The long-awaited Omani Labour Law that came out last month makes substantial changes to the relationship between employees and employers, and it will take everyone a period of time to fully appreciate the changes introduced by this critical piece of Omani legislation. In this blog post, we will shed light on 5 of the most significant benefits that both employees and employers have under this new Labour Law.
This guest blog post is contributed by Duniya Al-Nabhani – Law Master’s Student and SQE Candidate.
The recently issued Social Protection Law confirmed the importance that Oman gives to persons with disabilities by providing several rights and benefits to this vulnerable social group. These rights and benefits include providing a monthly guaranteed financial subsidy to every person with a disability and also allowing persons with disabilities to retire 10 years earlier than persons without disabilities. These fundamental rights granted by this new groundbreaking law are not the first or the only rights granted by Omani law to persons with disabilities as the Omani legal system has long recognised the need to provide them with special protections to address the inequality they face due to their disability. This post will highlight some of the other Omani laws that recognise the rights of the disabled.
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Banned Barbie: Censorship Law in Oman
The world of artistic expression and censorship are often found at crossroads in various parts of the world, owing to differing cultural, religious, and societal norms. One recent subject of these crossroads is the 2023 live-action movie ‘Barbie’, based on the globally recognised Barbie dolls by Mattel. While this film has gained significant popularity worldwide, it has also been banned in several countries, including countries in the GCC. Oman has yet to clarify its stance on ‘Barbie’, but anticipation is growing about potential prohibitions, given the precedent established by neighbouring GCC countries. This blog post will provide an overview of Omani law in the area of movie censorship, the government entity responsible for censorship, and the legal mechanisms for challenging censorship decisions.
The Ministry of Commerce, Industry, and Investment Promotion issued a new decision in this week’s issue of the Official Gazette on the combatting of concealed trading.
The decision defines the term “concealed trading” as enabling a person to engage in an activity that the laws of the Sultanate of Oman do not allow him to engage in, whether for his own account or in association with others. Accordingly, the decision identifies the parties involved in concealed trading: The concealer who is the person that enables concealment, and the concealed trader who is the person that benefits from the concealment.
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Decree Monthly Digest – July 2023
Decree Monthly Digest is a summary of the most significant legislation issued in the previous month.
ROYAL DECREES
Twelve royal decrees were published in July, with the most significant being Royal Decree 52/2023 Promulgating the Social Protection Law, and Royal Decree 53/2023 Promulgating the Labour Law. The systems of the entities that will administer the Social Protection Law were also published through Royal Decree 50/2023 Promulgating the System of the Social Protection Fund and Royal Decree 51/2023 Promulgating the System of the Military and Security Services Pension Fund. Other noteworthy royal decrees include Royal Decree 54/2023 Promulgating the Members of Majlis Al-Shura Elections Law, Royal Decree 44/2023 Establishing the Khazaen Economic City and Promulgating Its System, and royal decrees approving exploration and mining concession agreements numbered 46/2023, 47/2023, 48/2023, and 55/2023, and Royal Decree 49/2023 Ratifying the Agreement between the Government of the Sultanate of Oman and the Government of the Republic of Poland on the Mutual Visa Exemption for Holders of Diplomatic, Special, and Service Passports.
MINISTERIAL DECISIONS
Ten ministerial decisions were published in the Official Gazette during this month, with the most significant ones being MOCIIP’s decision on the combatting of concealed trading, MAFW’s decision amending some provisions of the regulation governing wells and aflaj, and OAAAQA’s decision determining the fees for institutional accreditation of higher education establishments with branches.
BLOG UPDATES
Our blog featured a commentary article by Yousuf Al-Busaidi titled “Regulating the Waterworks—the New Water and Wastewater Sector Law”, four posts by Mohammed Al-Farsi titled “Oman Joins the GCC Railway Project: An Overview”, “MOL Issues Decision on the Wage Protection System”, “MHUP Amends Decision on the Controls for Allocating Government Land for Public Majlises”, and “The New Joint Dialogue Committee under the Omani Labour Law”, and one post by Dr Riyadh Al-Balushi titled “New Grounds for Terminating Employment Under Omani Labour Law”.
To stay up to date with the latest laws and regulations coming out, make sure that you subscribe to the free Decree Newsletter.
Yesterday, His Majesty promulgated the brand new Labour Law that overhauls the regulation of the labour market in Oman. One of the significant aspects of this reform of employment law is the creation of a new “Joint Dialogue Committee for Production Parties” as part of the wider aspects of collective bargaining and participatory provisions under the new law.
The long-awaited new Omani Labour Law is finally out. The new law makes many substantive changes to the way employment is regulated: From the scope of its application and employee rights, to collective bargaining and employment dispute resolution. The law was issued only a few hours ago, and it will take everyone a bit of time to fully digest the extent of the changes introduced by this law.
The Ministry of Housing and Urban Planning issued in this week’s Official Gazette Ministerial Decision 126/2023 Amending Some Provisions of Ministerial Decision 114/2010 regarding the Controls for Allocating Government Land to Public Majlises.
The Government of Oman has customarily given to communities land plots for public majlises, i.e. town hall like venues that are used by the community on occasions such as weddings or funerals.
According to the original Ministerial Decision 114/2010, the mulkiya of the majlis land was registered in the name of the Ministry of Finance. The new Ministerial Decision 126/2023 makes it so that the mulkiya of the majlis land is now registered in the name governorate.
Furthermore, the new decision allows for 20% of the land to be invested and that the return on the investment is used for the operation and maintenance of the majlis. This decision also permits the community to appoint an agent to be responsible for the affairs of the majlis and its investments.
You can read the decision in full in English on the link below:
The Ministry of Labour issued a new decision in this week’s issue of the Official Gazette on the Wage Protection System that codifies the rules governing the electronic system for monitoring the payment of wages of employees in the private sector.
Under article 53 of the Labour Law, employers have an obligation to pay the wages of their employees by bank transfer into the account of the employee in a locally licensed bank. This has been managed by an electronic system jointly established by MOL and CBO.
In this decision, MOL has codified the legal requirements to use the system. This decision also clarifies the cases where the employer is not required to make the payments of the wages of the employee and the administrative penalties that may be imposed on employers who violate the decision, namely a warning, suspension of preliminary work permits, and an administrative fine of 50 Rial Omani which is doubled if the penalty is repeated.
You can read the decision in full in English on the link below:
Back in late 2020, Royal Decree 131/2020 regarding the Water and Wastewater Sector made an unusual reference—it referred to a law that was not yet promulgated, stating that this yet-to-be-issued law would regulate the water and wastewater sector.