All you want to know about serving notice period when quitting job in Oman

Energy Monday 01/October/2018 20:54 PM
By: Times News Service
All you want to know about serving notice period when quitting job in Oman

Muscat: Both nationals and residents of the country receiving their monthly salary from the private sector must serve a notice period of 30 days prior to the termination of their employment, according to the law.
However, employees working on a weekly basis are bound to serve a period of 15 days before their exit from the company.
In a series of articles about Oman’s rules and regulations, entitled “Know Oman”, experts guide readers on their rights and responsibilities while working and living in Oman.
Speaking exclusively to the Times of Oman, representatives of Mohammed Ibrahim Law Firm, a leading legal office in Oman, explained the provisions regarding the notice period for employees working in the private sector who are employed for unlimited duration contracts.
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“According to article 37 of the Omani Labour Law, either of the parties may dissolve the contract after giving a written notice to the other party 30 days prior to the termination date. This duration is applicable to employees hired on a monthly basis; however, those workers getting their salary on a weekly basis will only be asked to serve a notice period of 15 days, unless a longer period is agreed upon in the contract,” said Dr. Mohammed Ibrahim Al Zadjali, Chairman of Mohammed Ibrahim Law firm.
“Moreover, the employer has the legal right to request his/her employee(s) to serve a longer notice period, for example two or three months instead of one. This condition must be negotiated and agreed by both parties in advance and incorporated in the employment contract,” Al Zadjali said.
He added that the law does not define any upper limit over which a notice period may be agreed upon.
You may wonder if the notice period could be waived off in Oman.
“Yes, the notice period can be waived off by both employer(s) and employee(s),” said another spokesperson of the law firm.
“As stated further in the same article 37, if the contract is terminated without observation of the notice period, the party who terminates the contract will be obliged to pay to the other party compensation equal to the gross wage for the notice period or remaining part thereof,” the spokesperson added.
He explained that in practice, if the employer terminates the employee(s) without requiring him/her to work during the notice period, the employee(s) is still entitled to receive the salary for this duration.
“However, in a situation where the employee(s) resigns and wants to waive off the notice period, he/she will not be entitled to receive any salary for this period as compensation to the employer,”
he said.
The official added that it is to be noted that the notice period for employees with limited duration contracts is regulated by the Temporary Employment Law.
Mohammed Ibrahim Law Firm ([email protected]) was established 11 years ago and is serving clients through its offices in Muscat and Sohar, as well as operating on a request basis in other areas, such as Duqm.
It offers legal representation across a wide range of practice areas that include labour law, corporate, commercial, contracts, banking and finance, international trade, foreign investment, insurance, maritime law, construction and engineering contracts, international arbitration, intellectual property and more.