Dealing with the establishment is ceased in the following cases:

o  If the establishment does not hold interviews for the candidates through its electronic nomination system for a period of more than one Month.

o  If the establishment does not endorse contracts of those accepted through the electronic nomination system for a period exceeding two weeks.

o  Private establishments which have not achieved the set Omanisation percentages have to submit an Omanisation plan by the end of every year.

o  In case of submitting any application for recruitment of expatriate workers, the establishment will be required to provide another plan for licensing expatriate manpower.

The Ministry, represented by the various labor directorates and departments exert considerable efforts to carry out its tasks and duties, to find appropriate solutions to any disputes which may arise between employers and employees, through cordial means. And in case an amicable settlement is not reached, the dispute is referred to the competent court.

In the field of comprehensive inspection, several field visits were paid to study reports and complaints.

As per the regulation, the recruitment agency is granted a provisional license, according to the following:

o  Submit an application on the endorsed form.

o  The license shall be valid for non-renewable (6) Months.

o  The number of those included in each license must not exceed (5) individuals. The establishment may request a new provisional license upon expiry of the previous provisional one.

o  A non-refundable amount of R.O. (36) must be paid for the provisional license.

o  The domestic worker or the one who falls in such a capacity must reside in the Sultanate for period of (6) Months.

o  Sign an employment contract with the domestic worker, or the one who falls in such a capacity, which shows that the establishment incurs all wages,entitlements and other legal commitments, according to model No (6) attached with the regulation, provided that the contract is endorsed by the concerned directorate, or department and a copy of same is deposited.

o  The fee stipulated in clause (D) must not be imposed on the employer. 

In the legislation field: Article (20) of the labor law stipulates the following: No person may practice foreign workers recruitment activity, without obtaining a license from the Ministry. And the employer is banned from contracting any person to recruit foreign workers, unless he (she) is licensed to do so. Terms of granting the license and the licensee`s rights and duties and required conditions and data included in the contract signed between the employer and the licensed shall be identified by a decision from the Minister. The contract must be written and shall include the type of work and workers` wages categories according to their jobs, or occupations. The licensee shall commit to return the worker to the recruitment authority in case he (she) doesn`t meet the requirements included in the contract. The employer,or licensee may not receive any amounts, from the worker, in lieu of recruiting him (her).

Article (114) of the same law stipulates that Any recruiter of foreign workers, who violates the provisions of article (20) and the decisions regulating the license and its terms, shall be punished by imprisonment for a period not exceeding one Month and a fine of no more than R.O. (200), or by one of the two penalties, in addition to the cancellation of the license, or suspending it for a period not exceeding one year.

Article (17) of ministerial decision No. (1/2011) stipulates the following:

The Ministry has the right to suspend, or cancel the license and incur the licensed establishment all legal consequences and financial commitments, if the establishment violated any of the provisions stipulated in these bylaws and has not responded to the written warning within the specified period.

Article (21) of the same decision stipulates that in case the licensed establishment has not repatriated the worker to his (her) home country, the concerned directorate, or department must repatriate the worker and deduct repatriation expenses and any other due claims from the establishment`s financial security. The licensed establishment has no right to object and must complete the security set according to article (3) of these bylaws, within (30) days from the date it has been notified. Otherwise, the Ministry may suspend, or cancel the license. 

Ministerial decision No. (248/2012) stipulates the formation of a committee comprising representatives from the Ministry and recruitment agencies, to study requests and requirements of the non-Omani workers` recruitment agencies and propose appropriate solutions. Since this decision was issued, the committee held several meetings.

The Ministry follows such cases, but this role is not confined to the Ministry alone, as each authority must bear its responsibility. The Ministry requests employers to provide their workers with proper housing, but following their arrival, some workers leave their housing units and reside in other places. This is a role of the citizen and it depends on his culture and compliance with the systems and laws. The Ministry endeavors to eliminate this phenomenon.

Those concerned at the Ministry also follow up private sector establishments, to ensure that they abide by the occupational health and safety measures, according to the regulation issued by Ministerial decision No.(286/2008).

According to ministerial decision No.(294/2006) on regulation of collective bargaining, peaceful strikes and closure, which was amended by ministerial decision No.(17/2007) the following procedures are followed in settling collective disputes:

o  In case of emergence of a collective labor dispute, it must be settled according to the provisions mentioned in the collective labor agreement.

o  In case of the absence of the collective bargaining agreement, or if it doesn`t include texts relating to the collective labor dispute settlement, or if collective bargaining fails to settle the dispute, the two parties have to request the Ministry to settle it.

o  The collective labor dispute settlement application submitted to the Ministry must include the following:

- Names and addresses of the concerned parties.

