إسأل Attorney الآن
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.9%
Lawyer
I just came to oman on work Visa but i want to...
I just came to oman on work Visa but i want to cancel my visa... what's the process..
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Bark tul mouz near nizwa
Lawyer's Assistant: Has anything been filed or reported?
No no just i decided that i want to cancel from here then direct go to Dubai on visit is it possible
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
May i cancel my visa and can go to Dubai
إطرح سؤالك
إجابة الخبير: Fatima Abd El-Wahhab
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.9%
Regarding your inquiry about ways to terminate work according to the Omani Labor Law, please note that if the work contract is for a fixed term, the work 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. It can also be terminated by amicable agreement between the two parties. The term can be terminated by either party, provided that the other party is notified one month before the termination. The work may also be terminated without notice in the event of a serious mistake by the other party. The contract may also be terminated for both parties during the probationary period of three months at most.
In this regard, Omani law stipulates the following:
Article (24):
A probationary worker may not be appointed for a period of more than three months for those who receive their wages on a monthly basis, and for a period of more than one month for those who receive their wages otherwise.
A worker under probation may not be appointed more than once with the same employer. The probationary period shall be entered if the worker passes it in the period of service.
In all cases, the probationary period, if any, must be specified in the work contract.
Either party to the contract may terminate it during the probationary period if it appears to him that it is not appropriate to continue the work, after notifying the other party with at least seven days
Article (37):
If the contract is for an indefinite period, each of the two parties may terminate it after notifying the other party in writing thirty days before the expiry 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 terminating the contract shall pay to the other party a compensation equal to the comprehensive salary for the period of the grace period or the remaining part of it.
Article (38):
The notice issued by the employer to the worker of termination of the contract in the event that the worker is on vacation or an official holiday shall not take effect until the day following the end of the leave or vacation.
Article (40):
The employer may dismiss the worker without prior notification and without end of service gratuity in any of the following cases:
If he assumes an incorrect identity or resorts to fraud to obtain employment.
If he commits a mistake that results in a serious material loss to the employer, provided that the latter informs the competent department of the incident within three days from the date of his knowledge of its occurrence.
If he did not observe the instructions required to be followed for the safety of workers and the workplace despite being warned in writing, provided that these instructions were written and hung in a conspicuous place, and their violation would cause serious harm to the workplace or workers.
If he is absent without an acceptable excuse from his work 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 the secrets of the establishment in which he works.
If he is finally convicted of a felony or misdemeanor breaching honor or trust, or a misdemeanor committed at the workplace or while it is being carried out.
If he is found during working hours in a state of intoxication or under the influence of narcotics or psychotropic substances.
If he assaults the employer or the responsible manager, or if he commits a serious assault against one of his superiors during or because of work, or if he assaults one of his colleagues at the work site and this results in illness or disruption from work for a period of more than ten days.
If the worker seriously breaches his obligation to perform the work agreed upon in his work contract
Article (41):
The worker may leave the work before the end of the contract term while retaining all his rights after notifying the employer of this in any of the following cases:
If the employer or his representative has deceived him at the time of contracting with regard to the terms of work.
If the employer does not fulfill his essential obligations towards the worker in accordance with the provisions of this law and the work contract.
If the employer or his representative commits an immoral act 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 safety or health of the worker, 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 time specified for them.
Article (43):
The work contract ends in any of the following cases:
Expiry of its term or completion of the work agreed upon.
The 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’s illness is 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 thereof. Its decisions are final.
The contract may not be terminated by the employer unless the worker reaches the age of sixty at least.
In the event of termination of the contract for one of the reasons referred to, the employer shall pay the remuneration stipulated in Article (39) to the worker or to those entitled on his behalf 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 of more than three months for those who receive their wages on a monthly basis, and for a period of more than one month for those who receive their wages otherwise.
A worker under probation may not be appointed more than once with the same employer. The probationary period shall be entered if the worker passes it in the period of service.
In all cases, the probationary period, if any, must be specified in the work contract.
Either party to the contract may terminate it during the probationary period if it appears to him that it is not appropriate to continue the work, after notifying the other party with at least seven days
Article (37):
If the contract is for an indefinite period, each of the two parties may terminate it after notifying the other party in writing thirty days before the expiry 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 terminating the contract shall pay to the other party a compensation equal to the comprehensive salary for the period of the grace period or the remaining part of it.
Article (38):
The notice issued by the employer to the worker of termination of the contract in the event that the worker is on vacation or an official holiday shall not take effect until the day following the end of the leave or vacation.
Article (40):
The employer may dismiss the worker without prior notification and without end of service gratuity in any of the following cases:
If he assumes an incorrect identity or resorts to fraud to obtain employment.
If he commits a mistake that results in a serious material loss to the employer, provided that the latter informs the competent department of the incident within three days from the date of his knowledge of its occurrence.
If he did not observe the instructions required to be followed for the safety of workers and the workplace despite being warned in writing, provided that these instructions were written and hung in a conspicuous place, and their violation would cause serious harm to the workplace or workers.
If he is absent without an acceptable excuse from his work 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 the secrets of the establishment in which he works.
If he is finally convicted of a felony or misdemeanor breaching honor or trust, or a misdemeanor committed at the workplace or while it is being carried out.
If he is found during working hours in a state of intoxication or under the influence of narcotics or psychotropic substances.
If he assaults the employer or the responsible manager, or if he commits a serious assault against one of his superiors during or because of work, or if he assaults one of his colleagues at the work site and this results in illness or disruption from work for a period of more than ten days.
If the worker seriously breaches his obligation to perform the work agreed upon in his work contract
Article (41):
The worker may leave the work before the end of the contract term while retaining all his rights after notifying the employer of this in any of the following cases:
If the employer or his representative has deceived him at the time of contracting with regard to the terms of work.
If the employer does not fulfill his essential obligations towards the worker in accordance with the provisions of this law and the work contract.
If the employer or his representative commits an immoral act 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 safety or health of the worker, 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 time specified for them.
Article (43):
The work contract ends in any of the following cases:
Expiry of its term or completion of the work agreed upon.
The 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’s illness is 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 thereof. Its decisions are final.
The contract may not be terminated by the employer unless the worker reaches the age of sixty at least.
In the event of termination of the contract for one of the reasons referred to, the employer shall pay the remuneration stipulated in Article (39) to the worker or to those entitled on his behalf if the worker is not subject to the provisions of the Social Insurance Law
إسأل Attorney
Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.9%
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