Aram Al-Bahri – Decree Blog https://blog.decree.om Wed, 25 Dec 2024 05:19:21 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://i0.wp.com/blog.decree.om/wp-content/uploads/2021/12/favicon-decree.png?fit=32%2C32&ssl=1 Aram Al-Bahri – Decree Blog https://blog.decree.om 32 32 197035704 TRA Issues Guideline on Environmental Sustainability for the Postal Sector https://blog.decree.om/2024/tra-issues-guideline-on-environmental-sustainability-for-the-postal-sector/ Wed, 25 Dec 2024 04:48:35 +0000 https://blog.decree.om/?p=2611 The Telecommunications Regulatory Authority (TRA) recently published on its website a non-binding Guideline for Enhancing the Contribution of the Postal Sector in Preserving the Environment and Reducing Harmful Emissions.

This guideline is based on the UN Sustainable Development Goals and prescribes a number of actions under different headings that postal companies can adopt to reduce their carbon emissions. For example, under the heading Vehicles and Means of Transport, it is suggested that postal companies should ensure that an annual percentage is set for converting their delivery vehicles to modern and environmentally friendly vehicles.

Even though this guideline is not legally binding, it is highly recommended that postal companies consider them, especially as the guideline states that the TRA will issue—in cooperation with other government entities—directives with implementation targets and timelines.

You can read this guideline in full in English on the link below:

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MOSD’s New Elderly Day Care Centres Regulation https://blog.decree.om/2024/mosds-new-elderly-day-care-centres-regulation/ Mon, 11 Nov 2024 07:25:25 +0000 https://blog.decree.om/?p=2459 The Ministry of Social Development published in this week’s issue of the Official Gazette a new Governance Regulation for Elderly Day Care Centres which provides the legal framework for establishing and operating a day care centre for the elderly.

According to the new regulation, a person wishing to establish a day care centre for the elderly must obtain a licence from the MOSD. Applicants for this licence can be natural persons, companies, or civil associations. Applicants are required to provide a bank guarantee of 3,000 Rial Omani when submitting their applications except for civil associations.

The regulation sets the obligations of the licensee to include preparing internal regulations of the day care centre and appointing a Omani person as the manager of the centre.

You can read this regulation in full in English on the link below:

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EA Issues Amendment to Environmental Permits Regulation https://blog.decree.om/2024/ea-issues-amendments-to-environmental-permits-regulation/ Sun, 18 Aug 2024 10:54:36 +0000 https://blog.decree.om/?p=2301 The Environment Authority (EA) issued in this week’s Official Gazette Decision 187/2024 Amending Some Provisions of the Regulation Governing Environmental Permits, which amends articles 12 and 21 of the regulation. 

Article 12 of the regulation sets out that a financial guarantee must be provided to the authority when applying for an environmental permit for specific projects. As per the amendment, a financial guarantee of 250,000 Rial Omani must now be provided for oil and gas production projects per site.

Article 21 of the regulation sets out certain obligations of the project owner. As per the amendment, project owners are now required to submit an environmental audit study for specific projects. These projects include oil refineries, heavy industries, and oil and gas production, among others.

You can read this amendment in full in English on the link below:

You can also read the consolidated version of the Regulation Governing Environmental Permits on the link below:

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SPF Sets Categories Subject to Maternity Leave Insurance Branch https://blog.decree.om/2024/spf-sets-categories-subject-to-maternity-leave-insurance-branch/ Sun, 30 Jun 2024 12:06:01 +0000 https://blog.decree.om/?p=2083 In accordance with article 127 of the Social Protection Law, the branch of maternity leave insurance applies compulsorily to all Omanis working in Oman, but this article left determining the extent to which it applies to non-Omanis to a decision by the Board of Directors of the Social Protection Fund. Beneficiaries of this insurance branch are entitled to 98 days of paid maternity leave.

This week’s issue of the Official Gazette included a decision by SPF on this matter, and it stipulates that the maternity leave insurance branch applies compulsorily to non-Omanis working in the government as well as those working in private sector establishments to whom the Labour Law applies.

You can read the text in full in English at the link below: 

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Ban of Plastic Shopping Bags https://blog.decree.om/2024/ban-of-plastic-shopping-bags/ Tue, 13 Feb 2024 10:14:47 +0000 https://blog.decree.om/?p=1874 The Environment Authority issued this week Decision 8/2024 Banning the Use of Plastic Shopping Bags as part of the efforts of the government to protect the environment. This decision repeals Decision 23/2020, which previously outright banned all single-use plastic bags.

The newly issued decision provides a more realistic and specific approach to the ban of plastic bags by setting the thickness of banned single-use plastic shopping bags to be less than 50 micrometres. The decision also introduces a time plan for limiting the use of plastic shopping bags across different commercial activities after which the single-use of plastic shopping bags is formally banned. The implementation of this time plan commences on 1 July 2024 for activities such as pharmacies, clinics, and hospitals. The plan aims to achieve an environmentally friendly shopping experience that is free of plastic bags by 1 July 2025.

