Module: Human Resource Management (BUSS 1701)
Q1: Explanations of Benefits of collective bargaining.
Q2: (A)- Explanations of the circumstances under which a worker may abandon the work before termination of the contract period and retain his full rights after giving notice to the employer as per the Omani Labour Law?
Q2: (B)-Discussing circumstances under which the contract of work shall terminate as per the Oman labour law
Q3: (A)-Discussion of three types of special leave available for worker with gross wages
Q3: (B)- Critically analyzing the circumstances under which the employer may not comply with the provisions set out in section (68) and (69) of the Oman labour law with regard to working hours
OMANI LABOUR LAW
It has been observed that Omani Labour Law heeds a great deal on the notion of preserving the rights of the employees (expatriates as well) while maintaining an adherence to the massive legislative reforms that Omani arena of employment have ever encountered; Omanisation. In accordance with the proclamations of the Omani labour law, Omani employer seek Omani employees from any quarter of the country while serving a legislative obligation to employ a tangible percentage of Omani employees irrespective of the span of the organization.
In this regard, the current study intends to shed light on certain aspects and associated legislative nuances of the Omani labour law. It also intends to examine the validity which is very prone to be passed on Omani labour law that it is most favourable to the employee across any labour laws of several countries.
Explanations of Benefits of collective bargaining
The major advantages of collective bargaining can be categorized as;
Explanations of the circumstances under which a worker may abandon the work before termination of the contract period and retain his full rights after giving notice to the employer as per the Omani Labour Law
Royal decree no. 35/2003; Article (41) of the OLL
The nuances of the circumstances under which an employer is legislatively approved to abandon the work before the prescribed tenure of termination of the agreement while availing his/her every right has been illustrated in Article 41 of the Omani Labour Law. The employee can only enforce all his/her rights after issuing a notice to the employer about these plans. The consequences can be categorized as follows;
Without possessing any superstitions regarding the provisions of the Social Insurance Law, if the worker has been observed to give in his/her job prior to the circumstances discussed above, the employer is expected to serve a legislative obligation to pay a gratuity to the respective employee against the period of serving (KASSASBEH, 2016). Furthermore, the relative authority further might decide the entitlement of further financial compensation without any dimension of the prejudices to the Social Insurance Law.
Discussing circumstances under which the contract of work shall terminate as per the Oman labour law
Royal decree no. 35/2003; Article (43) of the OLL; Section (39) of the OLL
As per Article (43) in the Omani Labour Law, the contract is likely to terminate under several circumstances and that can be categorized as;
In this regard, the employee is obliged to establish his/her ailment or disability by a credible medical certificate. Furthermore, the employee is also obliged to present his/her age proof might be from his/her birth certificate or relevant credentials such as an official extract from the contract of employment (Fillinger et al. 2014). The medical certificate requires to be approved by any exponent of medical commission pursuant and might be liable to be forwarded to the relevant ministry for making the associated legislative regulations enforceable. Furthermore, the corresponding situations must include the regulations associated with the established work procedures. In this regard, the decisions of the ministry are considered as final.
The employer, in this regard, is not allowed to terminate the contract itself until the worker reaches his/her age of retirement (Belwal and Belwal, 2014).
In summary, it can be concluded that the employer himself is legislatively liable to pay a substantial beneficiary or gratuity in accordance with section (39) as well if the contract has been terminated by the aforementioned reasons provided the employee is not subjected to any prejudices of the social insurance law (Dedousis and Rutter, 2016).
Discussion of three types of special leave available for worker with gross wages
Royal Decree 35/2003; Royal Decree 113/2011 Article (65), Article (66), Article (71)
The leave entitlements have been covered in the amended promulgations of Royal Decree 35/2003, which is accessible to the employees. In this regard, the legislative provisions of leave entitlements and the associated regulations proposed by the Ministry of Manpower have devised a section of special leave that talks about the leaves entitled for the employees for some special cause (Aref and Attia, 2017).
In an elaborative note, the OLL intends to grant leave on certain situations to the respective employees allowing them to pursue certain tasks. In accordance with the associated legislative regulations, the employees are allowed to avail full pay (Pauceanu, 2016). It is imperative to mention in this regard that the circumstances of availing special leave can be categorized as follows;
Maternity Leave: After the amendment of the royal decree, OLL appear to entitle fully paid maternity leave of fifty across the pre-maternity and post-maternity period. Furthermore, they are allowed to extend the leaves in cases of any medical emergency and which become enforceable under relevant medical certifications or equivalent credentials (Al-Sayyed, 2014).
Furthermore, employees who are prospectively suffering from heart diseases are granted to avail a leave of six months under 50% of their gross pay. In this regard, the recommendations of an established medical practitioner are requisite as a prime eligibility (Afiouni and Karam, 2017).
Critically analyzing the circumstances under which the employer may not comply with the provisions set out in section (68) and (69) of the Oman labour law with regard to working hours
Royal decree no. 35/2003; Article (68) of the OLL; Section (69) of the OLL
These articles are typically framed to apprehend upon the working hours of a respective employee. In article (68), it has been stated that the employer is not legislatively allowed to make any employee work for more than nine hours a day. Furthermore, the optimum limit of a worker is to work for not more than 48 hours a week where the intervals of taking food, refreshments and rests are not included in that (Galazka, 2015).
Article (68) also states that, in the month of Ramadan the optimum working hour of an Omani employee is six hours a day and 36 hours a week for the Muslim workers. In this regard, the relevant ministry is responsible to impose any specified time of closure of work.
Article (69) appears to elaborate the nuances of intervals, which is excluded from the consideration of the working hours in the previous sections. In this regard, article (69) doctrines that the working hours need to be separated by more than two or three time while taking into consideration the work will not continue for consecutive six hours. The ministers are liable to embark on specified working hours against some specified occasions.
The apprehensions regarding the adherence of the employer or refusing to comply has been elaborated in Article (72) of the respective provisions. The circumstance of refused compliance of an employer can be categorized as;
It is evident from the above-mentioned discussion that it is quite true that the Omani labour law pertains a flagrant dimension of favour directed towards the employees. It is worthy to note that after the advent of Omanisation the rate of employment have seen a drastic leap since most of the employer are legislatively obliged to employ and sustain a majority of Omani population in the respective workplace whether the employee being an expatriate and living Omani citizen (Vinković and Špadina, 2014). On the other hand, as a representative of a counterpoint, it can also be stated that, an Omani employer is also allowed to refuse to show compliance in particular circumstances specified by the relevant directorate.