Oman: New Decision on Commercial Concealment

Atheer, 30 July 2023: Oman Ministerial Decision No. 312/2023 on combating commercial concealment has been issued.

The decision comes into force after 90 days from the date its publication on 30t October 2023.

The law includes a definition of concealed trade which is defined as enabling any person to engage in an activity that the laws and royal decrees in force in the Sultanate of Oman do not allow them to practice, whether for their own account or in partnership with others.

The decision stipulates that the Ministry shall encourage citizens and residents by any means and urge them to contribute to limiting and reporting cases of concealed trade.

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Oman: Changes on Bounced Cheques being Considered

Oman Daily Observer, 30 July 2023: According to the Oman Central Bank, authorities in Oman are considering a change to the approach on bounced cheques.

Authorities are considering whether to allow partial fulfilment of bounced cheques where there are insufficient amounts in the drawer’s account to cover the full amount on the cheque. The Central Bank noted in its recently issued Financial Stability 2023 Report that methods which would allow the maximum possible cheque value to be collected in the simplest and fastest way were being looked into. Bounced cheques have been reducing with the increased use in electronic transactions. In 2022, 387,000 cheques bounced in Oman (which accounted for 10.3% of cheques) compared with 399,000 in the year 2018.

According to the Omani Central Bank, some other countries have already begun to partially fulfill bounced cheques to the amount available in the drawer’s account.

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Oman: Unified Contracts Initiative

Oman Daily Observer, 25 July 2023: A new Oman Labour Law, Oman Sultani Decree No. 53/2023 has been issued.

The law repeals and replaces Oman Sultani Decree No. 35/2003. It reaffirms that employment is an intrinsic right for Omanis and states no other are allowed to work in the country except in accordance with the laws and related decisions. It underlines the importance of employers having a plan for localisation which is published in their workplace and website. They will also be required to produce a report on Omani workers including their salaries, gender and information on job vacancies. Employers must also have a plan on appointing and training Omanis for leadership roles.

Joint Dialogue Committee will be established which will examine proposals for regulating the labour market.

It contains provisions on working hours, leave, salaries, employment of young people, and occupational health and safety. It also covers the settlement of labour disputes, trade unions and penalties.

A number of provisions have been put in place to support women workers including the allocation of an hour a day for child care, a 98 day maternity leave provision, and the right to take unpaid leave for up to a year for childcare reasons.

There is also now seven day paternity leave and a 15 day caregiver leave – where an employee needs to accompany a patient. Sick leave levels have also been increased.

In workplaces with more than 25 workers, a special rest place must be provided for women.

Employees will be entitled to up to 182 days sick leave, subject to certain conditions. Full pay will be given for the first day to the 21st day; 75 per cent of salary for 22nd to 35th; 50 per cent for 36th to 70th; and 35 per cent for 71st to 182nd day.

Workplaces in specific sectors will be able to be organised in such a way that is unique to the conditions of that sector. Employers will also be allowed to let their employees work temporarily for another employer.

The law allows non-Omani employees’ employment to be terminated if this is in order to facilitate Omanisation and the employee replacing them is an Omani. There are also provisions on termination of an employee who fails to achieve required productivity levels. Employers are required to put an appraisal system in place.

Fifteen days of study leave will be granted to employees enrolled in schools, institutes, or universities.

Female Muslim workers will also be entitled to 130 days of leave in case of their husband’s death; while a non-Muslim woman would be granted 14 days.

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