessary occupational safety and health conditions
in the workplace or the means he provides to the workers so that they can
carry out their duties.
2- Ensures that workplaces are always clean and comply with occupational safety
and health conditions.
3- Ensure that the machines, parts and tools are installed and kept in the best
safety conditions.
4- Provide the necessary training to familiarize workers with the risks associated
with their professions and how to prevent them.
The employer may not charge the worker or deduct any amount from his
wages in return for providing this protection.
Article (105)
The worker shall refrain from any action intended to prevent the
implementation of the instructions, misuse, damage, or damage to the means
established for the protection, safety and health of workers in the
establishment, and he shall use the means of prevention and exercise the
necessary care to preserve the equipment and means of work in his
possession, and implement the instructions set to preserve his safety and
health and prevent him from injuries.
Article (106)
By a decision of the Minister, the Occupational Safety and Health Regulations
shall be issued after coordination with the three production parties (the
government, business owners, and workers) and the concerned authorities,
provided that it includes the following measures:
1- The general occupational safety and health measures that must be applied in
all workplaces, such as those related to lighting, ventilation, air renewal,
potable water, toilets, dust and smoke removal, workers’ sleeping areas, and
precautions taken against fire.
2- Special measures for some types of work.
3- The penalties prescribed in case of violation of the provisions of these
regulations.
Article (107)
In the event of a violation of the provisions of occupational safety and health,
the competent authority may send a written notice to the employer to take
corrective measures to stop the violation within the period specified in the
notice. In the event of an imminent danger threatening the safety and health
of workers, the Ministry must take the necessary measures to close the
workplace, in whole or in part, or stop the use of equipment until the reasons
leading to this danger are gone. Assistance may be requested from the Royal
Oman Police, if necessary, to implement these measures.
Chapter VII:
Labor unions, sectoral general unions, and the General Federation of
Workers
Article (108)
Workers may form among themselves a trade union with the aim of
protecting their interests, defending their rights, improving their material
and social conditions, and representing them in all matters related to their
affairs.
Article (109)
Trade unions shall form a general federation of workers to represent them
in local, regional and international meetings and conferences.
Trade unions may form sectoral general unions among themselves.
Article (110)
Trade unions, sectoral general unions, and the General Confederation of
Workers shall enjoy an independent legal personality, as of the date of
registration with the Ministry, and they shall have the right to exercise their
activities freely without interfering in their affairs or influencing them.
The Minister shall issue the decisions regulating the formation, operation
and registration of trade unions, sectoral general unions and the General
Federation of Workers, and the mechanisms for discharging the union
member from work to perform his trade union duties and responsibilities.
Article (111)
It is prohibited to apply the dismissal penalty or any other penalty to
workers’ representatives in trade unions, sectoral general unions, or the
General Federation of Workers because of their exercise of their labor union
activity in accordance with this law and the ministerial regulations and
decisions issued for its implementation.
Chapter Eight
Settlement of collective labor disputes, strikes and closures
Chapter One
Settlement of collective labor disputes
Article (112)
The collective labor agreement shall be concluded for the period agreed
upon by the parties, and it shall be renewable by agreement between them.
Collective negotiation may be conducted at least three (3) months prior to
the expiry of the agreement. Any of the terms of the agreement may be
negotiated during its validity period at the request of any of the parties.
Article (113)
Both parties to the dispute have the right to submit a request to the
committee to settle it, in the event that there is no collective labor agreement,
or the collective labor agreement does not include provisions for settling the
collective labor dispute, or collective bargaining fails to resolve the dispute.
Article (114)
The collective labor agreement regulates the terms and conditions of work
in the establishment or the work sector. The agreement must be written in
Arabic and signed by the representatives of the two parties to the collective
bargaining and certified by the Ministry, otherwise it is null and void.
Also, every condition contained in the collective labor agreement that
contravenes the provisions of this law and the regulations and decisions
issued for its implementation shall be null and void, unless this condition is
more beneficial to the worker.
Article (115)
Without prejudice to the provisions of Article (112) of this law, the Ministry
shall review, ratify and register the collective labor agreement for the sectors
in the register it prepares for this purpose, and it may object to it in full or to
part of its provisions and refuse its registration, provided that its parties are
notified of the reasons for rejection within a month from the date of its
submission to it.
