omans new rules on hiring expats

INTRODUCTION 

Except for domestic servants, the hiring of all individuals in the private sphere is governed by the Labour Law. It regulates employment agreements, salaries, overtime pay, paid time off, working conditions, workplace safety, labour issues, and the hiring of Omani or foreign citizens. An end-of-service benefit is attributable to expatriate employees after one year of service. 

Work contracts are covered under 20 provisions of the Civil Transactions Act. From the creation of the employment agreement to its dissolution, all relevant topics are addressed. However, it should be emphasized that the Civil Transactions Law's rules on employment agreements only apply to matters not covered by the Labour Law. Whilst employers and workers are free to offer more substantial privileges and perks than those mandated by law, the stipulations of the Labour Legislation must be followed. 

Presently, there are 3.3 million people living in Oman, and of that number, ex-pats make up 39 per cent of the inhabitants and 90 per cent of the labour in the private industry. As a result of this, the supervision of foreigners has been expanded, and the Department of Manpower has done so by issuing three important judgments. 

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BEGINNING OF MEASURES TO REGULATE THE EMPLOYMENT  

Under the Employment Legislation, an enterprise is not allowed to hire non-Omani employees unless the individual has secured a permit from the Department of Employment. This provision applies only if the employee has gotten a permit. In addition, Article 18 stipulates that in order for a company to be eligible to apply for a work license for a foreign worker from the Department of Manpower, the firm must first demonstrate compliance with the essential prerequisites: 

1. Proof that no Omani is eligible to fill the post in which the company is requesting a license to work;  
2. Proof that the firm has satisfied with the Omanization proportions established by the Department of Labour; and 
3. Proof that the post in question cannot be filled through an Omani. The payments that were required to be paid have already been fulfilled. 

In spite of the qualifications listed previously, the skilled migrant is not permitted to function in Oman unless they have obtained a labour card, also known as a Civil Status Identity Card. 

Requirements For Obtaining a Labour Card in Oman

1. The ex-pat has the vocational capability, a specialized ability, or a certification that is necessary for the job market in Oman;
2. The migrant has arrived in the nation in a legitimate way and satisfies the criteria that are laid forth in the legislation regarding residency in a different nation (such as having a legitimate identification, visas, and sponsor);
3. The immigrant is in the good physical condition and does not suffer from any infectious or persistent disorders, as specified by the Department of Health; 
4. The foreigner has signed an agreement with an Omani and non-Omani business that has secured the requisite authorization from the Department of Trade and Economy if the employee is asked to operate in the firm, and the worker is required to operate in the business.
5. The payment of the required fee has been completed.

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THE CRUCIAL ROLE OF NEW LABOUR LAW 

Companies have the overall responsibility to provide assistance to appropriate local recruitment agencies in order to promote job possibilities and entice Omani residents into the workplace. The following paragraphs are particularly important in demonstrating why it is important for employers to take such acts: 

Article 11 creates the responsibility that companies must hire Omani employees to the maximum possible number as needed, every firm is set a rule to have a maximum number of Omani employees.  

Each company or firm needs to represent the job and role description to the ministry for approval of vacancy and give detailed information regarding the job role and responsibilities by Article 13. 

CONCLUSION 

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