- Subject and causes of the dispute.

- Procedures followed to settle it (if any).

o  Upon receiving the collective dispute settlement application, the Ministry initiates negotiation between the dispute parties and provides  consultation.

o  The agreement concluded on the collective labor dispute settlement must be registered and signed by the dispute parties. This agreement shall be binding.

        In case an agreement is not reached to settle the collective labor dispute, it must be referred to the competent court.

The citizens service is terminated electronically, through the employers services available at the Ministry website, as the employer is the one who ends the employees services.

In case any establishment desires to amend the data of its national manpower, in any of the cases mentioned hereinafter, it has to address the Public Authority for Social Insurance (PASI):

o   Amendment of the date on which a worker has joined the establishment.

o   Amendment of the date the worker quitted his (her) job.

o   Amendment of the reason for quitting the job.

o   Deletion of wage data of a worker ( basic salary/ allowances).

o   Cancellation of the insurance of a worker, who is not subject to the labor law ( labor/ PASI).

o   Registering/ terminating a worker retroactively.

Yes, by applying for the Part-Time Studies System.

This system offers more flexibility as the employee can take some time off for hours or days during the official work time in accordance with the timetable set by the CoTs.

Every year, the advertisement for the program registration is published in the gazette and the Ministry of labour website.  This depends on the conditions and standards that suit the colleges' requirements along with the courses available.

Ministerial decision No.(286/2008) on the occupational health and safety regulation at the establishments subject to the Omani labor law, has been issued. Among the topics included in this regulation was the requirements relating to workplaces. Article (16), clause (3) of this regulation stipulates that: (Workers must not be employed at construction sites, or open areas with high temperatures during noon times, from 12:30 to 3:30 pm during the Months of June, July and August every year.

Ministerial decision No.(322/2011) was also issued to amend ministerial decision No.(286/2008), by adding a new paragraph to clause (3) which reads as follows:

"The minister, or the one he authorizes, may exempt from the aforementioned any establishment based on a request from the establishment, which provides necessary public services, according to the following controls:

o  Provide cold drinking water, proportionate to the number of workers.

o  Set up a rest area near the worksite (open areas), which must be closed from the four sides, furnished and air-conditioned and adequate       for the number of workers employed.

o  Provide water for washing and other purposes and ensure that the water tanks used are covered by a layer which helps keep the water           cool.

o  Avail an air-conditioned bus near the worksite.

o  Any other requirements which may be added by the Ministry.

 The amendments of the labor law came in line with the developments in the labor market and based on requests of the two production parties (employers and employees). These amendments included many requests which will have a positive impact on encouraging workers, such as: reducing working hours to (45) hours per week, granting workers a weekly rest for (48) hours, granting them an annual fully paid leave of (30) days and granting the working woman a fully paid maternal leave of (50) days. 

Allowances, vacations and other benefits have approximately become equal, following the recent amendments and the endorsement of new allowances for private sector employees. On the contrary, some of the allowances and benefits enjoyed by private sector employees are not found in the public sector, such as the system of working for two consecutive weeks followed by a rest for two week, besides the annual leave and other vacations.

Why there is no legislation to ensure the worker`s right in case he (she) is right in his (her) complaint, to oblige the establishment to pay all his (her) salaries and allowances?

The Ministry obliges establishments to pay the workers their wages for the period they refer to the Ministry, but regarding the interval, the workers have to directly return to their works and they will not lose any right. As for the complaints about dismissal from work, the Ministry whenever discovers that the dismissal is arbitrary, it orders the establishment to re-employee the worker and oblige it to pay his (her) rights for the duration between the date of dismissal and the date of resuming work at the establishment. With regard to the complaints referred to the court, the Ministry does not interfere as it is a matter relating to the Judiciary.

A committee has been formed to study the establishment of labor courts, as well as drafting a project on the mandatory implementation of settlement minutes. 

The Ministry obliges establishments to pay the workers their wages for the period they refer to the Ministry, but regarding the interval, the workers have to directly return to their works and they will not lose any right. As for the complaints about dismissal from work, the Ministry whenever discovers that the dismissal is arbitrary, it orders the establishment to re-employee the worker and oblige it to pay his (her) rights for the duration between the date of dismissal and the date of resuming work at the establishment. With regard to the complaints referred to the court, the Ministry does not interfere as it is a matter relating to the Judiciary a committee has been formed to study the establishment of labor courts, as well as drafting a project on the mandatory implementation of settlement minutes. 

