Beruflich Dokumente
Kultur Dokumente
Table of Contents
Task 1..............................................................................................................................1
Question 1...................................................................................................................... 1
Question 2...................................................................................................................... 1
Question 3...................................................................................................................... 2
Question 4...................................................................................................................... 2
Question 5...................................................................................................................... 3
Task 2..............................................................................................................................3
Role of Public Authority for Social Insurance.................................................................3
Reference....................................................................................................................... 7
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Task 1
All the answers provided to the questions are under the Omani Labor Law Articles
(Manpower.gov.om., 2018):
Question 1
According to the given scenario in first question, Mayada has been on maternity leave
and her Employer demoted her without giving any sound explanation. So according to
the Labor Law Part Three Contract of Work, Article (41) “The worker may
abandon the work before termination of the contract period and retain his full
rights after giving notice to the employer of so doing in any of the following case:
If the employer does not perform his substantial obligations towards the worker
in accordance with the provisions of this law or the terms of the contract of
work”, it is also supported by Article (83) of Chapter Two of Labor Law. In the
case of Mayada she could avail she can sue the employer on the basis of above article
Question 2
According to the scenario given in question 2 where Maitham has already served Al
Qassim Company for a period of more than five years. Then , according to the Labor
Law, Part Three of Contract Law, Article (24) “A worker shall not be placed on
probation more than once with the same employer and the any probation period
shall be included in the period of service if the worker has successfully completed
it. In all cases the probationary period, if any, shall be specified in the contract of
service. Any one of the parties may, after a notice of not less than seven days to
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the other party, terminate the contract during the probationary period, if it
given Article, Maitham has the leverage and he is correct about the situation that he
should be appointed upon the same designation and wages without probation.
Question 3
According to the scenario given in question 3, Salim who served the Al Suha Food
company has been a chronic absentee and he has been absent from his job for
continuous twenty days. So, according to the Labor Law Part Three, Contract of Work,
Article (40) “The employer may dismiss the worker without prior notice and
without end-of-service gratuity in case: If he absents himself from his work for
more than ten days without reasonable cause during one year or for more than
written notice to him from the employer after his absence for five days in the
first case”, so in case of the scenario Company issued Salim a termination letter
although they have the right to terminate him without any prior notice on the basis of
his conduct. However, Salim’s claim in this case is wrong and he isn’t owed any
compensation.
Question 4
According to givn scenario in question 4, Manal thinks she has been dealt unjustly so
according to the Labor law Article (11) “Article (11): The employer shall employ
the Omani workers to the maximum possible extent. The ratio of Omanis to the
foreigners in the various economic sectors or the activities covered by each sector
decision of the Minister. The employer shall ensure the equality of all workers
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when the nature and conditions of their work are similar”, and Article (12) “Any
Omani who is fit and desirous to work may apply for registration of his name
with the relevant directorate and state details of his age, qualifications,
experience, preferences and the work he desires to join in addition to any other
register the applications in serial number upon receipt thereof and shall give the
Ministry”, she has the right to address the matter to Court and let Court decide for the
Question 5
According to the scenario given in question 5, there exists a dispute between two
employees and on one incident one employee physically harmed another. So,
according to Article (40) point 8 he could be suspended from his job instead of his
dismissal under the “If he commits an assault on the employer or the responsible
of the work, or because of it if he assaults one of his colleagues in the work place
by hitting him and as a consequence thereof sickness or delay from the work for
a period exceeding ten days ensues”. However, in the given scenario the employee
has broken the rules, but he could be let off with a fine instead of dismissal.
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Task 2
Under the Social Insurance Law that came into force on 1st July, 1991, promulgated
under Royal Decree No.72/91 provided that a public service authority should be
created under the name “Public Authority for Social Insurance” which is independent
in administration and finances (Naqvi & Al-Shihi, 2009). The law created aimed to
provide peace of mind and social protection to the dwellers of Sultanate of Oman. The
authority aims to provide insurance for work injuries, death incidents, disabilities and
of the deceased person or the one who has suffered from some kind of injury receives
the amount based upon some conditions. If the conditions are not met then the lump
sum amount is paid. The vision of PASI is to ensure protection for individuals,
families and society as whole which is based on the principles of social solidarity,
justice and sustainability for all. The core values of PASI are: efficiency, effectiveness,
social justice.
