The Labour Law defines remote work as “a work system in which the worker performs his work or duties using information technology and communications within the Sultanate of Oman outside the premises of the establishment whether part-time or full-time”. A key aspect of this definition is that Oman only recognises remote work performed within the country. This is confirmed by Article 2 of Ministerial Decision 523/2023, which prohibits establishments from contracting with an employee outside Oman to perform remote work for the establishment.

In essence, remote work remains subject to all the provisions of the Labour Law, including those on working hours, leave, minimum wage, contract duration and annual increments. Being a remote employee does not deprive an employee of any of their rights under the Labour Law.

On the other hand, nothing in the Labour Law or Ministerial Decision 523/2023 requires an employer to allow employees to work from home, regardless of their personal or family circumstances.

However, Ministerial Decision 523/2023 sets out a few administrative matters that employers need to consider if they choose to allow their employees to work remotely. Employers may use electronic systems to supervise and evaluate remote employees, but they cannot use monitoring methods that violate privacy or use personal data collected for non-work purposes. In certain cases, an employee may disconnect from the employer’s electronic systems.

The decision also requires employers to have written agreements for full-time remote work that address matters such as working hours, technology, performance monitoring, information security, privacy, and occupational safety and health.

It also sets out the circumstances in which an employer can require a part-time remote employee to return to the workplace, such as cybersecurity risks or serious policy breaches.

As remote work becomes increasingly popular, employers and employees are strongly encouraged to familiarise themselves with Ministerial Decision 523/2023. You can read it in full in English at the link below:

Written by:

Rusul Al-Asfoor

Rusul is a legal intern at Decree. Prior to interning at Decree, she interned at local and international law firms in Muscat. She is interested in commercial law. She holds an LLB from Nottingham Trent University.

Human rights are rights that are available to everyone broadly because they are human. For example, article 18 of the Basic Statute of the State provides that life and dignity are rights of every human, while article 22 provides that every human has a right to security of life. Other human rights include personal freedom in article 23 which is within the provisions of the law. Article 25 also protects individuals from physical or mental torture, or degrading treatment.

On the other hand, citizen rights are rights connected to the Omani citizenship. For example, article 20 protects citizens from being deported, exiled, or prohibited from returning to Oman. Additionally, article 15 further guarantees healthcare for citizens, social security services and aid in emergency, illness, incapacity, and old age in the manner prescribed by the law. Article 16 also guarantees education as a right for every Omani citizen, aiming to develop their knowledge, abilities, and skills.

It is worth noting that non-citizens are not left out of the Basic Statute of the State. Under article 42 every person present in Oman lawfully is granted protection of their person and property under the law, in return for a duty to abide by Omani legislation, values, and respect its traditions.

Moreover, the Sultanate has also ratified the International Covenant on Economic, Social and Cultural Rights in 2020, which extends rights like health and education to everyone, not just citizens, although certain legal exceptions may exist. This causes some tension with articles 15 and 16 of the Basic Statute of the State, which frame healthcare, social security, and education specifically as citizen rights. Furthermore, article 9 of the ICESCR recognises the right of every human to social security. This is significant when considering article 15 of the Basic Statute of the State, which specifically refers to social security for Omani citizens.

Another tension could be seen regarding the right to education. Article 16 of the Basic Statute of the State recognises education as a right limited to citizens. However, Oman is a party to the Convention on the Rights of the Child, which recognises the right of every child to education despite citizenship. This creates an interesting legal question on whether the wording of the Basic Statute of the State truly reflects Oman’s international obligations.  

However, article 93 provides an important connection between domestic law and international treaties, as it gives ratified treaties the force of law. This means that Oman’s international obligations can work alongside the rights and protections provided under the Basic Statute of the State.

In conclusion, the distinction between human rights and citizen rights creates an interesting question, and this article demonstrated that the protection of human rights in Oman involves balancing national legislation with international obligations.

It is highly recommended for everyone to make themselves familiar with both categories of rights, and understand how they are protected in the Sultanate of Oman. You can read the Basic Statute of the State in full at the link below:

Written by:

Rusul Al-Asfoor

Rusul is a legal intern at Decree. Prior to interning at Decree, she interned at local and international law firms in Muscat. She is interested in commercial law. She holds an LLB from Nottingham Trent University.

A key substantive change can be seen in article 5bis which allows a controller to process its own staff data, including biometric data such as fingerprints, without the need to obtain a permit from the ministry.

Article 14 grants data subjects a new right to object to decisions made through automated processing, for example, filtering of CVs for job applications, and to require the controller to bring in a human to review the decision.

Moreover, article 15 imposes a new obligation on controllers and processors to erase personal data as soon as its processing purpose ends, subject to narrow exceptions, like an existing dispute or a legal obligation.

Article 22 strengthens consent requirements by requiring explicit consent for marketing purposes, and article 10 provides a new list of specifications for the request for consent to process personal data.

The amendment includes several other substantive changes relating to definitions, territorial scope, consent, direct marketing, and fines.

This amendment has already entered into force. You can read it in full in English at the link below:

Written by:

Rusul Al-Asfoor

Rusul is a legal intern at Decree. Prior to interning at Decree, she interned at local and international law firms in Muscat. She is interested in commercial law. She holds an LLB from Nottingham Trent University.