There directorate general for labor welfare, which has departments all over the Sultanate's governorates is concerned with that. In addition to the labor dispute settlement departments which ensure that matters are taking their correct course in this regard. Whenever the Ministry realizes that the right of any worker is violated, it takes the appropriate measure to deter the violator and this is clear from the many complaints filed by workers, as the Ministry endeavors to settle such disputes and if it doesn`t succeed, it refers them to the judiciary. 

The Omani legislator has guaranteed members of trade unions legal protection to ensure that dismissal penalty, or any other penalty may not be imposed on representatives of workers at trade unions, workers associations, or the general confederation of workers, as a result of practicing their trade union activity. Article (110) repeated of the labor law No.(35/2003) stipulates that: ( The dismissal penalty, or any other penalty may not be imposed on representatives of workers at trade unions, workers` associations and the General Confederation of the Sultanate of Oman`s Workers, as a result of exercising their union activity, in accordance with this law and the implementing ministerial decisions.

And in case the employer, or his representative doesn`t comply with what has been mentioned in the aforesaid article, he (she) shall be punished by the penalty stipulated in article (112) of the labor law which stipulates that: (The employer, or his representative who abstains from providing required facilities, or correct data and information, or comes with any act which may deprive the worker from his (her) right in union activity, or hinders the formation of trade unions, or the  General Confederation of the Sultanate of Oman`s Workers, shall be punished by imprisonment for a period of no more than one Month and a fine not exceeding R.O. (500), or one of the two penalties). 

Unions activity is a voluntary activity which consumes some of the worker`s time, thus the laws of the state reviewed the topic of granting the worker some free time, according to some regulations, in order to protect the interests of trade unions and their members and enable these trade unions to exercise their activities. The Omani legislator has not ignored this topic, as article (33) of ministerial decision No. (59/2010) stipulated that ( A member of a trade union, or a workers' association, or the General Confederation may be granted free time to exercise his (her) union activity, upon consent between the Ministry, the union, the workers` association, the General Confederation and the representatives of employers) provided that an appropriate mechanism is drafted, with the consent of  the Ministry, the union, the workers` association, the General Confederation and the representatives of employers, to control problems which may emerge in the future and to protect the interests of employers, as some of the workers may utilize their membership in the trade union, to work for the union and ignore their jobs with the employer.

Women`s participation began through representative committees, as there were sub-committees of the main representative committee of the Sultanate of Oman`s workers named (The working woman`s committee), which is concerned with women`s affairs. Women took part in several seminars and conferences inside the Sultanate and abroad, reflecting their active role in the nation building process. It goes without saying that the role of the working woman during the past period was remarkable in negotiations relating to collective dispute in sewing and textile factories. This was tangible during the settlement of labor disputes during the past period. The Women have been present in the administrative authorities of trade unions and in the General Confederation of the Sultanate of Oman`s Workers (two members).

There is considerable interaction in this regard, as the numbers are on the increase, though we need more time because the trade union work was recently introduced. 

There are various mechanisms to raise awareness, including field visits, holding of lectures for the two production parties (employees and employers), press articles, radio & TV interviews and office awareness through enquiries, besides coordination between the media department at the Ministry and the General Confederation of the Sultanate of Oman`s Workers.

Yes, the labor law and pertinent ministerial decisions provide such guarantees which include:

o  The penalty of dismissal, or any other penalty may not be imposed on representatives of workers in trade unions, or workers`                associations, or the General Confederation of the Sultanate of Oman`s Workers, due to exercising their trade unions activities,            according to this law and the ministerial decisions implementing it.

o  The member of trade unions, the workers` association, or the General Confederation of the Sultanate of Oman`s Workers may be       granted free time to perform his (her) union tasks, in agreement between the Ministry, the trade union, the workers` association,         the General Confederation of the Sultanate of Oman`s Workers and representatives of workers.

o  The worker who suffers any work injury maintains his (her) membership in the trade union, the workers` association, the General       Confederation of the Sultanate of Oman`s Workers and representatives of workers and is exempted from subscription fees. 

Yes, contact is underway, through field visits, participation in strikes, seminars, meetings and joint awareness programs between private sector employees.   

