Ministry of Man Power Article 2022

Section B/ Q1/a
Under the article of Ministry of Manpower 286/2008 the regulation of occupational safety and health
for workers aims for regulatory provision:
1. Improving quality of health and safety at work
2. Protecting workers from common workplace risks
3. The Law consists of 43 Documents addressing a broad variety of topics, including: illumination,
cooling, heat stress, noise, clothing, personal protective devices, first aid and occupational
diseases.
4. Workplaces must encourage good health by encouraging nutritious eating and physical exercise
in the workplaces.
5. Restricting smoke at work
6. Improving the psychological stability and social cohesion of employees
And according to Article 15, Occupational Safety Assessment specifies that work clothing and personal
protection equipment must conform with the defined safety requirements needed, based on the
particular dangers to which employees are subjected, and that the contractor shall educate staff on the
proper ways of using, retaining and preserving such equipment and, respectively, a conspicuous sign in
the applicable areas.
In addition, employees are not permitted to work on building projects or open high-temperature
environments at noon, from 12:30 p.m. to 3:30 p.m. during June, July and August, and the Legislation
lays out a list of steps that contractors need to enforce to mitigate workplace injuries and vulnerability
to various risks and dangers, including fire, mechanical and electrical risks, chemical alert.
Furthermore, Article 19 of the law specifies that the employer is required to carry out a medical
evaluation of employees assigned to work, which could subject them to the possibility of occupational
injury, in order to maintain their physical, mental and psychological fitness to function, and Article 20
allows the employer to carry out a periodic medical review for employees subjected to occupational
disease.
Section B/Q1/b
Under article 43 covering a wide range of issues including lighting, ventilation, heat stress, noise,
uniforms, personal protection equipment, first aid and occupational diseases:
Lighting:
1. Employers must provide appropriate, suitable, natural or artificial lighting to be spread equally
in the workplace.
2. In comparison to the emergency lighting system, in the event of a malfunction in regular
lighting.
3. The lighting system must clearly indicate that there is an emergency so that staff can find and
use it.

4. The location of fire detectors and fire extinguishers shall be clearly identified.
Ventilation:
Contaminated air shall be eliminated by having a natural or artificial ventilation device that offers fresh
air in the office, and by utilizing local ventilation where emissions sources occur, in addition to efficiently
drawing the contaminated air out.
In addition, the Law further defines the minimum concentration of oxygen, air velocity and the overall
degree of relative humidity in the workplace.
Noise:
In order to shield employees from exposure to noise, loud activities that exceed the acceptable
thresholds must be separated from employees, or sound-insulated rooms should be used, in addition,
insulating and filtering or reflecting devices should be mounted on loud devices.
First aid/ uniforms /heat stress:
Employees are often advised of their obligation to obey protection guidelines and to refrain from any
attempt to hinder the execution of protective policies in order to defend themselves and their fellow
staff from harm.
In order to prevent any required occurrence, first aid supplies should be provided in each workplace and
employees must suspend work from 12:30 p.m. to 3:30 p.m. due to heat stress.
Occupational disease:
The Law on Liability for Workplace Accidents and Illnesses mandates employees to provide themselves
and their employees with adequate benefits to pay for occupational injuries and illnesses.
Section B/Q2
The Social Insurance Law and its amendments promulgated by the Royal Decree No.72/91 provided for
the establishment of the Public Authority of Social Insurance (PASI):
PASI includes all Omani citizens between the ages of 15 and 59 who are employed in the private sector
and volunteer for Omani citizens working abroad.
1. Insured Wages: gross salary up to 3000 OMR
2. Job induced accident: contracting one of the occupational conditions of the law on social
security or disability arising from an accident.
3. Beneficiary: the person or employee who receive pension or lump sum compensation.
4. Employer: all the employers should be registered with PASI who employs one or more workers
subject to the provisions of the Social Insurance Law.

