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Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.6%
Lawyer
Tow years agreement but I just finished one year...
Tow years agreement but I just finished one year so if I cancel my visa and I go another company so is it possible?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Muscat
Lawyer's Assistant: Has anything been filed or reported?
I regained
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No
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إجابة الخبير: Fatima Abd El-Wahhab

Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.5%
Regarding your inquiry about the methods of terminating employment in accordance with the Omani Labor Law, please note that if the employment contract is for a fixed term, the employment is supposed to end after the expiry of its term so that the terminating party does not have to pay financial compensation to the other party. Termination can also be achieved by amicable agreement between the two parties, but in non-extended contracts. Duration: You can terminate it by either party, provided that you notify the other party one month before termination. The work may also be terminated without notice in the event of a serious error on the part of the other party. The contract may also be terminated for both parties during the probation period, which lasts for a maximum of three months.
In this regard, Omani law stipulates the following:
Article (24):
A probationary worker may not be appointed for a period exceeding three months for someone who receives his salary monthly, and for a period exceeding one month for someone who receives his salary otherwise.
A probationary worker may not be appointed more than once by the same employer. If the worker passes it, the probation period is included in the period of service.
In all cases, the probation period, if any, must be specified in the employment contract.
Either party to the contract may terminate it during the probation period if it becomes apparent to him that it is not appropriate to continue working, after notifying the other party of at least seven days.
Article (37):
If the contract is of indefinite duration, either party may terminate it after notifying the other party in writing thirty days before the end date for workers appointed with a monthly wage and fifteen days for others, unless a longer period is agreed upon in the contract.
If the contract is terminated without observing this period, the person who terminated the contract is obligated to pay the other party compensation equal to the comprehensive salary for the period of the period or the remaining part of it.
Article (38):
The notice issued by the employer to the worker to terminate the contract in the event that the worker is on leave or an official holiday does not take effect except from the day following the end of the leave or vacation.
Article (40):
The employer may dismiss the worker without prior notice and without end-of-service compensation in any of the following cases:
If he assumes an incorrect identity or resorts to forgery to obtain work.
If he commits a mistake resulting in a serious financial loss to the employer, provided that the latter informs the relevant department of the incident within three days from the date he became aware of its occurrence.
If he does not observe the instructions necessary to be followed for the safety of the workers and the workplace despite being warned in writing, provided that these instructions are written and posted in a visible place, and violating them would cause serious harm to the workplace or the workers.
If he is absent from work without an acceptable excuse for more than ten days during one year or more than seven consecutive days, provided that the dismissal is preceded by a written warning from the employer to the worker after his absence for five days in the first case.
If he discloses secrets related to the facility in which he works.
If he is finally convicted of a felony or misdemeanor involving dishonor or dishonesty, or a misdemeanor committed in the workplace or during work.
If he is found during working hours in a state of intoxication or under the influence of a narcotic or psychotropic substance he has taken.
If he assaulted the employer or the manager in charge, or if he committed a serious assault against one of his superiors during or because of work, or if he assaulted or beat one of his colleagues at the work site and this resulted in illness or disruption from work for a period exceeding ten days.
If the worker seriously breaches his obligation to perform his work agreed upon in his employment contract
· Article (41):
The worker may leave work before the end of the contract period while retaining all his rights after notifying the employer of this in any of the following cases:
If the employer or his representative committed fraud at the time of contracting with regard to the conditions of work.
If the employer does not fulfill his essential obligations towards the worker in accordance with the provisions of this law and the employment contract.
If the employer or his representative commits something immoral towards the worker or a member of his family.
If he is assaulted by the employer or his representative.
If there is a serious danger threatening the worker’s safety or health, provided that the employer was aware of the existence of this danger and did not implement the prescribed measures imposed by the competent authorities on the specified date.
Article (43):
The employment contract shall terminate in any of the following cases:
Expiration of its term or completion of the agreed upon work.
Death of the worker.
The worker's inability to perform his work.
Resignation, dismissal, or leaving work in accordance with the provisions of this law.
The worker becomes ill due to an illness that necessitates his absence from work for a continuous or separate period of not less than ten weeks within one year.
The worker’s disability or illness shall be proven by a medical certificate, and age shall be proven by the same instrument if it is not possible to prove it by the birth certificate or an official extract from it. The medical certificate shall be issued by the medical committee formed by a decision of the Minister of Health in coordination with the Minister for the purposes of implementing the law. This decision shall include the organization of work procedures. Its decisions are final.
