This new directive, issued by the Minister of Labor, introduces updated rules for reconciliation for Labor Law Violations under Royal Decree No. 53/2023. Ministerial Decision No. 45/2024 replace the Ministerial Decision No. 561/2009. The aim is to streamline the reconciliation process and clarify when the legal proceedings can be avoided.
Reconciliation Process and Financial Penalties Violators can opt for reconciliation by paying a fine equal to one-quarter of the maximum penalty for their violation. Once the reconciliation request is approved, the fine must be paid within 15 days; otherwise, the reconciliation will be cancelled.
Submission and Decision on Requests Reconciliation requests must be submitted using the designated form. The Ministry will decide on these requests within 15 days. If no decision is made within this timeframe, the request is deemed rejected.
Special Cases for Double Fines For violations subject to a double fine under Article 143 of the Labor Code, reconciliation requires a payment of 1,000 Omani riyals.
Deportation of Non-Omani Workers Non-Omani workers who reconcile must be deported and barred from re-entering Oman if they:
- Work in professions reserved for Omani nationals, unless their employer hires an Omani replacement.
- Leave their job or entered Oman illegally. Employers must cover the costs of deportation.
Timelines for Reconciliation For violations committed by individuals in custody, reconciliation must be completed within 7 working days from the violation date. This period may be extended once for an additional 7 days.
Post-Reconciliation Obligations Reconciliation does not clear the violator of responsibility. They must correct the violation and fulfil legal obligations within 30 days of reconciliation.
Implications for Employers and Workers
Ministerial Decision No. 45/2024 marks a significant update in labour law enforcement. Employers and workers should familiarize themselves with these new reconciliation procedures and deadlines to avoid penalties and ensure compliance with Omani labour regulations.
For more information or assistance with labour law matters, contact Basma Al Sumoom Advocates & Legal Consultants. Our team is dedicated to helping you understand and implement these new regulations effectively.
Oman Labour Law Royal Decree 53/2023
Ministerial Decision No. 45/2024
New procedures and controls for Labor Law Violations
