Tuesday 23 / April / 2024
Muscat: Expats looking to change jobs in Oman must make sure they fulfil all of the conditions related to leaving their company that are listed in their current employment contract.
The advice comes in the wake of the removal of the No Objection Certificate, which was required before 1 January 2021, for non-Omani employees to switch jobs in the country.
“Once you plan on getting a new job, ask all the right questions and read your contract carefully,” said Ola Al Nabhani, a lawyer at local law firm BK Law. “This is because your previous employer may place continuing obligations on you so that you do not compete with them by joining companies or businesses that work in the same field.
“You are also not allowed to divulge any previous knowledge that comes to you from your former employer during the course of your work,” she added, speaking to Times TV. “You don’t even need to justify the grounds for leaving your employer. However, you must make sure your current contract comes to an end.”
Depending on the nature of the contract, there are many ways in which they can be ended, explained Al Nabhani. Before switching from one job to the next, though, there are two things expatriates need to keep in mind.
“The first is that your employment relationship with your current employer is over before pursuing another one, and that your next relationship is approved by the government authorities,” she said.
“Either your contract naturally comes to the end of its term, or it is terminated beforehand. This can happen in multiple ways, depending on the type of contract you have.
“If you have an unlimited contract, and receive a monthly salary, then the employer may, on justifiable grounds, terminate your contract after issuing a 30-day notice,” Al Nabhani added.
“However, if you have an unlimited contract but receive your wage in a different manner, your employer may terminate your contract on justifiable grounds with a 15-day notice.”
Expatriates who wish to voluntarily leave their jobs but are on unlimited contracts can provide a resignation letter, provided they uphold the same notice period as stipulated by their employers.
“On the other hand, if your employment contract is limited, the only way it can be terminated is subject to the terms of the contract,” Al Nabhani went on to say.
“However, please take note that once a limited contract is renewed, it is considered unlimited, even if the employer places a specific term of employment in its renewal.”
The removal of the NOC “enables employers to draft non-standardised contracts,” she said. “What this means is that you’ll have more bargaining power and greater flexibility in negotiating terms that are higher than those prescribed by the law.”