An administrative fine between 50 Rial Omani and 1,000 Rial Omani will be imposed against those who violate the new decision.

You can read the decision in full in English on the link below:


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Data Protection Officers Under the Data Protection Law and Regulation https://blog.decree.om/2024/data-protection-officers-under-the-data-protection-law-and-regulation/ Sun, 11 Feb 2024 04:26:24 +0000 https://blog.decree.om/?p=1836 The Personal Data Protection Law requires that all controllers identify a personal data protection officer and that the information of this officer is communicated to data subjects prior to processing any of their data. The specific details required for the implementation of this obligation have now been clarified in the Executive Regulation of the Personal Data Protection Law. This blog post will highlight the key elements of this obligation.

First of all, the executive regulation did not provide any exemptions for the requirement to identify a personal data protection officer. This means that all organisations, irrespective of size, industry, the type of data they process, the amount of data they process, or the number of data subjects they interact with, are required to identify a personal data protection officer as long as the law applies to them.

The executive regulation used the same language used by the law, which is the requirement to “identify” a personal data protection officer, and not “appoint”, which we understand to mean that the position of the “personal data protection officer” does not have to be a standalone full-time job, but it can be a role assigned to an existing employee who might or might not be carrying out similar functions (for example, compliance in general) as long as the employee meets the requirements stipulated by executive regulation.

Article 34 of the executive regulation stipulates the requirements for the personal data protection officer, which are that he is qualified to carry out the tasks stipulated in the regulation, that he is familiar with the law and the personal data protection practices of the controller, and that he is of professional competence. There are no requirements for any specific certification or academic or professional past experience.

The actual duties of the personal data protection officer are stipulated in article 35 of the executive regulation, which can be summarised as being responsible for giving advice to the controller, monitoring the implementation of data protection policies, monitoring the implementation of the law and the regulation, and coordinating with the Ministry of Transport, Communications, and Information Technology in matters relating to the processing of personal data.

The controller is required to publish the name and contact details of the personal data protection officer to enable data subjects to contact him.

You can read the Personal Data Protection Law as well as its newly issued executive regulations in full in English on the links below:


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Employer’s Obligations Under the New Executive Regulation of the Social Protection Law https://blog.decree.om/2024/employers-obligations-under-the-new-executive-regulation-of-the-social-protection-law/ Fri, 12 Jan 2024 11:55:07 +0000 https://blog.decree.om/?p=1685 The Social Protection Fund issued less than two weeks ago the Executive Regulation of the Social Protection Law, which provides a number of key clarifications for implementing the Social Protection Law. This regulation covers a variety of social protection aspects that relate to all branches of social protection benefits and social insurance provided by the law. This post will highlight some of the most significant obligations imposed on employers by the regulation.

Employers Must Pay Employee Allowances During Sick, Extraordinary, Maternity, and Paternity Leave

The Social Protection Law guarantees a number of new allowances for employees. For example, article 129 of the Social Protection Law states that female employees are entitled to a maternity leave allowance for 98 days. Article 94 of the executive regulation now makes it clear that it is the employer who would pay the employee such allowances, and the fund will reimburse the employer afterwards. However, the regulation does not provide details regarding the mechanism or the deadlines for receiving such refunds from the Social Protection Fund.

Employers Must Pay Employee Contributions During Sick, Extraordinary, Maternity, and Paternity Leave

The Social Protection Law provides that the contributions of employers and employees continue to be due to the fund during the special leaves provided by the law, and that such contributions will be covered by each social insurance branch. Article 31 of the executive regulation has clarified that this means that it is the duty of the employer to continue to pay both its contributions and the contributions of its employees to the fund, and that the fund will refund or settle such contributions afterwards. Similar to the case of allowances, the regulation does not provide details regarding the mechanism or the deadlines for receiving such refunds from the Social Protection Fund.

Employers Must Register Their Employees Within a Maximum of 30 Days

Article 21 of the executive regulation imposes an obligation on the employer to register all its employees in the branches of social insurance and end their registration upon the end of their service within 30 days of the date of joining or the date of termination. The regulation also provides that the employer has a duty to provide evidence of the registration to the employee.

Employers Must Keep a Register for Each Employee

Article 8 of the executive regulation requires employers to keep a register for each employee that contains details relating to decisions issued by the employer towards the employee, wage changes, attendance reports, and other information specified by the regulation. The executive regulation also requires the employer to inform the fund about any changes in the employee’s status that would affect the value of his financial entitlements within a period not less than 14 days.

Employers Must Register Non-Omanis in the Savings System

Article 97 of the executive regulation requires the employer to register non-Omani employees in the savings system within a maximum of 30 days of their employment. It is worth noting that the savings system has not entered into force until now, and a decision must be issued by the Board of Directors of the Social Protection Fund to determine the date on which it will be effective. This date will not exceed July 2026.

Conclusion

The Executive Regulation of the Social Protection Law and the law itself, are extremely important documents that all employers and employees must be familiar with. You can read the executive regulation in full in English on the link below.


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