Out-of-work expats have protection in Oman

Energy Saturday 07/April/2018 20:33 PM
By: Times News Service
Out-of-work expats have protection in Oman

Muscat: Expats who find themselves out of a job in Oman are protected under the law.
In this series of articles about Oman’s rules and regulations, “Know Oman”, experts will guide our readers through their rights and responsibilities while working and living in the Sultanate.
Speaking exclusively to the Times of Oman on the grave issue, Mohammed Ibrahim Law Firm, a leading legal office in Oman, highlighted the legal rights an employee is entitled to in the country.
“According to Omani labour law, in the case of unfair dismissal, an employee is entitled to ask for reinstatement or compensation,” said a spokesperson of the firm.
To start the process, the case should first be registered online with the Ministry of Manpower (MoM), as the labour court will not accept any case submitted to it directly, the expert added. “Once the case is registered, both parties will be invited to attend a settlement hearing in the relevant directorate at the MoM.”
“In court, the dismissed employee may claim all related rights such as reinstatement with payment of salary from the date of termination or ask for compensation, gratuity (only for non-Omani employees in most cases), compensation equal to the gross wage for the notice period if the dismissal was without notice, basic wage for the balance of the annual leaves if not availed of, a ticket to the employee’s home country unless the sponsorship is transferred to another employer (only for non-Omani employees), an end of service certificate, and any other pending entitlements such as wages and bonus.
“If the court finds that the termination forms unfair dismissal, it may decide either to reinstate the employee or to compensate him.
The compensation should not be less than three months to be calculated according to the last full salary received by the employee,” said the expert.
In the case of losing the claim before the primary court, there is always another chance to prove the case before the appeal court, and thereafter, the Supreme court, the spokesperson added.
“However, if the parties cannot reach any agreement within two weeks, the case should be transferred to the court by the MoM.”
Moreover, the expert added that if the dismissed employee wishes to be reinstated, then he/she should apply to the MoM within 15 days from the date of his/her notification; otherwise, he/she cannot ask for reinstatement but will still be able to ask for compensation and other rights within the span of one year.
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 and intellectual property and many more.