The contract may not be terminated by the employer until the worker reaches at least sixty years of age.
In the event that the contract is terminated for one of the aforementioned reasons, the employer must pay the reward stipulated in Article (39) to the worker or to his beneficiaries if the worker is not subject to the provisions of the Social Insurance Law.
In this regard, Omani law stipulates the following:
Article (24):
A probationary worker may not be appointed for a period exceeding three months for someone who receives his salary monthly, and for a period exceeding one month for someone who receives his salary otherwise.
A probationary worker may not be appointed more than once by the same employer. If the worker passes it, the probation period is included in the period of service.
In all cases, the probation period, if any, must be specified in the employment contract.
Either party to the contract may terminate it during the probation period if it becomes apparent to him that it is not appropriate to continue working, after notifying the other party of at least seven days.
Article (37):
If the contract is of indefinite duration, either party may terminate it after notifying the other party in writing thirty days before the end date for workers appointed with a monthly wage and fifteen days for others, unless a longer period is agreed upon in the contract.
If the contract is terminated without observing this period, the person who terminated the contract is obligated to pay the other party compensation equal to the comprehensive salary for the period of the period or the remaining part of it.
Article (38):
The notice issued by the employer to the worker to terminate the contract in the event that the worker is on leave or an official holiday does not take effect except from the day following the end of the leave or vacation.
Article (40):
The employer may dismiss the worker without prior notice and without end-of-service compensation in any of the following cases:
If he assumes an incorrect identity or resorts to forgery to obtain work.
If he commits a mistake resulting in a serious financial loss to the employer, provided that the latter informs the relevant department of the incident within three days from the date he became aware of its occurrence.
If he does not observe the instructions necessary to be followed for the safety of the workers and the workplace despite being warned in writing, provided that these instructions are written and posted in a visible place, and violating them would cause serious harm to the workplace or the workers.
If he is absent from work without an acceptable excuse for more than ten days during one year or more than seven consecutive days, provided that the dismissal is preceded by a written warning from the employer to the worker after his absence for five days in the first case.
If he discloses secrets related to the facility in which he works.
If he is finally convicted of a felony or misdemeanor involving dishonor or dishonesty, or a misdemeanor committed in the workplace or during work.
If he is found during working hours in a state of intoxication or under the influence of a narcotic or psychotropic substance he has taken.
If he assaulted the employer or the manager in charge, or if he committed a serious assault against one of his superiors during or because of work, or if he assaulted or beat one of his colleagues at the work site and this resulted in illness or disruption from work for a period exceeding ten days.
If the worker seriously breaches his obligation to perform his work agreed upon in his employment contract
· Article (41):
The worker may leave work before the end of the contract period while retaining all his rights after notifying the employer of this in any of the following cases:
If the employer or his representative committed fraud at the time of contracting with regard to the conditions of work.
If the employer does not fulfill his essential obligations towards the worker in accordance with the provisions of this law and the employment contract.
If the employer or his representative commits something immoral towards the worker or a member of his family.
If he is assaulted by the employer or his representative.
If there is a serious danger threatening the worker’s safety or health, provided that the employer was aware of the existence of this danger and did not implement the prescribed measures imposed by the competent authorities on the specified date.
Article (43):
The employment contract shall terminate in any of the following cases:
Expiration of its term or completion of the agreed upon work.
Death of the worker.
The worker's inability to perform his work.
Resignation, dismissal, or leaving work in accordance with the provisions of this law.
The worker becomes ill due to an illness that necessitates his absence from work for a continuous or separate period of not less than ten weeks within one year.
The worker’s disability or illness shall be proven by a medical certificate, and age shall be proven by the same instrument if it is not possible to prove it by the birth certificate or an official extract from it. The medical certificate shall be issued by the medical committee formed by a decision of the Minister of Health in coordination with the Minister for the purposes of implementing the law. This decision shall include the organization of work procedures. Its decisions are final.
The contract may not be terminated by the employer until the worker reaches at least sixty years of age.
In the event that the contract is terminated for one of the aforementioned reasons, the employer must pay the reward stipulated in Article (39) to the worker or to his beneficiaries if the worker is not subject to the provisions of the Social Insurance Law.
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Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.6%
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