Oman: Know All About The New Regulations For Temporary Transfer Of Expat Workers
In a significant move to enhance the flexibility and management of the workforce within the private sector, the Ministry of Labour has unveiled a new set of regulations concerning the temporary relocation of non-Omani employees across different establishments, according to a report in Muscat Daily.
Announced by Dr. Mahad bin Ali Baowain, Minister of Labour, through Ministerial Decision No 730/2024 on December 15, these guidelines are devised to streamline the process of transferring foreign workers, ensuring it aligns with the country's labor policies.}
Central to these regulations is the requirement for a worker's consent before any transfer can take place, ensuring that the employees have a say in their potential relocation. This decision underscores the ministry's commitment to safeguarding worker rights while accommodating the operational needs of businesses.
For a transfer to be deemed valid, the employee must have served at their current company for a minimum of six months, possess an active work permit with no less than six months until expiry, and the proposed transfer duration must not exceed six months within any given year.
The new framework stipulates several key conditions to ensure that the transfers do not contravene Oman's labour laws, particularly the Omanisation initiative which seeks to prioritize the employment of Omani nationals in the workforce. Notably, the transfer of workers to positions that have been Omanised is strictly prohibited. Moreover, the roles to which employees are transferred must be within the same job category as their original positions and should closely match their prior responsibilities.
Additionally, both the original and receiving establishments are subjected to specific requirements to qualify for facilitating a worker transfer. Neither entity should be under suspension of services by the Ministry of Labour nor have any pending financial obligations towards it. They must also fulfill Omanisation quotas.
The regulations cap the number of employees that can be transferred from or received by an establishment at 50% of its total workforce, ensuring that the process does not disrupt the labour market's balance.
The Ministry of Labour has also put in place measures to protect the rights and welfare of workers during and after the transfer process. The receiving company is obliged to offer the transferred employee a salary and benefits package that is at least equivalent to what they received from their previous employer, adhering to Oman's wage protection system. This provision ensures that workers are not financially disadvantaged by the transfer.
Upon the end of the transfer period, the receiving establishment is prohibited from retaining the worker, emphasizing the temporary nature of such transfers. Should a worker decide to leave the establishment they were transferred to, they are required to inform their original employer promptly, providing evidence of their departure.
The original employer must then notify the Ministry of Labour following the prescribed procedures. Importantly, the time spent by the employee on temporary transfer will be considered as part of their cumulative service period, safeguarding their employment rights.
The Ministry of Labour's new regulations for the temporary transfer of non-Omani workers within the private sector establish a balanced approach to labor mobility. By setting clear conditions for transfers, mandating compliance with Omanisation policies, and ensuring the protection of worker rights, these rules aim to improve the management of the private sector workforce while supporting Oman's broader labor objectives.
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