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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hello!I have a friend who was brought in to Oman...

تم تقييم هذه الإجابة:
Hello!I have a friend who was brought in to Oman by a sponsor to work for him, but for over two months since he came, he hasn't been introduced to the job and the boss doesn't even care about his well-being not even feeding those he provide for him. Please what could he do about the situation?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Musana
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Nothing more for now

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46684 | نسبة الرضا 98.5%

We would like to inform you that if your friend was brought to Oman and the residence procedures weren't completed yet, then he can file a complaint in the labor office via the link below:
Note that the work visa is granted by the employer request and responsibility for the foreigner who comes for work.  Also, the Ministry of Labor  issues a license for that if the employer wasn't governmental. 
The visa validity is 2 years once the visa is stamped on the passport. 
 
 

الرد من العميل

Good evening!Thanks for the respond.He's actually interested in filing a complaint, on the contrary, he fears the fact that he might be repatriated. Is there any possibility that instead of being repatriated, he could get another job?Again, for the months spent already, is it proper for him to demand salary?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%


It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according to the Omani Labor Law, which provided the legal protection of wages and therefore non-payment of salaries or delaying it, considered a legal comment to the Labor Law and Labor Contract, therefore it is necessary to file a complaint in front of the Labor Office with a bank statement showing the date of filing the last salary that was deposited in your account:
Article 53:
The employer shall not be discharged from the wage of the worker unless the employer transfers the wage of the worker to his account at one of the approved local banks.
The main objectives of the system are as follows:
At the labor force level:
Ensure that the worker receives his wages in the time specified in the Labor Law and to the extent agreed upon.
Ensure the registration of the national workforce in social insurance and ensure the payment of their contributions.
The system contributes to facilitating the research and settlement of workers' wage disputes by providing wage transfer data to researchers.
Article 30:
Wages shall be paid on one working day and in the same place, subject to the following provisions:
- Workers hired for a month's wages are paid at least once a month.
- If the wage is a piece of work and requires work for more than a week, it must be
Every week, the worker receives a payment under his account commensurate with his work
And to pay him the rest of the salary during the following week to end the cost of those who worked.
In other cases, workers pay their wages once a week,
However, it may be performed once a week or every month if they agree
In writing, in all cases the performance of the pay shall be performed within seven days
From the end of the period to which it is entitled, and by a decision of the Minister may set a date
The worker's wages shall be paid in the establishments subject to the provisions of this law before the date set for them on the occasion of the national and official holidays

الرد من العميل

Thanks for the response!What I actually want to know is this:Considering the fact that an expert or a foreign worker is brought in to Oman to work, he has a two years work visa. He was received by his sponsor, offered accommodation and also being provided with the resident card (all these taken care of by his sponsor). He has been in Oman for like 3 months or so, but still hasn't been introduced to the job he was brought in to do. With no income, he has to call his family from his home country for financial assistance in order to meet up with daily needs such as feeding. Assuming he files a complaint to the labor office;1) Would he be repatriated or could he find another job?2) Can he demand compensation for the past 3 months?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, and according to the Omani labor law regulating the nature of the contractual relationship, in the event of submitting a complaint to the employer for violating the provisions of the work contract, it is possible for him to grant you permission to change the workplace and obtain a new residence without the condition of obtaining a non-objection from the employer, all of this is conditional on the existence of the violation. The first three months that the work has been completed can request the salary due to you without any other rights, since in the event that a complaint is submitted, whoever is punished and imposes the punishment is the labor office on the employer, where a fine may be imposed on him and prevented from recruiting for a specific period of time.

الرد من العميل

Thank you.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We are always happy to contact you in the legal department

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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