PART TEN
Penalties
Article (111)
Without prejudice to any severer penalty provided in any other law, the
penalties in the following sections shall apply to the violations
referred to therein.
Article (112)
The employer who abstains from offering required facilities or correct
data, or information, or who submits incorrect data to official
employees, or who prevents the worker from practicing his labor union
activity, or hinders the formation of labor unions or the General
Federation of the Sultanate of Oman’s workers, shall be punished by
imprisonment for a period not to exceed one Month and a fine of no more
than R.O. 500, or by one of the two penalties.
Article (113)
Whoever violates the provisions of Sections [14], [15] and [16] of
Chapter One of part two shall be punished with a fine of not less than
R.O. 10/- and not exceeding R.O.100/- for each worker, and for violation
of Section [17] with a fine of not less than R.O. 50/- and not exceeding
R.O. 100/- and the punishment shall be doubled if the violation is
repeated.
Article (113) [Repeated]
Everybody commits, helps or agrees upon committing any deed infringing
the provisions of the Article (18 Repeated) of this law shall be
punished by being imprisoned for a period of not more than one month and
paying a fine of not less than one thousand Omani Rials (R.O. 1000/-)
and not more than two thousand Omani Rials (R.O. 2000/-) or shall be
Subject to one of these two penalties. If the perpetrator is not an
Omani employee, he shall be expelled from the Sultanate on the expense
of the employer and shall be banned from entering it.
Article (114)
Every employer who employs non Omani workers as authorized by the issued
license shall be punished by paying a fine of not less than one thousand
Omani Rials (R.O. 1000/-) and not more than two thousand Omani Rials
(R.O. 2000/-) for each worker. The penalty is to be multiplied as per
the number of the workers for whom the penalty was set. In addition, the
employer shall incur the expenses related to repatriation and shall be
prevented from bringing non Omani workers for a period of not more than
two years, The penalty shall be doubled if the employed worker is one of
those who enter the Sultanate illegally or leave work for the employer
authorized to employ them.
Every employer who intentionally lets a non Omani worker authorized
to work for him work for any other employer shall be punished by being
imprisoned for a period of not more than one month and paying a fine not
less than one thousand Omani Rials (R.O. 1000/-) for each worker or
shall be subject to one of these two penalties. The penalty is to be
multiplied as per the number of the workers for whom the penalty was
set. In addition, the employer shall be prevented from bringing non
Omani workers for a period of not more than two years. The penalty shall
be severer in case of recurrence.
The non Oman employee working in the Sultanate without permission
from the specialized authority or working for a non authorized employer
shall be punished by being imprisoned for a period of not more than one
month and paying a fine of not less than four hundred Oman Rials (R.O.
400/-) and not more than eight hundred Omani Rials (R.O. 800/-) or shall
be subject to one of these two penalties. In addition, the work permit,
if any, shall be cancelled and the employee shall be repatriated on the
expense of the employer and shall be repatriated on the expense of the
employer and shall be banned from entering the Sultanate.
Every employer not complying with the decided Omanization rate shall
be punished by paying a fine equal to 5% of the average of the total
wages of the non Omani employees representing the difference between the
legally set Omanization rate and the really achieved rate.
Every agent working in bringing expatriate workers infringing the
provisions of the Article (20) and the resolutions issued to organize
the permit and its conditions shall be punished by being imprisoned for
a period of not more than one month and paying a fine of not less than
two hundred Omani Rials (R.O 200/-) or shall be subject to one of these
two penalties as well as the cancellation or the suspension of the
license for a period of not more than one year.
Every employer infringing the provisions of the Article (29) shall be
punished by paying a fine of not less than fifty Omani Rials (R.O. 50/-)
and not more than two hundred Omani Rials (R.O 200/-).
Article (115)
Whoever violates the provisions of Part Three and the decisions issued
for the implementation thereof, shall be punished with fine of not less
than R.O. 10/- and not exceeding R.O. 100/- which shall be multiplied by
the number of workers who are the subject of such violation and the
penalty shall be doubled upon repetition of such violation.
Article (116)
Whoever violates the provisions of Chapters One and Two of Part Four
shall be punished with fine not exceeding R.O. 100/- and the fine shall
be multiplied by the number of workers who are the subject of the
violation, and the penalty shall be doubled in case of repetition of
such violation.
Article (117)
Whoever violates the provisions of Chapter Three of Part Four shall be
punished with fine not exceeding R.O. 100/- and the fine shall be
multiplied by the number of workers who are the subject of such
violation and the penalty shall be doubled in case of repetition of such
violation.
Article (118)
Violators of Chapter Five shall be punished by a fine of R.O. 500/-. The
fine may be doubled according to the number of Women Jeureniles employed
in violation the provisions. If the same incident is repeated after one
year of the employer may be subject to maximum of one month imprisonment
in addition to the fine.
Article (118) [Repeated]
Without prejudice to any server penalty stated by this law or any other
law, the employer or his representative shall be punished by paying a
fine of not less than one hundred Omani Rials (R.O 100/-) and not more
than five hundred Rials (R.O 500/-) and by being put in prison for a
period of not more than one month or shall be subject to one of these
two penalties in case of infringing the provisions of the sixth section
of this law and the regulations and resolutions issued to execute it.
The penalty shall be doubled in case of recurrence.
Article (119)
Every employer who violates the provisions of Section [92] shall be
punished with imprisonment for a term of not less than one week and not
exceeding one month, and the punishment of every employer who violates
any other provision of Part Seven shall be doubled in case of
repetitions of such violation.
Article (120)
Every employer who refrains form laying down a procedure for complaints
and grievances as provided in Section [105] shall be punished with fine
of not less than R.O. 100/- and not exceeding R.O. 300/-. Every employee
who refuses to implement the amicable settlement provided in Section
[106] shall be punished with a fine of not less than R.O. 50/- and not
exceeding R.O.100/- and the penalty shall be multiplied by the number of
workers who are the subject of such violation.
Article (121)
Any public officer who divulges any of the profession’s secrets which
are relayed to him during the performance of his work shall be punished
with fine not exceeding R.O. 100/- or with imprisonment not exceeding
three months or with one of these penalties.
Article (122)
Any person who intentionally obstructs or delays any public officer from
exercising his authority or the discharge of any duty assigned to or
imposed upon him shall be punished with fine not exceeding R.O. 100/- or
with imprisonment for a term not exceeding one month or with both. Such
penalty shall be doubled in case of the repetition of such violation.
Article (123)
Failure to observe "Article No. 3 [Repeated]" will result in
imprisonment of a maximum of one month and a fine of R.O.500/- or either
of them. The penalty will be doubled in case of recurrence.
Article (124)
Apart from the penalties set for the infringements stated in the
previous articles, every perpetrator of the provisions of this law and
the regulations and resolutions issued to execute it shall be punished
by baying a fine of not less than five hundred Omani Rials (R.O 500/-)
and not more than one thousand Omani Rilas (R.O 1000/-). The non Omani
perpetrator shall be expelled from the Sultanate on the expense of the
employer and shall be banned from entering it.
Article (125)
The minister or his representative may stop the procedures of case
concerning the infringements for which punishments ate stated in this
law in case the perpetrator has made payment according to the rules and
categories issued among the minister’s resolution provided that this
payment shall not exceed half of the maximum stated for the fine per
each case and the perpetrator shall be expelled from the Sultanate on
the expense of the employer and shall be banned from entering it.
