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Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.9%
Lawyer
Do i have to pay my emplooyee for my resident...
Do i have to pay my emplooyee for my resident card,and medical lab.but i am a direct hire in company.!do i have to pay when i quit my job.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
im here in muscat,oman
Lawyer's Assistant: Has anything been filed or reported?
not yet,im just inquiring now on what possible i can do if ever i quit my job here
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
do i have to pay the lawyer if u connect me..because i do not have yet money here now
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إجابة الخبير: Fatima Abd El-Wahhab

Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.8%
Regarding your inquiry about the methods of terminating employment in accordance with the Omani Labor Law, please note that if the employment contract is for a limited period, the work is supposed to end after the end of its period so that the terminating party does not have to pay financial compensation to the other party. Termination can also be done by amicable agreement between the two parties, but in non-term contracts The period can be terminated by either party, provided that the other party is notified a month before termination. The work may also be terminated without notice in the event of a serious error on the part of the other party. The contract may also be terminated for both parties during the probationary period of three months at most.
That is, you do not have to pay any sums of money to the employer when terminating the work, except in the case of violating the previous cases, i.e. illegal termination
In this regard, Omani law stipulates the following:
Article (24):
A worker may not be appointed under probation for a period exceeding three months for those who receive their wages monthly, and for a period exceeding one month for those who receive their wages otherwise.
A worker under probation may not be appointed more than once with the same employer. If the worker passes it, the probationary period shall be included in the period of service.
In all cases, the probationary period, if any, must be specified in the employment contract.
Either party to the contract may terminate it during the probationary period if it finds it inappropriate to continue working, after notifying the other party of at least seven days.
Article (37):
If the contract is of an indefinite period, each of the two parties may terminate it after notifying the other party in writing thirty days prior to the expiry date for workers who are paid monthly 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 who terminates the contract shall be required to pay to the other party compensation equal to the gross salary for the period of grace period or the remaining part thereof.
Article (38):
The notice issued by the employer to the worker to terminate the contract in the event that the worker is on leave or an official holiday shall only be effective from the day following the end of the leave or holiday
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 impersonates an incorrect person or resorts to forgery to obtain a job.
If he commits a mistake that results in a huge 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 does not observe the instructions that must be followed for the safety of the workers and the workplace, despite being warned in writing, provided that these instructions are written and posted in a conspicuous place, and violating them would cause serious damage to the workplace or the 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 involving dishonor or dishonesty, or a misdemeanor committed in the workplace or during work.
If he is found, during working hours, drunk or under the influence of a narcotic or psychotropic substance.
If he commits an assault on the employer or the responsible manager, or if he commits a serious assault on one of his superiors during or because of work, or if he assaults one of his colleagues at the work site, and that results in illness or absence from work for a period of more than ten days.
If the worker seriously breaches his obligation to perform his work as agreed upon in his work contract
Article (41):
The worker may leave the work before the end of the contract period while retaining all his rights after notifying the employer of that in any of the following cases:
If the employer or his representative has cheated him at the time of contracting with regard to work conditions.
If the employer does not fulfill its 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 against the worker or a member of his family.
If he is assaulted by the employer or his representative.
If there is a grave danger that threatens the safety or health of the worker, provided that the employer is aware of the existence of this danger and fails to implement the prescribed measures imposed by the competent authorities on the date specified for them.
Article (43):
The work contract ends in any of the following cases:
Expiration of its term or completion of the agreed work.
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 a disease that necessitates his absence from work for a continuous or separate period of not less than ten weeks within one year.
Proof of the worker’s disability or sickness shall be by means of a medical certificate, as well as proof of age by the same tool if it is not possible to prove it by means of a birth certificate or an official extract therefrom. The medical certificate shall be issued by the medical committee formed by a decision of the Minister of Health in coordination with the Minister for the purposes of implementing the law, and this decision shall include the organization of work procedures. 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 the termination of the contract for one of the aforementioned reasons, the employer shall pay the gratuity stipulated in Article (39) to the worker or to his beneficiaries if the worker is not subject to the provisions of the Social Insurance Law.
That is, you do not have to pay any sums of money to the employer when terminating the work, except in the case of violating the previous cases, i.e. illegal termination
In this regard, Omani law stipulates the following:
Article (24):
A worker may not be appointed under probation for a period exceeding three months for those who receive their wages monthly, and for a period exceeding one month for those who receive their wages otherwise.
A worker under probation may not be appointed more than once with the same employer. If the worker passes it, the probationary period shall be included in the period of service.
In all cases, the probationary period, if any, must be specified in the employment contract.
Either party to the contract may terminate it during the probationary period if it finds it inappropriate to continue working, after notifying the other party of at least seven days.
Article (37):
If the contract is of an indefinite period, each of the two parties may terminate it after notifying the other party in writing thirty days prior to the expiry date for workers who are paid monthly 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 who terminates the contract shall be required to pay to the other party compensation equal to the gross salary for the period of grace period or the remaining part thereof.
Article (38):
The notice issued by the employer to the worker to terminate the contract in the event that the worker is on leave or an official holiday shall only be effective from the day following the end of the leave or holiday
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 impersonates an incorrect person or resorts to forgery to obtain a job.
If he commits a mistake that results in a huge 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 does not observe the instructions that must be followed for the safety of the workers and the workplace, despite being warned in writing, provided that these instructions are written and posted in a conspicuous place, and violating them would cause serious damage to the workplace or the 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 involving dishonor or dishonesty, or a misdemeanor committed in the workplace or during work.
If he is found, during working hours, drunk or under the influence of a narcotic or psychotropic substance.
If he commits an assault on the employer or the responsible manager, or if he commits a serious assault on one of his superiors during or because of work, or if he assaults one of his colleagues at the work site, and that results in illness or absence from work for a period of more than ten days.
If the worker seriously breaches his obligation to perform his work as agreed upon in his work contract
Article (41):
The worker may leave the work before the end of the contract period while retaining all his rights after notifying the employer of that in any of the following cases:
If the employer or his representative has cheated him at the time of contracting with regard to work conditions.
If the employer does not fulfill its 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 against the worker or a member of his family.
If he is assaulted by the employer or his representative.
If there is a grave danger that threatens the safety or health of the worker, provided that the employer is aware of the existence of this danger and fails to implement the prescribed measures imposed by the competent authorities on the date specified for them.
Article (43):
The work contract ends in any of the following cases:
Expiration of its term or completion of the agreed work.
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 a disease that necessitates his absence from work for a continuous or separate period of not less than ten weeks within one year.
Proof of the worker’s disability or sickness shall be by means of a medical certificate, as well as proof of age by the same tool if it is not possible to prove it by means of a birth certificate or an official extract therefrom. The medical certificate shall be issued by the medical committee formed by a decision of the Minister of Health in coordination with the Minister for the purposes of implementing the law, and this decision shall include the organization of work procedures. 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 the termination of the contract for one of the aforementioned reasons, the employer shall pay the gratuity stipulated in Article (39) to the worker or to his beneficiaries if the worker is not subject to the provisions of the Social Insurance Law.
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Fatima Abd El-Wahhab
Attorney
الأسئلة المجابة 29736 | نسبة الرضا 97.9%
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