In all cases, the collective labor agreement shall not be effective and binding
on its parties except after its ratification and registration in the register
prepared by the Ministry for this purpose.
Article (116)
Committees for the settlement of collective labor disputes shall be
established in the Ministry, and a decision shall be issued for their formation
and determination of their terms of reference and work system by a decision
of the Minister, provided that the formation of the committee is individual,
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)
In the event of a dispute between the employer or his representative and all
his workers or a group of them, the following procedures must be followed:
1- That the workers submit a written request to the employer to settle the dispute,
and send a copy of it to the competent authority.
2- The employer responds 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 response is sent to the competent authority.
3- If the period referred to in Clause (2) of this Article lapses without a response
from the employer, or if settlement is not possible for any reason
whatsoever, the two parties, or one of them, or their representative, may
submit a request to the committee to take amicable settlement procedures.
Article (118)
The collective labor dispute settlement application submitted to the
Committee must include the following:
1- The names and addresses of the parties involved in the dispute.
2- A memorandum explaining the subject matter of the dispute.
3- Documents supporting the parties to the dispute.
4- The procedures followed to settle the dispute, if any.
Article (119)
The committee shall resolve the dispute amicably within (15) fifteen days
from the date of submitting the application. If the settlement is amicable, the
committee shall prove that in an agreement signed by the two parties. In the
event that the dispute cannot be settled amicably, the committee shall
submit within (7) seven days from the date of failure of the amicable
settlement a report to the competent authority that includes a summary of
the dispute, what was accepted or rejected by the two parties, or one of them,
and the reasons for rejection.
Article (120)
If it is not possible to settle the dispute amicably, or if the parties or one of
them does not accept the amicable settlement, either of them may apply to
the competent authority to take arbitration procedures that refer the dispute
to the Collective Labor Disputes Arbitration Committee.
Article (121)
A committee called the “Collective Labor Disputes Arbitration Committee”
shall be established in the Ministry.
1- An arbitrator on behalf of the Ministry to be chosen 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 chosen by the President of the
General Federation of Workers.
The Ministry, the employer and the General Federation of Workers shall
choose a substitute arbitrator to replace the original arbitrator in his
absence.
Article (122)
The Chairman of the Collective Labor Disputes Arbitration Committee shall
set a session to consider the dispute, the date of which shall not exceed (15)
fifteen days from the date of submission of the arbitration request.
Article (123)
The Collective Labor Disputes Arbitration Committee shall decide on the
dispute submitted to it within a period not exceeding (1) months from the
start of its consideration.
Article (124)
The Arbitration Committee for Collective Labor Disputes applies the
applicable laws, regulations and decisions. If there is no legislative text that
can be applied, the Arbitration Committee decides the dispute in accordance
with the provisions of Islamic Sharia, custom, or the rules of justice and
fairness in accordance with the prevailing economic and social situation.
A reasoned judgment is issued by the majority of opinions, and if the votes
are equal, the side of the president will prevail, and the judgment is
considered final, and it may not be challenged except before the Supreme
Court.
Article (125)
The Collective Labor Disputes Arbitration Committee shall notify the parties
to the dispute with a copy of its award by registered letter, within (3) three
days from the date of its issuance. The arbitration committee shall send the
dispute file after notifying the two parties to the competent authority for
safekeeping within the period specified by a decision of the Minister, and
those concerned shall have the right to obtain a copy of the award.
Each of the parties to the dispute may challenge the ruling of the arbitration
committee before the Supreme Court in accordance with the conditions,
procedures and deadlines stipulated in the Civil and Commercial Procedures
Law.
Article (126)
The provisions of the Arbitration Law in Civil and Commercial Disputes and
the provisions of the Civil and Commercial Procedures Law shall be applied
- in matters not specifically provided for in the matter of arbitration in
collective labor disputes.
Chapter Two
Strike and Lockdown
Article (127)
Workers have the right to peacefully strike from work in the establishment
to improve working conditions and conditions, 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.
Article (128)
It is prohibited to carry out a strike, call for it, or incite it in establishments
that provide public or basic services to the public, including oil facilities,
petroleum refineries, ports, airports, public transportation, and other
establishments specified by a decision of the Minister.
