Inspection Department

Prerogatives:

• Paying field visits to the private sector's establishments, to ensure their implementation of laws and ministerial decisions.
• Studying applications of expatriate workers procurement submitted by the licenses department and preparing detailed reports about any establishment status and its needs for workers.
• Receiving the applications of opening and renewing workers procurement offices and completing any procedures regarding these offices.
• Endorsing reports about expatriate labourers absconding.
• Authenticating expatriate labourers contracts and approving assignments.

Sections

The department is divided into three sections:

• The regular inspection section.
• The labour licenses inspection section.
• The labourers procurement offices section.

Regular Inspection

The regular inspection section is concerned with the following:

• Monitoring the application of legal provisions relating to the labour terms and protecting labourers while performing their duties, particularly the work hours and wages.
• Monitoring the implementation of legislations concerning labour services offered to labourers whether inside or outside the work sites, for the purpose of facilitating workers performance and securing work stability.
• Detecting any violations of the provisions of the labour laws and the decisions and regulations relating to its implementation.
• Guiding employers on the best and easiest ways to apply the provisions of the Omani labour law and its executive decisions.
• Ensuring labour security and stability.
• Encountering any problem that may affect the labour relations.
• Studying any phenomena detected during inspection campaigns and reporting same to the concerned authorities.
• Monitoring the labour market to ensure its balance and prevent slackness of the expatriate labourers.

Labour Clearance Inspection

The labour clearance inspection section undertakes the following responsibilities:

• Receiving and recording applications of labourers procurement clearance submitted by the concerned department.
• Receiving inquirers (employers or their representatives) and fixing dates for field visits to the work locations.
• Preparing detailed reports about the establishments' status and their need for new or additional expatriate labourers.

The labourers procurement offices section:

The licenses terms of opening labourers` procurement offices according to ministerial decision No. 59/93 include the following:

• The employer shall be an Omani citizen of no less than 21 years of age.
• He must be legally competent.
• He must not be a convict of a crime pertaining to honor, or dishonesty unless he has been rehabilitated.
• He must not be disciplinary terminated from the government service, or one of the public or private establishments, unless after the expiry of two years.
• He must have a suitable premises that fits the specifications stipulated by the concerned authorities for excising his activities.
• He must have at least a second class register at the Oman Chamber of Commerce and Industry (OCCI).

Required documents for the license:

• Commercial register and subscription certificate.
• Outlet rent contract.
• Banking guarantee certificate with a sum of (RO 3000) valid for two years.
• Good conduct and behavior certificate issued by the Royal Oman Police ( ROP).
• Two photographs.

Absconding Notification

Requirements of expatriate labourers absconding notifications, according to ministerial decision No. 95/2001 include the following:

Firstly: Shape of absconding notification

• Publishing a notice accompanied by the absconded photograph in a local daily paper. The notice shall be published 7 days after the labourer has left the work premises without notifying the sponsor.
• The notification shall come on the sample prepared by the ministry which should be informed of the absconding . There should also be statements about the publishing dates and the paper's volume. A a copy of the paper in which the notice has been published should be attached. The ticket fare to the labourer’s country should be deposited at the ministry’s account at BankMuscat.
• The notifications shall be submitted to the authority concerned with labour affairs within 7 days from the publishing date.
• The authorities concerned with labour affairs shall collect the absconding notifications submitted to it and forward them to the concerned authority at the ROP every week.

Secondly: Steps taken by those concerned with labour affairs

• After receiving the complete absconding notification, it will be marked and its data will be entered into the computer and a copy of same will be kept.

Thirdly: Consequences of the absconding notification

• In case the notification is proved correct, the labourer will lose his gratuity for the period which proceeded the absconding date, in implementation of the provisions of article (42) of the Omani labour law.
• The absconded labourer shall be obliged to pay the fine of the labour card, in case it was valid prior to the absconding date, or if the absconding occurred before the labourer has completed one month in the Sultanate. The labourer shall also be obliged to pay the fees of the card renewal ( vocational training contribution) or the household workers fees as from the date the card has expired, if it occurs after the absconding was proved correct. In case the labourer is bankrupt, his (her) employer shall incur all fees and fines.

Fourthly: Objections to the absconding notification

The expatriate labourer whose absconding was published in the local papers may appeal against this notice within two weeks from the publishing date, provided that the appeal comes in writing and accompanied by the documents which prove that he (she) has not absconded. Such appeal shall be submitted to the authority concerned with labour affairs. The authority shall after reviewing the documents and listening to the concerned parties, decide in the matter within one week from the date on which the appeal has been lodged. In case the absconding was proved correct, the labourer shall be referred to the joint inspection teams to take necessary action, in implementation of the provisions of article ( 103 ) of the Omani labour law.

Fifthly: cancellation of the absconding notification

In case the employer has applied in writing to the officials concerned with labour affairs within 30 days from the date on which the notice was approved to provide justifiable reasons to cancel the notice, the concerned authority shall look into and decide on this request within one week, according to each separate case. Any decision taken shall be approved by the concerned director general.

Return of Deposited Amount

Method of refunding amounts deposited at the bank to secure the labourer’s ticket fare upon submitting the absconding notification:

After the notice has been cancelled, the concerned department shall address the director of the finance department at the ministry to refund the aforesaid amount to the concerned party. The amount shall be retained at the bank for four years in case the labourer was not deported, and in case the notice was not cancelled. On completion of this period, the amount shall be given to its owner.

Authentication of expatriate labour contracts and endorsement of assignments:

• Fees of labour contracts endorsement: One Omani Riyal per each contract authenticated.
• The procedures: The form of some nationalities shall be typed in both Arabic and English languages and shall be signed by the concerned the employer and labourer.
• The mechanism of endorsing assignments: A no objection certificate from the former sponsor shall be provided along with the sample of the sponsor’s signature, or a copy of the labourer's ID and the original copy of the clearance for expatriate labourers. The labour card shall be valid and in case it has expired three month before the date, it shall be renewed in the name of the former sponsor before the assignment is approved.

Sixthly: JOINT LABOUR INSPECTION TEAMS

The joint labour inspection teams have been established as per ministerial decision No. 102/95. Such teams are formed under the chairmanship of the Ministry of Manpower and with members from the Ministry of Commerce and Industry and the ROP.

1. The purpose of forming these teams

They were formed to conduct regular and sudden inspection of establishments and companies to ensure that the labour force licensed to be procured, work in the same establishments and companies and not leased to others.

2. Distribution of inspection teams

The joint inspection team is formed of six sub-teams distributed among the Sultanate's governorates and regions. Each team comprises of a chairman and a number of employees who carry out field inspection and other administrative tasks. These teams are distributed as follows:

• The joint inspection team in Muscat Governorate.
• The joint inspection team in Dhofar Governorate.
• The joint inspection team in the Batinah region.
• The joint inspection team in the Dakhiliyah region.
• The joint inspection team in the Sharqiyah region.
• The joint inspection team in the Dhahirah region.

3. Prerogatives of joint inspection teams

• Practicing the powers stipulated by the provisions of the Omani labour law and the regulating decisions on the labour inspection procedures and methods.
• Paying field visits to the establishments and work sites to ensure that labourers work in the country legally.
• Controlling the labourers who violate the rules and investigating them and the employers who employ them illegally and identifying the violators and taking legal steps against them.
• Following up the procedures of detaining the labourers at the police centers and prisons and following up deportation of violators.