PART ONE
Definitions & General Provisions
CHAPTER ONE
Definitions
h3>Article (1)
In applying the provisions of this law the following words and phrases shall have
the meaning assigned to each of them unless the context requires otherwise.
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1.
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The Ministry
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The Ministry of Manpower.
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2.
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The Minister
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The Minister of Manpower.
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3.
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The Directorate
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The Labour directorate or office or its branches.
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4.
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The Establishment
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Every undertaking which is run by a natural person or a body corporate employing
one or more workers in consideration of a wage.
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5.
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The Employer
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Every natural or corporate person employing one or more workers in consideration
of a wage.
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6.
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The Worker
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Every natural person who works with the employer in consideration of a wage and
under his management and supervision.
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7.
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Contract of Work
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Every contract under which a natural person undertakes to work for the interest
of an employer and under his management and supervision in consideration of a wage.
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8.
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The Casual Work
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The work which does not by its nature come within the activity practiced by the
employer and which does not last longer than six months.
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9.
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The Temporary Work
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The work that by its nature is required to be executed and completed within a fixed
period of time.
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10.
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Part-Time Worker
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The worker whose usual hours or days of work are less than those prescribed by this
law.
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11.
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Over-Time Work
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The work that is performed in hours which exceed the working hours prescribed by
this law.
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12.
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Basic Wage
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The agreed consideration between the employer and the worker whether in cash or
in kind, which is recorded in the contract of work in addition to periodical increments,
if any.
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13.
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Gross Wage
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The basic salary, in addition to all other entitlements that might be decided for
the worker in return for his work, and includes the consideration for over-time
work and what the worker might get as remunerations or ex-gratia payments or increments
by reason of high cost of living or allowances other than travel, transportation
and accommodation allowances.
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14.
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Probationary Period
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A period during which the suitability of the worker is being examined and which
enables the employer to assess the worker, either from the technical or moral point
of view, and which enables the worker to become acquainted with the conditions of
the work.
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15.
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Continuous Service
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The uninterrupted service with the same employer or his legal successor and the
periods of absence approved by the employer, shall not affect the continuity of
the service.
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16.
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Year
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365 days from the date of signing the Contract of Work unless otherwise provided.
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17.
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The Month
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30 days unless otherwise provided.
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18.
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Labour Disputes
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Any dispute between the employer and the worker if it relates to the employment
of the worker or the terms of his service or the conditions of his work.
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19.
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Working Hours
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The time during which the worker is at the employer’s disposal and does not include
the periods of rest .
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20.
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Night working Hours
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The time between 9.00 pm and 5.00 am during which the worker is at the employer’s
disposal.
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21.
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Juvenile Worker
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Every natural person who has reached the age of fifteen but has not reached the
age of eighteen.
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CHAPTER TWO
General and Transitional Provisions
Article (2)
The provisions of this law shall not apply to:
- Members of the armed forces and public security organizations and employees of the
state administrative apparatus and other government units.
- Members of the employer’s family who are dependent upon him.
- Domestic servants working inside houses or outside houses such as a driver, maid
and a cook and those with similar jobs.
The Minister shall by his decision issue the rules and terms of work relating to
these categories.
Article (3)
Any condition which is contrary to the provisions of this law shall be null and
void even if it was prior to its operation unless the condition is of more benefit
to the worker.
Any release or settlement or waiver of rights arising out of this law shall be null
and void if it is contrary to its provisions.
Any conditions prescribed by the laws, regulations and decisions which were in force
at the date of coming into force of this law which are more advantageous to the
worker shall continue to be enforced.
Article (3) (Repeated)
The employer has no right to impose any form of compulsory or coercive work.
Article (4)
Unless otherwise excepted by a special provision all employers and workers shall
be subject to the provisions of this law, and all kinds of establishments and their
national and foreign branches, which practice their activities within the Sultanate,
whether they are public or private, including the national and the foreign institutions
of the private education.
Article (5)
As from the date of coming into force of this law, all employers shall provide or
at least maintain the minimum standards and conditions of employment set out in
this law. The standards and terms of service under which the worker was employed
before the coming into force of this law, shall not be reduced, if the worker continues
in the service of the employer after it has come into force.
Article (6)
The employer may establish schemes from which his workers may get advantages which
are more beneficial than what is prescribed, or provide them with other benefits,
or enter into agreements with them, the terms of which are more beneficial than
the terms provided for in this law.
If a condition in this law contradicts any of the conditions set out in such schemes
or agreements, the condition which is more beneficial to the worker shall be applied.
Article (7)
The worker’s right to claim any of the entitlements provided in this law shall become
prescribed after the expiry of one year from the date of his entitlement to such
right. With respect to other claims, which had arisen prior to the enforcement of
this Law the period of one year shall be calculated as from the date the provisions
of this Law come into force.
Article (8)
The officials who are designated by a decision of the Minister of Justice in coordination
with the Minister shall have the authority to carry judicial investigations for
the implementation of the provisions of this law and the regulations and decisions
for the implementation thereof. The rules and procedures for the regulation of their
work shall be specified by a decision to be issued by the Minister. The aforesaid
officials shall have the right to enter the places of work and inspect the books,
records and papers related thereto to ensure that the provisions of this law and
the executive regulations and decisions thereof are implemented. Such officials
shall before assuming their work, take an oath before the Minister that they shall
discharge their work honestly and sincerely and shall not disclose any work secrets
or any information or data they come to know by virtue of their work even after
the termination of their services.
The said officials shall observe confidentiality regarding the source of any information
which has come to their knowledge in connection with the violation of any provisions
of this law or its executive regulations and decisions.
Article (9)
The employer or his representative, shall in the context of implementation of the
provisions of this law and the executive regulations and decisions thereof, provide
the officials mentioned in the above section, with the facilities necessary for
the discharge of their duties, and all data or information as they may request provided
that such data or information are complete and valid. It is prohibited for any person
to delay or intentionally obstruct the said officials from discharging their duties.
For the purpose of their work they may seek the assistance of policemen in accordance
with rules to be issued by a decision of the Minister in co-ordination with the
Inspector General of Police and Customs.
Article (10)
The claims filed by the workers or their beneficiaries in accordance with the provisions
of this law shall be exempt from all fees at all the stages of litigation.