PASI as an Authority has come a long way in serving the people. However, the
Authority still faces great challenges and obstacles in achieving and expanding the
social insurance culture, social insurance coverage and high level of growth. Under
PASI, there are some employer’s obligations and contributions. According to the
Social Security Law, the employer is responsible for making payments on behalf of
the each relevant employee and the payment pattern of each employee must be based
upon the actual wage drawn by the employee. The employer has to contribute 11.5%
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to PASI which is based upon 10.5% of the employee’s gross salary and 1% for the
his gross salary to the Authority. The Authority has facilitated each company of Oman
& Ali, 2015). The authority holds the details about each employee and his salary.
PASI has the practice of updating the standards at the start of each year by
salaries. However, it is the obligation of employer to inform PASI about the latest
gross salary of the employees. It has also came into debate whether the companies in
Oman are bound to pay their part to PASI or not, so if the company has the employee
fund scheme which bestows the employees with the benefit payment more than the
PASI, then the company is not bound to pay their share to the Authority. But if the
breach of Omani Labor Law and the Social Security Law. Under the Article (7) of the
Social Security Law of PASI, the employee has one year from the date of leaving the
company to bring any issue or dispute he has with the company. During that time, the
authority would interrogate into the matter and would come up with the most suitable
decision under the shadow of Social Security Law. If the employer is found to be
defaulter in case that he doesn’t pays the contribution according to the salary pattern
of employee, or cheats in paying the end of service benefits, or doesn’t pays the
insurance contribution of some or all of his employees, delays or refuses to make the
payment, then in such cases under the Article (17) of the Social Security Law, the
employer has to pay 13.5% as a penalty to PASI from his salary. Another Article (74)
of the Social Security Law provides if the employer violates any of the provisions of
the Social Security Law, then he is compelled to pay a monetary penalty of not more
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than OMR 500 (Baddock, Lang & Srivastava, 2015). The penalty number is
multiplied according to the number of times the violation has been done and the
number of employees that are under the responsibility of the employer and he has
violated the provisions. Therefore, in the Sultanate of Oman the companies are
obliged to abide by the laws of PASI. If the company updates the salary of its
employees then it is company’s duty to inform the authority and should undertake to
Like PASI, the Government of Bahrain have also introduced the similar initiative
called “Social Insurance Organization Services (SIO)”, under these services the
pensioners, workers and beneficiaries could calculate their average pension and
average salary for their job either in private or in public sector. SIO provides the
services to the pensioners of the private and public sector and update them about the
progress electronically. They have provided eService to their users through which
transactions and an update about their annual salaries according to their jobs through
Finance of Bahrain. Some of the noteworthy orders that distinguish PASI from SIO
to sex, nationality, or age, who work by virtue of an employment contract for the
those engaged in public organizations or bodies, and also those employees and
workers in respect of whom Law No. 13 of 1975 does not apply” (Ilo.org, 2017),
and in another Article (21) it is given “A worker who is employed by more than
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one employer each employer shall have to pay separately on his behalf the full
Directors. The total wages earned from the various employers shall be used for
the calculation of contributions and for the settlement of benefits of the insured
and that of the heirs as stipulated in this Law in accordance with the terms and
Reference
Al-Wahaibi, H.A., Al-Mukhaini, E.M., Al-Badi, A.H. and Ali, S., 2015, February. A
In 2015 IEEE 8th GCC Conference & Exhibition (pp. 1-6). IEEE.
Baddock, E., Lang, P. and Srivastava, V., 2015. Size of the Public Sector. World
Bank.
Joshi, V. and Ghosal, S., 2009. Impact of foreign direct investment on employment in
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/7240/83058/F299677839/B
https://www.manpower.gov.om/Portal/Englishpdf/Service/toc_en.pdf
Naqvi, S.J. and Al-Shihi, H., 2009. M-government services initiatives in Oman. Issues