Earlier this week, the Ministry of Labour issued in the Official Gazette Ministerial Decision 617/2024 regarding the System of Complaints and Grievances, which is a brand new system under the Labour Law in Oman that applies to any company in Oman that has 50 employees or more. The system requires the company to have a system in place for allowing employees to challenge any decision made against them by submitting a complaint to their line manager, who must respond to this complaint within 2 working days. If the employee does not receive a response from his line manager, or if the response he receives is a rejection of this complaint, the employee has the right to submit a complaint to the actual employer, who must respond to this complaint within 5 working days.
Author: Mohammed Al-Farsi
Mohammed Al-Farsi is a Legal Associate at Decree. He holds an LLB Law Degree from the University of Exeter. Prior to joining Decree, Mohammed trained in the oil and gas sector, private practice, and in a regional tech company. He has an interest in corporate and commercial law.
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Intel Update: July 2024
Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.
The FSA published in this week’s Official Gazette a Decision Amending Some Provisions of the Regulation Governing Clearing and Settlement which included a minor change to article 14 of the regulation.
Article 14 of the regulation outlines that upon executing a sale or purchase transaction, the securities are recorded in the electronic system under the status of “Deemed Sold Awaiting Settlement” or “Deemed Bought Awaiting Settlement, Sale Permitted,” respectively. Ownership is registered to the buyer on the day of settlement, and this settlement is considered final.
The amendment makes a small specific change to the wording of the original article 14 by stipulating that the settlement cannot be “conditional or deferred”.
This amendment enters into force tomorrow. You can read the text of the decision in full on the link below:
ROP published in this week’s issue of the Official Gazette Decision 88/2024 Issuing the Controls for Providing Vehicle Technical Inspection Service which creates a framework for outsourcing Traffic Law related inspection to private sector establishments.
By virtue of this new decision, a private sector establishment wishing to apply for a licence to offer vehicle inspection services must be wholly owned by Omanis, must equip its garages with approved tools, must maintain an electronic database linked to the Directorate General of Traffic, and must employ qualified technicians who adhere to safety standards during inspections.
The controls impose a number of obligations on establishments licensed to offer this service, such as the prohibition against inspection of vehicles involved in accidents or the sale or installation of spare parts to bypass inspection.
Penalties for violating the new controls include warnings, fines of up to 100 Rial Omani (double upon repetition), as well as licence suspension or cancellation.
You can read the text in full in English at the link below:
Articles 22 and 23 of the Social Protection Law provide for the creation of a medical committee and a number of medical grievance committees. The medical committee is responsible for licensing health establishments to issue reports for disability assessment, while the grievance committees are responsible for reviewing challenges made to the reports issued by these health establishments.
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First Cemetery Regulation Issued
The Ministry of Interior issued in today’s Official Gazette a brand new Regulation Governing Cemeteries. This is Oman’s first ever legal instrument that governs the cemeteries and it outlines the management, establishment, and operational standards for cemeteries along with the requirements for burial practices, cemetery maintenance, and public health compliance.
The Financial Services Authority (FSA) issued in today’s Official Gazette a new Decision E/25/2024 Issuing the Governance Regulation for the Account for the Treatment of Visitors in Emergencies. Under this new regulation, visitors to Oman will be able to request a subsidy of up to 5,000 Rial Omani from the government to cover their medical emergencies if they exhaust the limit of their existing health insurance, have an expired health insurance policy, or do not have any health insurance at all.
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Intel Update: April 2024
Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.
New Content
Financial Services Authority: The Financial Services Authority (هيئة الخدمات المالية) is the government entity responsible for regulating the capital markets; insurance companies; the commodities, energy, and derivatives market; credit rating agencies; and the accounting and auditing profession.
The Ministry of Energy and Minerals: The Ministry of Energy and Minerals (وزارة الطاقة والمعادن) is the entity responsible for formulating the strategies and policies of the energy and minerals sectors, as well as developing, supervising, and regulating them.
Case Summary: Supreme Court (Labour Circuit: Contestation) 548/2017 (Failure to Terminate a Definite Period Contract): The Supreme Court held that the failure of the employer to terminate a definite period employment contract before its expiry transformed the contract into a new indefinite period contract.
Fatwa Summary: MJLA Fatwa 212744737 (Oman Housing Bank VAT Exemption): The Ministry of Justice and Legal Affairs (MJLA) held that the Oman Housing Bank, a government-owned enterprise under the Oman Investment Authority, is exempt from value added tax (VAT).
ROP issued in today’s issue of the Official Gazette a decision amending the Executive Regulation of the Traffic Law, adding a new chapter numbered threebis to the regulation that outlines the requirements for establishing bike riding schools. The addition of these amendments to the Executive Regulation of the Traffic Law puts in place for the first time a formal framework that applies to bike riding training in Oman.
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Nature Reserves Under Omani Law
The most recent issue of the Official Gazette published three royal decrees issued by His Majesty establishing three nature reserves: The Buraimi Oasis Natural Reserve, the Dhahirah Natural Reserve, and the Al-Jabal Al-Gharbi Natural Reserve. Some of you might be wondering, what is the purpose of these royal decrees and what are nature reserves? This blog will attempt to provide a very quick overview of this interesting area of law.