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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

How I can compute my graduity from Aug. 2017 till...

تم تقييم هذه الإجابة:
How I can compute my graduity from Aug. 2017 till April 2022,i did not even take my 1month leave with pay also my ticket from previous year? Thank you in advance
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?
No nothing
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Only that please

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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 referring to the Omani Labor Law, you have the right to claim the end-of-service indemnity, unless the termination of work is due to an offense that would deprive you of it.
Article 39 stipulates:
The employer shall pay this remuneration to the employees whose service has expired. Through our reading of the aforementioned article, we see that the legislator has stated conditions that must be met in order for the worker to be entitled to the end of service gratuity, namely:
1- The worker shall not be one of the persons who benefit from the provisions of the Social Insurance Law.If this worker benefits from the Social Insurance Law, he shall not be entitled to such remuneration as the employer is obliged to register this worker with the General Organization for Social Insurance and to pay the monthly contributions determined by the Authority for this worker. The expatriate workforce is the largest group benefiting from the end of service benefits, as well as the intervention of the national workforce over the age of sixty from the category of beneficiaries of the end of service benefits since the system with social insurance does not allow registration of this category Upon reaching the age of sixty as long as they were not registered with the Authority before it reached this age.
2. The term of service of the worker with the employer shall not be less than one year. Workers whose service has not reached one year shall not be entitled to end of service benefits.
3. The service of the worker shall be continuous with the employer, ie the worker has continued to work for a continuous period of not less than one year as a minimum so if a worker worked for an employer for ten months and then ended their employment relationship, then he returned with the same former employer and began another business relationship with him in this case, the calculation of the duration of the continuous work begins with the beginning of the second working relationship without counting the previous ten months because the first working relationship was not continuous with the second working relationship.
4. The reason for the termination of the employment relationship between the two parties shall not be one of the reasons mentioned in Article (40) of the Labor Law, which gives the employer the right to deprive the worker of the end of service indemnity even if the other conditions of eligibility mentioned above are met.
The end of service gratuity is calculated based on the last basic wage received by the worker before the end of his service, and the worker shall be entitled to half of the basic wage for each of the first three years of employment with the employer and the basic wage is also entitled to one month for each year starting from the fourth year of continuous service with the employer and Fraction of the year is also calculated by the amount of time spent in the service.
** This is in accordance with the legal text on the remuneration and how to calculate it

الرد من العميل

What about my my annual leave and ticket I didn't use it, I continued work,not get anything

الرد من العميل

When finish contract and transfer another job can I get also my annual leave with pay?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

With regard to annual leave and flight tickets, they are the right of the worker if stipulated in the work contract, and therefore he must pay the cash consideration for it.
According to the law, and in the event of refusal, a complaint can be submitted to the labor office and demanded, with attention to the entitlement of the annual leave that the worker has exceeded the period of one year in the service of the employer

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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