Muscat: The Ministry of Labour (MoL) has issued Ministerial Resolution No. 451/2024, introducing comprehensive guidelines for the process of reconciliation and the suspension of legal proceedings related to violations of labor laws.
This resolution delineates several critical aspects:
Article 1 delineates that the newly established regulations are applicable to the processes of reconciliation and the cessation of legal actions pertaining to offenses under the Labor Law. It also permits the resolution of labor law violations through reconciliation on the part of the offender, provided they fulfill certain conditions. These conditions include the payment of a fine equivalent to 25% of the maximum penalty for the offense, which must be settled within 15 days following the approval of reconciliation. Failure to meet this deadline will render the reconciliation null and void.
Article 2 mandates that requests for reconciliation be submitted using a specified form. A decision is to be rendered within a period of 15 days following the submission of the request. Non-response within this timeframe will result in the rejection of the request.
Article 3 outlines a specific exception for offenses carrying a double fine under Clause 1 of Article 143 of the Labor Law. In such cases, reconciliation will only be approved if the offender pays a fine of OMR 1,000.
Article 4 addresses the situation of expatriate workers who achieve reconciliation, stipulating that they must be deported and barred from re-entering Oman under certain conditions. These conditions include engaging in Omanized professions without a replacement Omani worker or entering the country illegally. The responsibility for the costs associated with deportation rests with the employer.
Article 5 specifies that the process of reconciliation for individuals who have been detained must occur within seven working days following the recording of the violation, with the possibility of an extension of up to seven additional days at the discretion of the Ministry.
Article 6 clarifies that the process of reconciliation does not release the offender from their liability. They are required to rectify the violation and fulfill their legal obligations within a period of 30 days following the settlement of the matter.
Article Two nullifies Ministerial Resolution No. 561/2009 and any provisions that conflict with it.
Article Three states that the resolution will be published in the Official Gazette, and its provisions will come into effect the day following its publication.