Article (129)
The workers or their representative in the establishment shall notify the
employer and the competent authority in writing of the workers’ desire to
strike at least three (3) weeks prior to the date specified for it. The
notification shall indicate the reasons for the strike and the workers’
demands.
The committee must be provided with a copy of this notification in order to
proceed with its procedures for settling the collective labor dispute in
accordance with the provisions of this law.
Article (130)
Workers must stop striking at the commencement of the collective labor
dispute settlement procedure.
Article (131)
The strike stipulated in Article (127) of this law entails calculating its period
of leave for the worker without pay.
Article (132)
It is prohibited for the employer to close the establishment in whole or in
part during the stages of amicable settlement of the dispute, or during its
settlement by arbitration.
Article (133)
The business owner has the right, when necessary, to close down the
establishment in whole or in part to defend his interests.
The closure shall cease as soon as the parties agree to commence collective
labor dispute settlement procedures.
Article (134)
The employer must notify the workers or the labor union in the
establishment of the closure, and the notification must include the reason for
the closure and the date it is intended to be implemented. The closure may
not be implemented before the lapse of (3) three weeks from the date of
notification.
A copy of the notification must be provided to the committee in order to
proceed with its procedures for settling the collective labor dispute in
accordance with the provisions of the law.
Article (135)
The employer is prohibited from closing the facility that provides public or
basic services, including oil installations, petroleum refineries, ports,
airports, public transportation and other establishments specified by a
decision of the Minister.
Article (136)
Closing days are working days with pay.
Chapter Nine
: Inspection of work and joint dialogue between production parties
Chapter One
Labor Inspection
Article (137)
The employees - whom a decision is issued by the legally competent
authority in agreement with the Minister - shall have the capacity of the
judicial police within the scope of applying the provisions of this law and the
regulations and decisions issued for its implementation, and the rules and
procedures regulating their work shall be determined by a decision from the
Minister.
Before commencing work, these employees shall take an oath before the
Minister to perform their work with honesty and sincerity and not to
disclose any work secrets or any information or data that they came to know
by virtue of their work, even after the termination of their service.
Article (138)
The employer or his representative shall provide the employees stipulated
in Article (137) of this law with the necessary facilities to carry out their duties
and all the data or information they request, provided that they are complete
and correct, with regard to the application of the provisions of this law and
the regulations and decisions issued for its implementation.
It is prohibited for any person to deliberately obstruct or impede these
employees from carrying out their work.
Article (139)
The Minister shall issue a decision specifying the procedures and controls
under which violators of the provisions of the Labor Law shall be dealt with,
and the decisions issued for its implementation.
The Ministry may - in coordination with the competent authorities - link the
violations recorded against employers in the register of obligations of those
authorities and to suspend its services from them until the disappearance of
these violations.
Chapter Two:
The Joint Dialogue Committee between the production parties
Article (140)
A committee called the “Committee for Joint Dialogue between Production
Parties” shall be established in the Ministry, with the following competence:
1- Studying proposals that would regulate the labor market.
2 - Promoting and strengthening work relations between production parties.
3 - Studying developments in Arab and international labor standards to benefit
from them in promoting joint dialogue in a way that serves labor relations
between production parties.
4- Joint cooperation to direct the efforts of the social partners in the labor market
in order to increase production, enhance competitiveness, and achieve
balance and harmony between the interests of workers and business owners
in a way that enhances the national effort to achieve comprehensive and
sustainable development.
5- Studying the forms prepared by the Ministry for the work system, penalties
and complaints.
Article (141)
A committee for joint dialogue between the production parties shall be
formed under the chairmanship of the minister, provided that it includes in
its membership representatives of the three production parties (the
government, business owners, and workers).
The Minister shall issue a decision to form the committee and specify the
system and mechanism of its work.
Chapter Ten
Penalties
Article (142)
Without prejudice to any harsher penalty stipulated in any other law, the
crimes described in this law shall be punished with the penalties stipulated
therein.
