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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

sir on 13 august employer ask me to sign anual...

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sir on 13 august employer ask me to sign anual leave paper of 6 days and u have to sleep in room not to go home stay at oman after that do duty we will deduct anual gradiuty at that time its company policy so i sign now on 20 august my leave finished now they are not giving me duty by saying that we dont have work so u have to go on long leave to home of 5 months i am in a construction company and i have finished 7 months here with company
Lawyer's Assistant: Where are you located? It matters because laws vary by location
omaan
Lawyer's Assistant: Has anything been filed or reported?
not yett
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
yeah i want to ask what legal rights i have, i doesnt want,s to go home i want to work they are sending me by force i have 2 years aggrement with them

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Omani Labor Law, states that the termination without notice or legal reason is considered arbitrary dismissal and the employer shall pay compensation to the worker as the below article states:
Article 106:
An employee who has been dismissed from work may apply to the concerned Directorate within 15 days from the date he has been notified of the dismissal of his notice, to cancel the decision of dismissal. The concerned authority shall take the necessary measures to settle the dispute amicably. The directorate must reduce it to writing and follow up its execution. If the employer refuses to execute the agreed settlement, he shall be obliged to pay an amount equivalent to the employee's salary for the period from the date of settlement until the date he executes the same. If the dispute is not settled within two weeks, or if settled and any of the parties refuse to execute it, the concerned authority shall refer the matter to the competent court within a period not exceeding two weeks from the date of the expiry of the aforesaid period or from the date of the refusal to execute it, together with a memorandum containing a summary of the dispute and the parties' arguments.
The Secretariat of the court shall, within three days from the date the matter is referred to the court, present the same to the president of the court to fix a date for a hearing within a period not exceeding two weeks from the date of referral. A summons for the date of hearing, with enclosed copy of the said Directorate memorandum, shall be served on the employee, the employer and the concerned Directorate. The court shall make a decision in respect of the application for staying the execution of such dismissal, if any, within a period not exceeding two weeks from the date of the first hearing session and the court judgment shall be final. If the court decides to stop the enforcement of the dismissal, the employer shall be bound to reinstate the employee or to pay him an amount equal to his salary until the subject matter of the dispute is adjudicated. The court shall pass its judgment on the dispute within a period not exceeding one month from the date the enforcement of the dismissal is stayed.
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 fair compensation in addition to:
The end of service gratuity to which the employee is lawfully entitled and all other benefits prescribed by the law or the contract of employment, whichever is greater.
The basic salary together with the other allowances, if any, for the notice period provided for by the Law or the contract of employment, whichever is greater.
The amounts which the employee may have received in execution of the judgment, shall be deducted from the compensation amount awarded to the employee or from any other amounts due to him.

الرد من العميل

Dear sir! company took sign from me on anual leave of 6 days from 14 august 2021 to 20 august 2021 that are finished they said me that its company policy we will deduct anual graduty i was bounded so i signed paper, now they are verbly saying me to go long leave to hometown they havent given me any notice yett,

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The complaint can be submitted before the labor office, as it is the competent authority, and for violating the provisions of the Labor Law, since it has the jurisdiction to end the labor dispute, and it is the one who obliges the employer to the work contract, otherwise it is considered an arbitrary dismissal

الرد من العميل

dear sir have they any benifit of that anual leave paper that they took sign from me of 6 days leave of 14 august to 20 august.. or they will send me on long leave on the base of that leave paper ??

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, it is not valued by the employer, as long as the leave has been completed and the specified period for it has expired. It is not permissible to extend it or force the worker to take a long leave, and this is against the law.

الرد من العميل

sorry sir and apology, now verbly they are saying me to go long leave of 5 months we dont have work they havent given me any written letter now i am in the room they havent given me duty now what i have to do plz guide me and thanks

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, submitting a complaint is the correct legal procedure with a statement refusing to hand you over the work for the purposes of legal processing with the knowledge of this body

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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