As more Omanis complete their law degrees in the UK and other common law jurisdictions, it becomes important for them to know the key laws that they should familiarise themselves with as they make the shift from academic life to professional life. This post outlines the laws that I have personally found to be extremely important in my journey in learning about the Omani legal system.
Basic Statute of the State
The Basic Statute of the State is the constitution of the country and it outlines its system of governance. It stipulates the key characteristics of the state such as the identity of Oman as an Arab Muslim state, it defines the ruling mechanism and the system of succession, sets the key rights and obligations of the citizens, and determines the functions of the Sultan, the Council of Ministers, the Council of Oman, and the judiciary.
Commercial Companies Law
Anybody doing any kind of commercial law needs to know the Commercial Companies Law (CCL) inside out. This law recognises seven types of companies: general partnership, limited partnership, joint venture, joint stock company, holding company, limited liability company, and one-person company. The law outlines the requirements for forming these kinds of companies, the rights and obligations of shareholders, the roles and responsibilities of company directors, disclosure and reporting requirements, and procedures for mergers and acquisitions. This law also provides a legal framework for insolvency proceedings and company liquidation.
Labour Law
The Omani Labour Law set the terms and conditions of employment in the private sector in the country (it does not apply to those working in the government to which the Civil Service Law applies). The law outlines rules on contracts, working hours, leaves, wages, and termination. It also ensures a minimum wage and provides for overtime pay, it stipulates rules regarding workplace health and safety, and sets out employee rights and obligations. The law also provides mechanisms for dispute resolution between employers and employees using special mechanisms through the Ministry of Labour, and stipulates penalties for violations.
Personal Data Protection Law
Personal data protection is a relatively new topic in Oman as the Personal Data Protection Law (PDPL) came into force only earlier this year. This law aligns the data protection laws of the country with global standards and has its primary principle as the requirement to obtain consent from the data subject for processing their personal data. The law imposes more stringent restrictions on the processing of sensitive data, which requires a special permit from the Ministry of Transport, Communications, and Technology, as well as children’s data, which requires guardian approval. Data subjects have a number of rights under the PDPL such as the right to amend, update, or block personal data; the right to obtain a copy of processed personal data, and the right to transfer personal data to another controller. Non-compliance with the provisions of the PDPL can lead to substantial fines. You can learn more about the PDPL on this post on the Decree Blog.
Law of Arbitration in Civil and Commercial Disputes
The Omani Law of Arbitration in Civil and Commercial Disputes is important for anyone wishing to join the oil, telecom, or banking sectors as arbitration is regularly used as the mechanism for resolving disputes in these industries. The Law of Arbitration gives legitimacy to arbitration in Oman and defines international and commercial arbitration for the purposes of the law. The law sets the requirements for having a valid arbitration agreement, the default provisions for arbitrator selection, and the grounds for challenging or replacing arbitrators. The law also addresses the role of courts in regard to arbitration, outlines default procedures for communication between parties, and provides parties with the flexibility to decide on the governing laws of disputes.
Conclusion
The laws mentioned above are of course merely a starting point for any recent law graduate, and you are expected to be familiar with all the laws relevant to your industry in order to be able to provide your clients with the most optimum advice!
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