Article (143)
The following shall be punished by imprisonment for a period no less than
(10) ten days and not exceeding a month, and a fine no less than (1,000) one
thousand Rial Omani and not exceeding (2,000) two thousand Rial Omani, or
one of these two punishments:
1- Anyone who incites, assists, agrees or commits any act in violation of the
provisions of Article (29) of this law, and if the perpetrator of the violation is
a non-Omani, he shall be deported from the Sultanate of Oman at the expense
of the employer, and denied entry to it, and the penalty shall multiply
according to the number of non-Omani workers who were employed
without a license or in violation of the license, and the employer who
employed them shall be obligated to pay the expenses of returning them to
their countries while depriving the employer and the employer from
recruiting non-Omani workers for a period not exceeding ( 2) Two years, and
the penalty is doubled if the worker who was employed entered the
Sultanate of Oman illegally, or left his work with the employer who
authorized him to employ him, and the penalty is doubled when the violation
is repeated.
2 - The employer or his representative who refuses to provide the necessary
facilities, data or information in accordance with the provisions of this law or
provides false data or information to employees, or takes any action that
would deprive the worker of his right to practice his union activity or
obstruct the formation of labor unions or sectoral general unions or the
general federation of workers.
3- Anyone who violates the provisions of Articles (31) and (32) of this law and
the decisions related to the license conditions, in addition to revoking the
license, or suspending it for a period of no less than (1) year.
4- Any person who intentionally obstructs or obstructs any of the employees
authorized to have the capacity of judicial officers from exercising his powers
or performing any duty authorized or imposed upon him. The penalty shall
be doubled when the violation is repeated.
5- A non-Omani worker who works in the Sultanate of Oman without a license,
or who works for an employer other than the employer authorized to employ
him, in addition to canceling the license issued to him, if any, and deporting
him from the Sultanate of Oman at the expense of the employer, and
depriving him of entering the Sultanate of Oman.
6 - Anyone who violates the provisions of Articles (5, 18, 22, 27, 75, 76, 98, 99,
100) of this law.
Article (144)
Any business owner who does not adhere to the prescribed percentages of
Omanization or the plan to replace non-Omani workers with Omanis shall be
punished by a fine of no less than (500) five hundred Rial Omani and not
exceeding (1,000) one thousand Rial Omani, for each Omani required to be
appointed or replaced.
The employer must achieve the percentage of Omanisation legally
determined within (6) six months from the date of discovery of the violation,
and the penalty shall be doubled when the violation is repeated.
Article (145)
Whoever:
1- Violates the provisions of Articles (128, 129, 130, 132, 134, 135) of this law.
2- The worker who obstructs or disrupts work in the establishment during the
strike period.
Article (146)
Every worker who requests or accepts for himself or for others any
consideration, or takes a promise without the knowledge and consent of the
employer to perform one of the tasks assigned to him, or to abstain from it,
shall be punished by imprisonment for a period no less than (3) three
months and not exceeding (3) three years, and a fine no less than (1,000) one
thousand Rial Omani and not exceeding (5,000) five thousand Rial Omani, or
one of these two punishments.
Article (147)
Whoever violates the provisions of Articles (3, 6, 8, 14, 19, 24, 25, 36, 39, 49,
50, 52, 53, 54, 55, 57, 58, 59, 60, 61, 62, 63, 64, 65, 70, 74, 8) shall be punished
with a fine of no less than (500) five hundred Rial Omani and not exceeding
(1,000) one thousand Rial Omani. 7, 91, 93, 94, 95, 101, 104, 111, 117) of this
law.
In all cases, the penalty multiplies according to the number of workers
against whom the violation occurred, and the penalty is doubled when the
violation is repeated.
Article (148)
Whoever violates the provisions of Articles (77, 78, 79, 82, 84, and 90) shall
be punished with a fine of no less than (100) one hundred Rial Omani and
not exceeding (300) three hundred Rial Omani. The penalty shall be multiplied
by the number of workers in whose respect the violation occurred, and the
penalty shall be doubled when the violation is repeated.
Article (149)
The Minister or whoever he delegates may not proceed with the lawsuit
procedures in the crimes punishable in this law and settle financial fines in
accordance with the rules and categories for which a decision is issued by
the Minister.
The Minister may deport the administratively violating worker from the
Sultanate of Oman at the expense of the employer, deny him entry to the
Sultanate of Oman, and suspend the Ministry's services for the employer and
the employer.
Article (150)
By a decision of the Minister, administrative penalties may be imposed for
violating the provisions of this law and the regulations and decisions issued
for its implementation.
Posted inJuly 25, 2023CategoriesRoyal Decree