Contributions:
 The sums paid by the employer 'the insured,' the insurer and the government under the
insurance plan in exchange for protecting the insured against the risk of old age, disability and
death, in addition to occupational illnesses and accidents.
 Contributions shall be charged on a monthly basis, measured on the basis of the following
percentages out of the gross:
 Employers' contributions: 11.5 per cent of the gross wage (10.5 per cent for coverage against
old age, disability and death. 1 per cent for coverage against workplace diseases and accidents.
 State contributions: 5.5 per cent of the total income.
 Contributions paid by the employee: 7% of the gross wage.
 The contractor can pay the entire amount of PASI payments within the first 15 days of the
month after the month during which the payment is due.
 The employer can subtract from the employee's wages the premiums owed by the insured.
 Only the employer shall be entitled to PASI for the expenses of the employer and the employee.
PASI Scheme for Omanis working abroad:
 Promulgated by Royal Decree on 30 April 2000.
 Applied to Omanis employed outside the country and GCC countries, as well as to Omanis
employed in embassies, consulates and foreign organizations in the country.
 Omanis employed in the public and private sectors of every GCC country are not listed and the
donations are made by workers only.
 This insurance policy offers protection against death, injury and old age.
Contributions of this scheme:
 The annual premiums to be paid are estimated at 16% of the projected monthly salary.
 The GCC employer pays 9.5% of basic salary and the employee pays 6.5% of the basic salary.
 The government contribution is 4%.
 The employee is expected to pay his monthly fee within the first 15 days of the next month.
 Insured individuals will pay the required contributions in advance.
 If completion of the donation is postponed after the permitted duration, extra sums will be paid
at 13.5 per cent of the monthly contribution total.
 If the insured wants to postpone payment of payments on a temporary or permanent basis, the
worker may fill out the form and give it to PASI.
 If the insured wants to restore his or her contributions, the worker should fill up the application
form and the contributions should commence automatically from the date of the request for
resumption.
 Registered individuals are permitted to raise or decrease the monthly salary group by 5% a year.
 The monthly revenue should not be less than 200 OMR per month and not more than 800 OMR
per month for the first application.

PASI scheme for self-employed Omanis:
 Businessmen: any normal being hired by one or more employers against such compensation.
 Self-employed practitioners such as attorneys, surgeons, mechanics, accountants and auditors.
 Nationally registered as employed in the fields of commerce, manufacturing, transport and
finance, and those employed on their own behalf, in compliance with the Legislation on the
Commercial Registry.
 Partners in all private firms, except joint ventures.
 Nationals who work on their own behalf in every profession, such as fishermen and drivers of
public transit cars.
 Nationals engaging in commercial practices involving authorization or a license from the
competent authorities.
 Subject to agreement of the Board and the Minister of Finance, and subject to a decision taken
by the Minister in this respect, other nationals can also derive gain from the provisions of this
Legislation.
Contributions of this category:
The percentage donation is measured on the basis of the investment benefit specified by the insured
and the government still pays, and if the donations decline, the expenditure sum is 20%.
Qualification terms and conditions:
Old age pension: 60 years of age with at least 180 months of paid contributions (men) or 55 years of age
with at least 120 months of paid contributions (women).
Early retirement: a diminished income is provided until the retirement date of 240 months (men) or 180
months (women) of payments. The required threshold for early retirement is 45 years.
Disability pension: to provide six months of payments until the occurrence of disability or 12 months of
payments, plus three months shortly before the occurrence of disability.
Survivor's pension: the deceased has at least 6 months of contributions or 12 months of contributions,
plus 3 months shortly before his death; in addition, he is still liable for widowhood and oldest son,
whether the compensation will be given to a living relative, brother or sister; on the other side, the
widow 's pension ends on remarriage.
Deferred pension: the covered may have at least 180 months of payments, plus at least 36 months in
the last 5 years until disability. There is no legal limit for postponement.
Orphan's pension: charged to children up to 22 years of age (26 years of age if full-time school, no cap if
disabled) and to single girls. The orphan's allowance for daughters’ ceases om marriage.