So far there are no real difficulties, but undoubtedly, the newly introduced trade unions in the Sultanate, require more efforts to clarify the nature of such work. Some of the relative difficulties are that trade unions work is not utilized to the optimum, with the intention of some members to achieve personal gains through trade unions work and ignoring the fact that it is a work aiming at serving workers and increasing productivity.

Trade unions have achieved many advantages at some establishments, which include: improving wages and leaves. The awareness with trade unions has also lead to stability of workers, productivity increase, reduction of problems i.e. the large number of resignations and movement of workers from one establishment to another. It also discouraged workers from resorting to negative means such as strikes, unless in extraordinary cases. Instead they tend to adopt peaceful means such as collective bargaining, social dialogue, reconciliation and mediation.

What makes trade unions and workers` associations active is the enthusiasm of their members and their keenness to exercise voluntary work. Some of the employers are not interested in trade unions works, as they are intimidated by what this situation might bring in the future, but the Ministry encourages and supports such activities, which are meant to improve work conditions and circumstances, increase productivity and consequently lead to stability in labor relations. The labor law and the ministerial decisions relating to trade unions` work have guaranteed the rights of both parties (employers and employees).

Workers have the right of peaceful strike to improve work conditions at the establishment.

Strike controls are as follows:

o  The concerned trade union must notify the employer in writing of the workers` intension to strike, three weeks prior to the date of the strike.

o  The notification must include reasons for the strike and the workers` claims.

o  The Ministry or any of its directorates in the Governorates must be provided with a copy of the notification.

o  The strike, or invitation to strike is banned in establishments rendering public services ( Public, or basic services) related to services activities such as education,health care, electricity, water, telephones, or  the services relating to the civil defense and police such as firefighting, prisons and navigation.

o  The strike duration is considered as leave without pay.

o  The strike must be ceased immediately upon agreement of the parties to embark on settling the collective labor dispute.

Upon being notified of the strike, the Ministry shall form a committee, in agreement with the employees and employer, to lift the strike and settle the dispute between them. In case such an agreement is reached, it must be registered and signed by all parties, to deposit a copy of which at the Ministry. And if an agreement is not reached, the dispute must be referred to the competent court. 

Yes. These controls include the following:

             Firstly: The person who practices an activity, through an establishment must be fully devoted to it, to directly supervise the licensed tasks of the establishment and not to work at any of the State`s administrative apparatus units, or the private sector.

           Secondly: The licensed establishment must repatriate the worker at its own expense and has to return the amounts it received in lieu of recruiting the worker, if any of the following cases occur within (180) days from the date of the employees has commenced work with the employer:

1. The worker`s occupation is other than the one identified in the recruitment license, provided that he (she) is repatriated within (14) days from the date he embarked on the job.

2. If the worker abstains from performing his (her) duties, without justification.

3. If it has been proved that the worker is handicapped, or suffers an infectious, chronic, or mental disease hindering him from performing the agreed job.

Thirdly: The regulation of recruitment of non-Omani employees has been laid down as a model for the contract signed between the licensed establishment and the employer, so the establishments are required to abide by this model. This helped avoid arbitrary conditions which might be imposed by the stronger party, to oblige the weaker party to accept.

Fourthly: The regulation has granted labor inspectors of the Ministry the right to enter work-sites of licensed establishments, check registers relating to recruited workers and ask for required data and obliged employers, or their representatives to offer the inspectors all facilities while they are performing their duties. 

The joint inspection teams were formed based on ministerial decision No. (102/95), to curb the numbers of non-Omani manpower, who work illegally in the country.

A penalty has been intensified as a means to deter violators who employ non-Omani workers who are not permitted to work, according to the license issued by Royal Decree No. (63/2009).

From time to time, the Ministry announces grace periods, exempting expatriate workers who illegally reside in Oman, from fines, provided that they depart the country. 

There are many reasons behind the absconding of expatriate workers, some of them relate to the worker himself, such as:

o  Attempt to improve wage and increase his (her) income. 

o  An expatriate worker who lacks the required level of efficiency for the work he (she) was recruited, may feel embarrassed, thus he             (she) absconds in an attempt to illegally perform a job which suits his (her) capabilities.

o  The expatriate worker may wish to reside and live with some nationals of his (her) country and this motivates him (her) to abscond to       work at place not far from where his (her) country people reside.

o  Expatriate workers incite each other’s to abscond, in order to receive higher wages.

o  The expatriate worker`s desire to set up his (her) own business, without following required legal procedures.

