إسأل Attorney الآن
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
Lawyer
Hiii
Hiii
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Muscat oman
Lawyer's Assistant: Has anything been filed or reported?
I am working in oman my visa expired but company not giving leave salary and my final settlement
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No
إطرح سؤالك
إجابة الخبير: Mohammad Abd Alrazeq
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
We would like to inform you that if you were working and your visa has expired, and the company you were working with has not given you your leave salary and final settlement, you can file a complaint against the employer in the specialized labor office with a request to compel the employer to pay the balance of your leave allowance and gratuity.
This is in accordance with the provisions of the Omani Labor Law, which states:
Article 64:
An employee will be entitled to the basic salary of the remaining leave days if he leaves the employment before making use of such days.
Article 65:
The employee is entitled to his gross salary during the holidays of festivals and occasions which will be determined by a decision from the Minister.
If an official holiday coincides with a prescribed weekly rest day, it shall be compensated by one other day.
However, if the official holiday falls within the period of the employee's annual leave, the employee will not be entitled to any compensation in respect thereof.
An employee may, if the circumstances of the work so require, be asked to report to work on an official holiday in which case he will be entitled to either receive his gross salary for the official holiday with an excess of not less than 25%, or take a rest day instead of it.
Article (106):
The worker who has been dismissed from work may within fifteen days of the date of his notification of the decision apply to the relevant directorate, to annul the dismissal decision. The directorate shall take the necessary steps to settle the dispute amicably, and if a settlement is reached the directorate shall record it and pursue the implementation thereof. An employer who refuses to implement the settlement shall be obliged to pay an amount equal to the worker's wage for the period from the date of the settlement until the date on which he implement it. If a settlement is not reached within two weeks, or has been reached and one of the parties refuses to implement it, the relevant directorate shall refer the matter to the competent court within a period not exceeding two weeks from the expiry of the said period or from the date of such refusal. The referra; shall be supported by a memorandum including a summary of the dispute and the parties' arguments. The secretariat of the Court shall put the matter before the President of the Court within three days from the date on which it is referred, in worker to fix a session to hear it within a period not exceeding two weeks from the date of referral. The worker, the employer and the relevant directorate shall be notified of the session, and the notification shall be accompanied by a copy of the directorate's memorandum. The court shall decide on the application for stay of the execution of dismissal, if any, within a period not exceeding two weeks from the date of first hearing and its judgment shall be final. If the Court workers the stay of execution of the dismissal, the employer shall be bound to reinstate the worker or to pay him an mount equal to his wage until the final adjudication of the dispute. The court shall pass a judgment on the dispute within a period not exceeding one month from the date of the order staying the execution of the dismissal. If it is proved to the court that the dismissal of the employee or the termination of his services was arbitrary or contrary to the Law, it may decide to either reinstate the employee or oblige the employer to pay him compensation of not less than three month to be calculated according to the last full salary he received taking into consideration the conditions of the employee and his period of service, in addition to: 1) The end of service gratuity to which the employee is lawfully entitled and all other benefits prescribed by the law or the work contract, whichever is higher. 2) The basic salary together with the other allowances, if any, for the notice period provided for by the Law or the work contract, whichever is higher. The amounts which the worker might have received as a result of execution of the order staying the execution shall be deducted from the amount of compensation awarded in favour of the worker or from any other amounts payable to him.
Article (107):
The worker who has a complaint shall first follow the procedure laid down by the employer, and if such procedure does not exist or if it exists but does not result in the redressal of the worker's grievance, the worker may apply to the relevant directorate in order to endeavour to reach a settlement for the dispute between him and the employer in accordance with the provisions of the above article.
This is in accordance with the provisions of the Omani Labor Law, which states:
Article 64:
An employee will be entitled to the basic salary of the remaining leave days if he leaves the employment before making use of such days.
Article 65:
The employee is entitled to his gross salary during the holidays of festivals and occasions which will be determined by a decision from the Minister.
If an official holiday coincides with a prescribed weekly rest day, it shall be compensated by one other day.
However, if the official holiday falls within the period of the employee's annual leave, the employee will not be entitled to any compensation in respect thereof.
An employee may, if the circumstances of the work so require, be asked to report to work on an official holiday in which case he will be entitled to either receive his gross salary for the official holiday with an excess of not less than 25%, or take a rest day instead of it.
Article (106):
The worker who has been dismissed from work may within fifteen days of the date of his notification of the decision apply to the relevant directorate, to annul the dismissal decision. The directorate shall take the necessary steps to settle the dispute amicably, and if a settlement is reached the directorate shall record it and pursue the implementation thereof. An employer who refuses to implement the settlement shall be obliged to pay an amount equal to the worker's wage for the period from the date of the settlement until the date on which he implement it. If a settlement is not reached within two weeks, or has been reached and one of the parties refuses to implement it, the relevant directorate shall refer the matter to the competent court within a period not exceeding two weeks from the expiry of the said period or from the date of such refusal. The referra; shall be supported by a memorandum including a summary of the dispute and the parties' arguments. The secretariat of the Court shall put the matter before the President of the Court within three days from the date on which it is referred, in worker to fix a session to hear it within a period not exceeding two weeks from the date of referral. The worker, the employer and the relevant directorate shall be notified of the session, and the notification shall be accompanied by a copy of the directorate's memorandum. The court shall decide on the application for stay of the execution of dismissal, if any, within a period not exceeding two weeks from the date of first hearing and its judgment shall be final. If the Court workers the stay of execution of the dismissal, the employer shall be bound to reinstate the worker or to pay him an mount equal to his wage until the final adjudication of the dispute. The court shall pass a judgment on the dispute within a period not exceeding one month from the date of the order staying the execution of the dismissal. If it is proved to the court that the dismissal of the employee or the termination of his services was arbitrary or contrary to the Law, it may decide to either reinstate the employee or oblige the employer to pay him compensation of not less than three month to be calculated according to the last full salary he received taking into consideration the conditions of the employee and his period of service, in addition to: 1) The end of service gratuity to which the employee is lawfully entitled and all other benefits prescribed by the law or the work contract, whichever is higher. 2) The basic salary together with the other allowances, if any, for the notice period provided for by the Law or the work contract, whichever is higher. The amounts which the worker might have received as a result of execution of the order staying the execution shall be deducted from the amount of compensation awarded in favour of the worker or from any other amounts payable to him.
Article (107):
The worker who has a complaint shall first follow the procedure laid down by the employer, and if such procedure does not exist or if it exists but does not result in the redressal of the worker's grievance, the worker may apply to the relevant directorate in order to endeavour to reach a settlement for the dispute between him and the employer in accordance with the provisions of the above article.
إسأل Attorney
Mohammad Abd Alrazeq
Attorney
الأسئلة المجابة 27510 | نسبة الرضا 98.6%
- 100% ضمان الرضا
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