Grants under social security scheme:
 Marriage Grant: compensated for her marriage to an orphaned daughter. Daughter's orphan
pension falls to an end on her engagement. A lump amount of 15 times the orphan 's allowance
has been paid.
 Death grant: a fixed sum is charged at the costs of the death of the insured. A lump amount of
the remaining three months of the income shall be charged if the insured has been working at
the moment of death or three months of the deceased 's benefit if the deceased is a pensioner,
up to 1000 OMR.
 Death grant: a lump amount shall be charged on the death of the insured. A lump amount of the
remaining three months of the income shall be charged if the insured was working at the time of
death or three months of the deceased 's benefit if the deceased was a pensioner.
Section B/Q3/a
In my point of view, as per the OLL was amended by Royal Decree 113/2011 the approach that the
company was based on is wrong due to the governing provision which stated that the employee shall be
entitled to an extended leave of full pay for a duration of not less than thirty calendar days, following
completion of six months of service.
The Oman Labor Legislation further states that workers shall take at least two weeks of leave every two
years.
If the employee exits his or her position before having complete annual leave available to him or her,
the employee shall be allowed to claim a minimum compensation during the unused duration of his or
her unpaid annual leave.
Section B/Q3/b
At first the Saba has to submit a complaint to Ministry of Manpower in order to endeavor to reach a
settlement for the dispute and she proceed in filing a claim in the primary court within 15 days of the
date of its notice of the ruling, the appropriate directorate shall have the annual judgment of dismissal.
When a resolution has been achieved, the Board of Directors shall report and seek its execution.
If a resolution has not been achieved within two weeks or has been established and one of the parties
has failed to enforce it, the appropriate directorate shall refer the case to the competent court within a
time not extending two weeks from the expiry of the stated term or from the date of any rejection.
The Secretariat of the Court shall carry the matter before the President of the Court within three days
from the date on which the worker is referred to set a segment to consider it no longer than two weeks
after the referral period.
The portion shall be told to the staff, the supervisor and the directorate concerned.

The court shall rule on the motion for a stay of the execution of the indictment, if any, within a time not
exceeding two weeks from the date of the first trial.
If the court grants a stay of execution of the discharge, the contractor shall be obliged to reinstate the
worker or compensate him a sum equivalent to his wages before the end of the case.
the decision of the court is final.
The court shall, within a time not reaching one month from the date of the application for the stay of
execution of the dismissal, pass judgment on the conflict.
If the court is convinced that the firing of the employee or the termination of his or her employment was
unreasonable or contrary to statute, it may order either to reinstate the employee or to oblige the
employer to compensate his or her salary.
Section B/Q3/c
After the complaint will be resolved, she will get her rights by repaying her previous year’s annual leaves
payments and the company will get her back to work and also the company will modify its policy and
follow OLL laws and regulations.
Section C/Q1
Legal framework & purpose of Trade Unions in Oman
Workers will establish trade unions from among them to protect their interests, preserve their
privileges, boost their financial and social position and serve them in all matters relating to their
relations. The worker is entitled to enter or resign from a labor union and cannot be prohibited from
engaging in any collective union action or from being compelled to resign from a trade union.
The Oman Labor Rule, promulgated by Royal Decree No. 35 of 2003, as amended (the "OLL"), provides
that employees can establish trade unions / unions among themselves for the purposes of (a) preserving
their interests, (b) defending their rights, (c) improving their financial and social standing, and (d)
representing them in all matters relating to their relations.
Specifically, Article 8 of the 2012 MD specifies that the licensed trade union can exercise the following
rights:
 Reflect and protect the rights of the citizens.
 Represents all of the representatives upon their invitation.
 Collect the membership fees and maintenance rates charged for participation and maintain the
properties.
 Exercise any action relating to the promotion and defense of the privileges and interests of its
citizens, in particular:
 Ensure the protection and welfare of members;
 Growing the consciousness of the labor union among the members

 Increase the society, technological and ethical standard of the members;
 Improving the wellness, economic and social standing of citizens.
 Complaints to the responsible department of the Ministry of Manpower (MOM) resulting from
the inability of the organization to comply with the terms of the OLL and its implementation
decisions and regulations.
 OLL Peru and its applying actions and laws protecting the privileges and needs of employees in
the administration.
 Obtain all the necessary facilities from the institution to carry out its functions, in addition to the
required premises for conducting its meetings and storing its records.
In addition, Article 17 of the 2012 MD lays out prohibitions banning the involvement of labor unions in
the following activities:
1. Investment of the syndicate fund in financial fraud, in risky assets or in assets that challenge its
goals or objectives;
2. to indulge in political actions or other action not stated in its statute;
3. Acceptance of gifts and donations, but with the consent of the MOM, in which case gifts and
donations must be unconditional and not counter to the goals and aims of the actions of the
labor union and the laws in effect in the Sultanate;
4. Assigning the money, whether in currency or in gold.
Rights and restrictions of registered trade union in Oman
1. Rights:
 Reflect and protect the rights of the citizens.
 Represents all of the representatives upon their invitation.
 Accept the payments for affiliations and subscriptions and maintain the properties.
 Exercise any right pertaining, in particular, to the preservation and defense of the
privileges and interests of its citizens.
 Ensure the protection and welfare of staff.
 Growing consciousness among representatives of the labor union.
 Growing the ethnic, technological and vocational standard of the participants.
 Improving the wellness, economic and social standing of citizens.
 Complaints to the appropriate offices of the Ministry resulting from the inability of
the organization to comply with the rules of labor law and its implementation
decisions and regulations.
 Ensure the labor law protecting the privileges and desires of employees in the state
is implemented.
 Obtain all the necessary facilities from the institution to carry out its functions, in
addition to the required premises for conducting its meetings and storing its
records.

