Duniya Al-Nabhani – Decree Blog https://blog.decree.om Fri, 23 Jun 2023 12:00:44 +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 Duniya Al-Nabhani – Decree Blog https://blog.decree.om 32 32 197035704 5 Key Insights into Your Employment Contract https://blog.decree.om/2023/5-key-insights-into-your-employment-contract/ Fri, 23 Jun 2023 11:28:39 +0000 https://blog.decree.om/?p=850 Your employment contract is the cornerstone of your relationship with your employer, outlining your rights, responsibilities, and the terms of engagement. In Oman, employment contracts are regulated by the Omani Labour Law, which establishes a legal framework to ensure equitable and transparent employment practices. In this blog, we delve into key aspects of your employment contract, as specified in Part 3 of the Labour Law.

1. Contract Must be in Writing in Arabic

In order to ensure your clarity and understanding of the terms and conditions, article 21 of the Omani Labour Law requires that employment contracts are documented in writing and in Arabic. You should receive two copies of the contract, or if it is in a language other than Arabic, at least one copy in Arabic must be attached. Without a written contract, alternative means of proof may be used, so it’s crucial for you to have a receipt for any deposited papers or certificates. This way, you can protect your rights and ensure a clear understanding of your employment agreement.

2. Must-Have Details

Article 23 of the Labour Law specifies the essential details that must be included in your employment contract. These details typically encompass:

– Your employer’s name, address, and establishment details.

– Your own name, date of birth, qualifications, job or profession, residence, and nationality.

– The nature, type, and duration of your employment contract.

– Your basic wage, allowances, benefits, or gratuities.

– The method and date of your wage payment.

– The notice period for termination, which should meet or exceed the period specified in the law.

– Any other information required by law.

In addition, it is important for you to acknowledge your compliance with work terms, respect for Islam, adherence to the country’s laws and social customs, and your commitment to refrain from engaging in activities that harm national security.

3. Probation Period

Article 24 allows employers to employ workers on probation for a specific duration. The probation period should be clearly stated in your employment contract. During this time, either party may terminate the contract by providing a minimum notice period of seven days.

4. Scope of Responsibilities

Under article 25, employers are prohibited from assigning tasks that were not originally agreed upon, unless necessitated by temporary circumstances. Any additional work should not significantly deviate from your original responsibilities.

5. Employee File

To ensure proper record-keeping, Article 26 requires employers to create a file for each worker. This file should contain relevant information such as your personal details, job qualifications, wage details, leaves taken, penalties, and reasons for the end of service. These records should be maintained for at least one year from the employee’s termination date.

Conclusion

The items highlighted above of the Labour Law provide valuable insights into your employment contract. However, it is essential to familiarise yourself with the complete Omani Labour Law for a comprehensive understanding. By studying the law, you can protect your rights, make informed decisions, and navigate your employment journey confidently. You can read the Labour Law in full in English on the link below.


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MOCIIP Issues Decision Amending of Prohibited Activities for Foreign Investors https://blog.decree.om/2023/mociip-issues-decision-to-change-list-of-prohibited-activities-for-foreign-investors/ Mon, 19 Jun 2023 10:24:55 +0000 https://blog.decree.om/?p=862 The Ministry of Commerce, Industry, and Investment Promotion issued a new decision in this week’s issue of the Official Gazette that changes the list of prohibited activities for foreign investors by removing some activities and adding new ones. For example, the activity of specialised rehabilitation centres is removed, and the activity of marine fishing is added.

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

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The Omani Constitution: Five Things to Know https://blog.decree.om/2023/the-omani-constitution-five-things-to-know/ Thu, 08 Jun 2023 05:20:34 +0000 https://blog.decree.om/?p=788 Being at the top of the hierarchy of laws and regulations in Oman, familiarizing yourself with the Basic Statute of the State, i.e. the constitution, is very critical. This document sets the foundational legal framework that defines the principles, structure, and governance of Oman. Without knowledge of the Basic Statute of the State, no lawyer can reasonably interpret laws effectively, contribute to the legal system, uphold rights and freedoms, or engage in legal discussions. This blog post outlines five key points that everybody needs to know about the Basic Statute of the State.

The Basic Statute of the State has been amended twice.

Sultan Qaboos promulgated the Basic Statute of the State in 1996, and in 2011, following the Arab Spring, he promulgated the first-ever amendment to it primarily to strengthen the powers of the Council of Oman. In 2021, Sultan Haitham promulgated a revised version of the Basic Statute of the State with brand new provisions including establishing the position of the crown prince to ensure a smoother power transition and to reduce uncertainty. The Basic Statute of the State of 2021 also introduced new measures for government accountability, such as evaluating ministerial performance and enhancing financial and administrative oversight.

It outlines the guiding principles of state policy.

The Basic Statute of the State encompasses important principles that guide the political, economic, social, cultural, and security aspects of the country. These principles include preserving independence, sovereignty, and security; promoting cooperation and friendly relations with other nations; establishing a Shura system; fostering a just and free economy; ensuring equality, equal opportunities, and social support for citizens; promoting education and cultural development; and prioritising peace, national defence, and citizen security. 

It defines the parameters of the separation of powers.

The Basic Statute of the State provides a framework for the separation of powers in Oman among the executive, legislative, and judicial branches of the government, whereby the Council of Ministers acts as the executive branch of the government, the Council of Oman which is made up of the elected house (Majlis Al-Shura) and an appointed house (Majlis Oman) play the role of the legislative branch of the government while also holding accountable the executive branch of the government, and the Supreme Judicial Council acting as the judicial branch that is totally independent of both the executive and legislative branches.

It also addresses succession of the title to the throne

Prior to the revised amendment by Sultan Haitham in 2021, the Royal Family Council was responsible for selecting a successor to the Sultan when the throne becomes vacant within a three-day timeframe, and if they fail to reach consensus, the person designated by the Sultan in his secret letter would be appointed as a successor. Under the 2021 amendment, the person entitled to the throne will be appointed as the crown prince through a royal order and the Royal Family Council no longer has a say in who the successor is and there is no secret letter to be opened.

… And it also regulates tax

The Basic Statute of the State stipulates that the imposition, amendment, and abolition of public taxes can only be done through laws, and no one is exempted from paying all taxes or part thereof except in the circumstances prescribed in the law. This can be understood to mean that no individual minister, or even the Council of Ministers, can exempt any person from the payment of any tax.


These are merely some of the key provisions that I found worthy of noting in this blog post, and I highly recommend that everyone reads the Basic Statute of the State in full.


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