And there are some reasons which relate to employers. These include:

o  Non-compliance by some employers with the dates of delivering the worker`s wage, which prompts him (her) to abscond and work           illegally with other employers.

o  Non-compliance of some employers with the working hours specified by the labor law and forcing workers to work for long hours in         jobs which differ from the ones agreed for.

o  Some employers embrace absconders, harbor and allure them with higher wages.

o  Non-compliance of some employers with the occupations and work agreed for with the expatriate worker.

o  Some establishments evade applying the required Omanization percentages, by encouraging absconding expatriate workers to work           with them without work permits.

• A precise electronic system that tracks, in real-time, the compliance of private sector establishments with wage payments to their respective employees.

• A standardised file format specifically for the wage information of workers across all private sector establishments.

• Electronic linkage that obviates the employer's need to carry or attach paper wage slips.

The name of the SIF comprises the following elements:

- 'SIF' stands for Salary Information File. This is a fixed three-letter acronym used to identify the salary information file and it appears at the start of the name.

- The employer's commercial registration number, which should consist of no more than 17 alphanumeric characters.

- The abbreviated name of the bank, consisting of a maximum of four letters. Establishments can obtain these abbreviations from the bank itself or from the ministry's website.

- The date of file preparation, written in an eight-digit format: four digits for the year, two for the month, and two for the day.

- The serial number of the file, consisting of three digits. These numbers start from 001 and can go up to 999. This helps to identify the specific file relating to the same employer, especially when there are multiple files for the same bank and salary month.

- The file extension, which is 'CSV'.

Each section is separated by an underscore (_).

Example: SIF_1212635_BMCT_20230821_001.csv

Yes, the employee number may be registered instead of the reference number, provided that the same number is not duplicated within a single file. It is worth noting that the reference number is optional and can be left blank.

Is it obligatory to include all registered employees in the establishment in the wage file if the payment type is designated as 'wages,' even for those who have not received payment?

Yes, when the type of payment is categorised as "wages," the file must include all employees registered with the establishment, even those who have not received payment. The rationale for not transferring wages to these individuals should be specified in the 'Notes' field.

• The organisation can transfer an employee's salary for more than one month in a single file, indicating this in the 'Comments' field.

• The organisation also has the option to make salary transfers in multiple files for multiple months; there would be no need to justify the advanced payment in such cases.

- When paying salaries spanning more than one month, a separate file must be generated for each month.

- When there is a variation in the type of payment.

- If the organisation disburses overtime wages at a different time than the standard salaries, a separate file should be created, designating the payment type as 'Overtime Wages'.

According to Article Six of Decision 299/2023, the Ministry will undertake a series of administrative penalties for private sector organisations that violate the stipulated timeline for wage transfers as set out in the Labour Law. The administrative penalties are as follows:

- Issuing a warning to the organisation.

- Suspension of electronic transactions for preliminary work permits (authorisations).

- Imposition of an administrative fine of 50 Omani Rials, which may double in the case of repeated violations.

The Ministry may also refer non-compliant organisations to judicial authorities for further legal action in accordance with the Labour Law.

• An administrative fine of 50 Omani Rials, which doubles in the event of a repeated violation.

• A financial penalty ranging from a minimum of 100 Omani Rials to a maximum of 300 Omani Rials per employee; this amount also doubles for repeat offences.

• If the violation is referred to judicial authorities, the penalties are assessed as per the following articles:

  - Article 147 of the Labour Law imposes a financial penalty ranging from a minimum of 500 Omani Rials to a maximum of 1000 Omani Rials per employee for establishments that fail to transfer wages to the employee's bank account in accordance with Article 87 of the Labour Law. This penalty doubles in the event of a repeat offence.

  - Article 148 imposes a financial penalty of no less than 100 Omani Rials and no more than 300 Omani Rials per employee for establishments that delay the transfer of wages beyond three days from the due date.

• An administrative fine of 50 Omani Rials is also levied, and this fine doubles in cases of repeated violations.

According to Article 5 of Ministerial Decision 299/2023, employers are exempt from the obligation of transferring wages to their employees' bank accounts in the following cases:

1. The presence of an ongoing legal dispute between the employer and the employee resulting in the latter ceasing work.

2. The unexplained abandonment of work by the employee.

3. Newly-hired employees who have not yet completed 30 days from their starting date.

4. Employees on unpaid leave either within or outside the Sultanate of Oman, provided this is duly verified.

You should contact Ministry of Labour to refund one of the payment transactions. .