20Il
SUN ll:40
FAx +968
INTERNATIONAL
LLC
Z o or
2011 Royal Decree No. 1131 Amendments to some Labour Law Provisions LabourLaw: (1) CJause of First: The followingarticles the abovementioned
(51) ClauseNo.3, (53)' (61), No.12, (1) Oause No. 1.3,(28) Fint Paragraph, (68), (70), (71), Q2) davse No. s, (73), (81), (83) & (106) founh clauseshall be replaced as follows: Article No. (1) Clause No. 12: The Basic Salary: It is the cash pa)trnent irgreed upon between the employee and the emplo Wr 1n the emplo)rment contract in addition to the periodic bomrs.
30/r0 20r1
LL:41
FAX +968
INTERNATIONAL
LLC
Eooz
of the period coffespondirg to such paynents. Subject to a dccision made at bythe Minister, salaries may be paid to the empnoyees the establishmcnts that are governed by the provisions of this law prior to their respective maturitydates on the occasion of public and national holiday;. Article No. (53) An emplo;,er cannot be discharged from the pa;,anent of the emplolrees' salaries r-mlesssuch salaries are transferred to their bank accounts with one of the accredited local banlis. The exemptions from transferring the emplolees'salaries to their respective bank accounts are subject to a decision made by the Minister. Article No. (61) An employee is endtled to a full-payment annwrl leave for a minimum o1: *nrty d")u. An employee may avail himself/herseH of his/here leave subject to work requirements. An emplol'ee may not avail himself/ herseH of the regular leave prior to the lapse of a minimum of six months as from the date he/ she joins work with the ernplopr. An emplolee is entitled to a full-pay'rnent emergency leave for six dala around the year in emergencies. A decision shall be made by the Minister orgaruzing the emplolees' emergency leave. An employee m y not waive ltts/her leave.
Article No. (68) An emplolee maynot be askedto work for more than nine hours per day
and for a maximum of 45 hours per week provided that a break of at least hal| an hour is included in such working hours to have lunch and take rest. During the holy month of Ramadan, the working hours shall be for a maximum of six hours per day or 3Q hours per week as for Muslim The working hours m ybe determinedbya decision madebythe employees. Minister.
P 1 0 11 9 8 9 77 (ktober 2011
] 0 / L 0 2 0 L l S U Nl 1 : 4 1
FAx +958
INTERNATIONAL
LLC
@oo3
Article No. (20): An employee may be asked to work for additional hours exceeding the working hours stipulated in Arcicle No. (68) subject to work requirements. The total original and additional working hours may not exceed twelve (12) hours per day. The employer shall give the employee an additional salary proportionate to his/her basic salary calculated based on the additional working hours ph-rsa minirnum of 25o/ofor the diurnal working hours and for 5Oo/o the nocturnal working hours, or shall give him,/her a permission to be absent from work for a period of time equivalent to such additionai working hours, provided to obtain the emplo)ree's written consent on the additional work and the palzment in its consideration. As for doing work in pons or ailpons, or onboard ships or vesselsor on ailplanes, the employer shall agree with the emplolae on the paynent of a instead of the additional salary on c,:ndition of obtaining the levant_ app{qval. -,44djFtednuste r' inaTacrd any othe r similaf minis tqy'q qg bomx
I
won<s.
Article No. (21): An employer shall give the emplolree a weekend of a rninimurn of two consecutive dala following five consecutiveworking d")o. As for the places or works determined by a decision made by the minister, the emplolae's weekends accrued for a period of madmum of eight weeks may be consolidated in case so doing is agreed upon in writing berween the the emplope and the emplopr.In all cases, weekendshall be fullypaid. Article No. (22) Clause No. 5:
5- Seasonalworls that are determined bva decisic,nmade bythe minister.
Anicle No. (23): In the casesprovided for in Article No. (22), an employer shall give the calculated to emplolee an additionalsalaryproportionate his/her basic salary based on the additional working houn plus a minimum of 25"/ofor the
1 P101 989 27 ()ctol>er 2011
LL,.42
FAX +968
INTERNATIONAL
LLC
@ooa
for diurnal working hours and 5Oo/o the nocturnal working hours. If such work is carried out during a weekend or a public holiday, the pa1'rrrentfor the same shall be doubled, unless another day is given instead in c.ahoots with the emplolae. Article No. (81): \)Tornen may not be asked to work during the period frorn 09:00pm to except in the cases,works and occasions determined by a decision 06:0Oarn, made by the minister. Article No. (83): The working wornan shall be given a full-payrnent special leave covering the pre and post-natal period for a period of filty d")o for a maximum of three times during her tenure of senrice with the same emploler. Article No. (106) Clause 4: If it is proved that an employee's dismissalis arbitral or in breach of [aw, the comperent court shall order to return such an employee to his,/her wotk or order the emplopr to payto such an emplolree a minimum of three-monthcompensation calculated on the employee's last gross salary,with due saLary observance to the emplolee's conditions and his/her tenure of service, in addition to: 1- An end of service gratulqy and all other benefits provided for by law or his/her employment contract; whichever is higher. 2- The basic salary along vdth other bonuses due for the notice period as provided forbylaw or his/her employrnent contract; whichever is higher. Second: The labour law: following articles are added to the abovementioned
Article No. (10) biss: The Minister shall make a decision on the procedures and controls governing the private sector establishments which are in breach of the provisions of the Labour Law and its regulating decisionsPrc11989
27 Gtober2QTT
30/f0
20lL
SUN LL:42
FAX +968
rNTlRlATeIl!
Zoos
A New Patagnph to Article No. (18) biss: A decision made bythe minister shall determine the controls and procedures to be abide by the emplopr in relation to repofting on non-Omani emplopes who happens to quit work, and the penalties resuiting from breaching such a decision. Clause No. 4 added to Article No.(19): 4-The professions and works for which the licence for bringing non-Omani
such a breach.The penalry within six months as from the date of discovering,
shall be doubled if such a reach is repeated. Whosoever happens to be in breach of the provisions of Article No (20)
Pt011989 27()ctober2O7I
FAx +968
':ITENNATI
ONAL
LLC
aoo6
and the decisions related to the conditions of l-icenceshall be liable to imprisonment f.or a maximum of one month and the payrnent of a fine of a minirnum of RO 5OO/- (Rials Omani Fivc Hundred O"ly) and a maximum of RO LOAO/ (Rials Omani One Thousand O"l, or to any of these two penalties, in addition to the cancellation of licence or suspending it for a minimum of one vear. Third: The fourth and fifth paragraphs of Article No. (114) of the
3OlTO 2O1I
SUN 1L: 43
FAX +968
246 07335
GE INTERNATIONAL LLC
@ooz
..Jil; t:.,.''?*,'l f
more than three times during the serwice period The amendments include decisions related to regulalising the labour rnarkeL including notification on run-away expatriate worker& the penalties for this, the- minimum allowance that should be given to a worker and the procedrrres and r:eqtrirernents for the same.