2. Restrictions:
 Investing the money of the labor union in financial fraud, in risky investment or
in activity that undermines its goals or priorities.
 The practice of political actions or practices not defined in its law.
 Acceptance of gifts and grants must be voluntary and not compatible with the
goals and principles of trade union operation and the laws in effect in Oman.
 Assigning the money, whether in currency or securities.
Powers of Labor federation and General federation:
1. Labor federation:
 Help coordination between the associated labor unions and the
Government.
 Help solidarity between the associated labor unions and employers.
 Participate in boards and commissions dealing with trade and foreign
relations.
 Examine the motion to expel members of the governing bodies of the labor
unions associated to it in compliance with the laws of the trade union.
 Participate in the creation of job schedules and services through the
responsible authority and in collective negotiations.
 Examine the papers given to it by the governing bodies of the labor unions
related to it.
2. General federation:
 Determine the allowable membership dues and recurring rental rates owed
by labor unions and federations.
 Select trade unions and federations who may submit their delegates to join
international and regional conferences on the basis of a relative sector or
geographical representation.
 Find the motion to revoke the participation of the governing bodies of the
labor unions and federations which are affiliated to it.
 Coordinate and collaborate with the labor unions and the associated
federations in order to accomplish their goals.
 Participate in the creation of job schedules and services with the responsible
authorities.
 Considering the concerns posed by the governing structures of the
associated labor unions and the federation.
Company’s role in the formation and operation of Trade Unions:

1. The Oman Labor Legislation specifies that the work unions / labor federation /
general federation have the freedom to conduct their practices independently
without intervention or control.
2. No company / establishment can fire or otherwise discipline a worker's delegate in
a trade union / labor federation / general federation for the purpose of carrying out
trade union activities.
3. In the case of joint bargaining between a business / establishment and members of
a labor union, the organization is required to supply the requisite details and
evidence for the execution of the bargaining.
4. When talks are underway between a corporation and a leader of a labor union, any
action or judgment made by the business shall be deemed unlawful.
5. In the case that a joint bargaining agreement is reached between a corporation and
a labor union in compliance with Article 5 of Ministerial Decision 294 of 2006, it is
the employer's duty to put the collective labor agreement in a prominent role at the
workplace.
References:
The Ministry of Manpower Ministerial Decision No.570/2012. Available at
http://gulfmigration.eu/database/legal_module/Oman/National%20Legal%20Framework/
Labour%20Migration/5.2%20MD%20570%202012_EN.pdf Accessed on 31/8/2020
Oman Law Blog.[Online] Available at https://omanlawblog.curtis.com/2013/10/trade-unions.html
Accessed on 31/8/2020
http://blog.informa-mea.com/faqs-on-the-labour-law-of-oman/
http://omanlawblog.curtis.com/2013/09/labour-law-update-increase-in-minimum.html
http://www.businessdictionary.com/definition/social-security-system.html Accessed on 31/8/2020
http://www.pensiondevelopment.org/180/oman.html Accessed on 31/8/2020
Pasi.gov.om (2014) citizens working inside oman.[online] Available at
http://pasi.gov.om/en/Pages/InsuranceSystems/CitizenWorkingInsideOman.aspx Accessed on
31/8/2020
National strategy for occupational health and safety in the sultanate of oman. [online] Available at
http://www.deohoman.org/nationalstrategy.html