After 20 years, the Cabinet of the Sultanate of Oman has issued a new Labour Law. Oman Sultani Decree No. 53/2023 (the New Labour Law) replaces the Old Labour Law (i.e. Oman Sultani Decree No. 35 of 2003) in its entirety and is already effective. The New Labour Law is subject to Implementing Regulations which have not as yet been published, but in the meantime, we look at five things we would advise an Omani employer to consider and prepare to implement.
1. Work is the “right” of Omani nationals
Nationalisation is at the top of the agenda of many countries in the region. In the same way as the Kingdom of Saudi Arabia (KSA), and more recently the United Arab Emirates (UAE), has increased the scope of the roles reserved for nationals, the New Labour Law in Oman strengthens the position of Omani national job seekers.
Whereas the Old Labour Law stated that an employer in Oman shall employ Omani nationals to “the utmost possible limit”, the New Labour Law now emphasises that work is the right of Omani nationals.
The New Labour Law further sets out that an employer may only undertake to hire Omani nationals in accordance with the Omanisation percentages that will be issued separately by the Ministry of Labour. The New Labour Law provides that employers with 25 or more employees should employ and retain Omani nationals. There will be certain professions in which Omanis will replace non-Omani nationals based on a decision to be issued by the Minister. In addition, all employers...
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