إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
our employer delayed our salary every month now he...
our employer delayed our salary every month now he keeps on giving us false reassurance..how can we complain this?we have family in the phils..
Lawyer's Assistant: Where are you located? It matters because laws vary by location
dammam
Lawyer's Assistant: Has anything been filed or reported?
not yet..we want to go to saudi labor tomorw..
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
they are holding our pasport
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Dear Customer,
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according the Omani Law, the employer can’t take the worker’s passport, so you can claim for it, and if they refused then you can file a complaint in the labor office to prove the violation, as it is just allowed to the governmental companies to take the passport with legal reason, otherwise it is legal violation.
However, the law permits that the passport be held at any government department affiliated to the Ministry of Interior, with the legal justification for the reservation. Otherwise, it is considered illegal. This is contrary to the employers in the private sector who are prohibited from holding their workers' passports
Article (90)
1. The worker's wage and any amount due in the official currency of the country shall be paid according to the following provisions
A. Daily workers: their wages are paid at least once a week.
B. Workers with monthly wages: Their wages shall be paid once a month.
C. If the work is performed by a piece and needs more than two weeks, the worker must receive a payment every week which is suitable with his work and the rest of the wage is paid out during the week following the delivery of the work.
D. In any case, workers are paid at least once a week.
2. Establishments shall be required to pay wages in workers' accounts through the approved banks in the Kingdom, provided they do not exceed
the dates specified above, and the Minister may exclude some of the establishments from that.
*** Therefore, it is possible to go to the Labor Office and submit a complaint and claim the due wage
The law also gives the worker the right to leave the job in accordance with article 81. The worker is entitled to leave work without notice, while retaining all his statutory rights, in any of the following cases:
(1) If the employer fails to fulfill his essential contractual or legal obligations to the worker.
2. If it is proved that the employer or his representative has been subjected to fraud at the time of the contract with respect to the terms and conditions of the work.
3. If the employer, without his consent, assigns a work substantially different from the work agreed upon, and contrary to the provisions of the article sixty of this system.
4. If an employer or a member of his or her family, or the responsible director, has committed a violent attack or conduct deliberate towards the worker or his family member
5 - If the treatment of the employer or the manager responsible for manifestations of cruelty and unfairness or insult
6. If at the place of work there is a serious danger to his or her working safety or health, provided that the employer has been informed and no action has been taken to indicate its removal.
7 - If the employer or his representative has paid the worker in his actions and in particular his unfair treatment or his violation to the terms of the contract until it is apparent that the worker has terminated the contract
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according the Omani Law, the employer can’t take the worker’s passport, so you can claim for it, and if they refused then you can file a complaint in the labor office to prove the violation, as it is just allowed to the governmental companies to take the passport with legal reason, otherwise it is legal violation.
However, the law permits that the passport be held at any government department affiliated to the Ministry of Interior, with the legal justification for the reservation. Otherwise, it is considered illegal. This is contrary to the employers in the private sector who are prohibited from holding their workers' passports
Article (90)
1. The worker's wage and any amount due in the official currency of the country shall be paid according to the following provisions
A. Daily workers: their wages are paid at least once a week.
B. Workers with monthly wages: Their wages shall be paid once a month.
C. If the work is performed by a piece and needs more than two weeks, the worker must receive a payment every week which is suitable with his work and the rest of the wage is paid out during the week following the delivery of the work.
D. In any case, workers are paid at least once a week.
2. Establishments shall be required to pay wages in workers' accounts through the approved banks in the Kingdom, provided they do not exceed
the dates specified above, and the Minister may exclude some of the establishments from that.
*** Therefore, it is possible to go to the Labor Office and submit a complaint and claim the due wage
The law also gives the worker the right to leave the job in accordance with article 81. The worker is entitled to leave work without notice, while retaining all his statutory rights, in any of the following cases:
(1) If the employer fails to fulfill his essential contractual or legal obligations to the worker.
2. If it is proved that the employer or his representative has been subjected to fraud at the time of the contract with respect to the terms and conditions of the work.
3. If the employer, without his consent, assigns a work substantially different from the work agreed upon, and contrary to the provisions of the article sixty of this system.
4. If an employer or a member of his or her family, or the responsible director, has committed a violent attack or conduct deliberate towards the worker or his family member
5 - If the treatment of the employer or the manager responsible for manifestations of cruelty and unfairness or insult
6. If at the place of work there is a serious danger to his or her working safety or health, provided that the employer has been informed and no action has been taken to indicate its removal.
7 - If the employer or his representative has paid the worker in his actions and in particular his unfair treatment or his violation to the terms of the contract until it is apparent that the worker has terminated the contract
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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