In Oman, employment termination is regulated by labor laws to ensure fair practices and protect employee rights.

Lawful Grounds for Dismissal

The Omani Labour Law outlines acceptable grounds for terminating an employment contract. Employers must demonstrate a valid reason for dismissal, which may include:

• Employee Misconduct: Gross misconduct, such as theft, insubordination, repeated negligence, or intoxication on duty.
• Performance Issues: Persistent underperformance or failure to improve after warnings and a reasonable opportunity to rectify the issues.
• Economic Reasons: Termination due to proven financial losses or cessation of business activities.
• Omanization Requirements: Replacing an expatriate employee with an Omani citizen to comply with government-mandated Omanisation targets.

Notice Requirements

The required notice period in Oman depends on the type of employment contract and an employee's payment structure:

• Indefinite Contract (Monthly Payment): Minimum of one month's notice.
• Indefinite Contract (Other Payment Structure): Minimum of 15 days' notice.
• Fixed-Term Contract: No notice required unless specified in the contract.

Important Considerations:

• The employment contract or a collective bargaining agreement may specify longer notice periods.
• Terminations due to employee misconduct may potentially waive the notice requirement.

Severance Pay (End-of-Service Gratuity)

Omani employees completing one year of continuous service are entitled to severance pay. The calculation is based on the employee's length of service and their final basic salary.

• Length of Service:
  • 1-5 years: 15 days’ basic salary for each year of service.
  • Over 5 years: 30 days’ basic salary for each year of service.

Important Considerations:

• Employees terminated for gross misconduct may forfeit severance pay.
• Severance pay calculations may exclude certain allowances. It's crucial to consult the Omani Labour Law or an employment lawyer for specifics.

Note: Seeking advice from a legal professional specializing in Omani labor law is always recommended for complex termination scenarios and for the most up-to-date information.

Oman has established laws and policies that aim to prevent discrimination and promote equality in the workplace.

Protected Characteristics

Omani law explicitly prohibits employment discrimination based on:

• Gender: The Basic Statute of the State guarantees equality between men and women (Article 17). The Labour Law further reinforces this, prohibiting employment discrimination based on sex.

• Nationality and Social Origin: Article 17 of the Basic Statute of the State also prohibits discrimination based on nationality and social origin.

• Religion: The Basic Statute of the State guarantees freedom of religion within the limits of the law (Article 28), implying protection from discrimination based on religious beliefs.

It's important to note that while these characteristics receive explicit protection, Oman's anti-discrimination framework does not yet comprehensively address areas such as disability, age, or sexual orientation.

Redress Mechanisms

Victims of discrimination can seek recourse through:

• Ministry of Manpower: The Ministry of Manpower enforces labor laws, including protections against gender-based discrimination. Employees can file complaints related to workplace discrimination.

• Courts: Individuals can pursue legal action through the court system for violations of their fundamental rights, including the right to equality, guaranteed by the Basic Statute.

Employer Responsibilities

Employers in Oman are obligated to foster a non-discriminatory workplace. This includes:

• Creating a Culture of Inclusion: Developing and implementing policies that promote equality, diversity awareness, and respect.

• Fair Hiring Practices: Establishing recruitment and selection processes that are based purely on job qualifications and merit.

• Addressing Harassment: Investigating and taking action against harassment or discriminatory behaviour in the workplace.

• Accommodations: Providing reasonable accommodations when needed.

Oman is continually evolving its labor laws and practices. Increased focus on comprehensive anti-discrimination protections, including expanding the recognized "protected characteristics," is likely in the future.

Oman's labor laws set the standards for a safe and productive work environment, including working hours, rest periods, and ergonomic requirements.

Working Hours

The standard workweek in Oman is 48 hours, with a maximum of 9 hours per day. Overtime work is allowed, but with restrictions. The total working hours, including overtime, should not exceed 60 hours per week. Overtime pay must be at a rate of at least 125% of the regular wage. During the holy month of Ramadan, the maximum working hours are reduced to 6 hours per day and 30 hours per week for Muslim employees.

Rest Periods

Omani law mandates a minimum break of at least 30 minutes after working continuously for six hours. All employees are entitled to two rest days per week, which are typically Friday and Saturday. Employees who have completed one year of service are entitled to paid annual leave. The minimum legal requirement is 30 days of leave per year.

Ergonomic Requirements

While Oman's Labour Law doesn't contain explicit regulations on ergonomics, the general duty of care placed upon employers requires them to ensure the health and safety of their workers. This can be interpreted as including providing workstations that promote good posture and minimizing risks of musculoskeletal disorders. It's advisable to consult with a health and safety professional or a lawyer specializing in Omani labor law for the most up-to-date recommendations on ergonomic requirements in the workplace.

Oman places a high priority on worker safety and health, supported by a comprehensive framework of regulations. These regulations are designed to empower both employers and employees in creating a secure and healthy work environment.

Employer Obligations

The foundation of health and safety regulations in Oman is the Labour Law (Royal Decree 35/2002) and its associated regulations. Employers have significant responsibilities under this framework, including:

• Risk Assessment and Mitigation: Employers are required to identify potential hazards in the workplace and implement effective control measures to eliminate or minimize risks. This includes prioritizing engineering controls over personal protective equipment (PPE).
• Providing a Safe Work Environment: This involves ensuring the proper functioning of machinery, maintaining adequate ventilation and lighting, and providing hygienic facilities for employees.
• Instruction and Training: Employees must be provided with proper instruction and training on health and safety procedures specific to their roles.
• Accident Reporting: Employers are obligated to report work-related accidents, near misses, and occupational illnesses to the Ministry of Manpower.

Employee Rights

Employees in Oman have important rights regarding health and safety in the workplace:

• Right to a Safe Workplace: Article 17 of the Basic Statute of the State guarantees the right to a healthy and safe work environment.
• Right to Information and Training: As mentioned earlier, employees have the right to receive training on health and safety measures.
• Right to Refuse Unsafe Work: Employees can refuse tasks they believe pose a serious threat to their health and safety, provided they haven't been adequately informed of the risks and proper safeguards.

Employees play an active role in maintaining a safe work environment by upholding these rights.

Enforcement Agencies

The Ministry of Manpower (MoM) is the primary government body responsible for enforcing health and safety regulations. They achieve this through:

• Workplace Inspections: MoM inspectors conduct regular inspections to ensure compliance with health and safety regulations.
• Issuing Orders: Inspectors can issue orders requiring employers to rectify safety violations.
• Imposing Sanctions: Failure to comply with regulations can result in fines or even closure of the workplace in severe cases.

The Oman Chamber of Commerce and Industry (OCCI) also plays a role in promoting health and safety best practices.