07 September 2014
I joined a company as a project engineer in March after I got an offer letter in February. While I was leaving my previous company, my Managing Director promised me to give an engineer visa. Once I resigned, he told me that he cannot give an engineer visa as he has got clearance for technician visa only. The MD told me that he would change the visa once I came back to Muscat, but till now he has done nothing and is not paying me the salary promised. I have already sent my resignation in May. When the MD saw my resignation, he told me that he would issue a no objection certificate (NOC) to me as the new two-year ban rule will come into force from July. So far, he has not issued the no objection certificate nor paid the promised salary. Now, he is saying that he will neither give the NOC nor promised salary. He is asking me to do sales work, which I am not familiar with. He has told me that I would be paid only if I bring business to the company, else he would throw me out without issuing an NOC. I contacted my sponsor but unfortunately my sponsor and the Managing Director are very close to each other. My colleagues told me that they too have been cheated and harassed by the company in the past. They have also suffered in the past. Please suggest some solutions.
Yours is a clear case of fraud and deception by the employer and you are entitled to pecuniary damages, including compensation. Such things, however, can be decided by a court of law and not by any other agency.
You must approach the Ministry of Manpower with your grievances and request the ministry to forward your case to the court if no amicable settlement is reached. As things stand today, Oman does not have any other employee grievance redressal mechanism and you have to trust the country's institutions without prejudices.
I am working in a well-established company in Oman. As per the terms of my employment contract, I have a right to resign from the services of the company by giving a 30-day written notice or payment in lieu thereof. I have resigned from service and offered payment in lieu of notice period but management denied it. They have decided to delay my release. I am told that the company will release me after three months because they need some time to get a replacement. Every day, I am being warned of consequences if I press for the release. They have not even given me a copy of my resignation letter. I need your legal opinion as per the Oman Labour Law. In such a case, as an employee, what preventive measures can I take?
You must, without delay, submit your issues before the Ministry of Manpower if you have reasonable apprehensions about your employers abusing their position and status to trouble you. While, the right of anyone to resign is a right per se, it is only natural justice that the employer is granted reasonable time to look for a replacement so that the employer's operations will not come to a standstill. This is particularly important in case of people holding key positions. However, if your employer is using this option just to trouble the employee and delay his exit from the country, the matter should be submitted to the Ministry of Manpower.
I am an expatriate Indian widow. My husband had an optical shop business. He died in an accident 15 months ago. After his death, my old sponsor released me and I got another sponsor from the court. I even got the share of my husband's business. The main problem is with my visa. My husband had an investor visa under llc. for the optical shop but I got only two visas for optometrist and technician. In special condition, my new sponsor applied for a visa for my shop. As a manager and the supervisor of the shop, the visa was denied. Then I applied for a sales person. The paper went from Sohar to Muscat Ministry of Manpower but still no response. Please help me as I have been living like a prisoner in Oman for the past 15 months. I want to live in Oman with my children ready to run the business but I have not got the visa. What is my fault? My husband's business partner has committed fraud with me. He has got more than the required share in the shop but me and my children are living like prisoners and not able to move. Please help me.
You need to elaborate your case for better understanding of the factual position and to ascertain what exactly has happened. It is difficult to discuss such complex issues through a column like this. Please contact a lawyer to study your problem in depth and to give you an expert advice.
Times of Oman, in association with Khalifa Al Hinai Legal Consultants, will answer the legal queries of readers every Monday. Questions can be sent to readersclub@timesofoman.com
Disclaimer: Opinions expressed in this column are for general guidance purposes only. They are based on facts presented to us and are not substituted for expert legal advice. Readers are advised to seek legal assistance for specific legal issues. Times of Oman and Khalifa Al Hinai Advocates & Legal Consultancy do not assume any responsibility towards anyone on this matter.
I joined a company as a project engineer in March after I got an offer letter in February. While I was leaving my previous company, my Managing Director promised me to give an engineer visa. Once I resigned, he told me that he cannot give an engineer visa as he has got clearance for technician visa only. The MD told me that he would change the visa once I came back to Muscat, but till now he has done nothing and is not paying me the salary promised. I have already sent my resignation in May. When the MD saw my resignation, he told me that he would issue a no objection certificate (NOC) to me as the new two-year ban rule will come into force from July. So far, he has not issued the no objection certificate nor paid the promised salary. Now, he is saying that he will neither give the NOC nor promised salary. He is asking me to do sales work, which I am not familiar with. He has told me that I would be paid only if I bring business to the company, else he would throw me out without issuing an NOC. I contacted my sponsor but unfortunately my sponsor and the Managing Director are very close to each other. My colleagues told me that they too have been cheated and harassed by the company in the past. They have also suffered in the past. Please suggest some solutions.
Yours is a clear case of fraud and deception by the employer and you are entitled to pecuniary damages, including compensation. Such things, however, can be decided by a court of law and not by any other agency.
You must approach the Ministry of Manpower with your grievances and request the ministry to forward your case to the court if no amicable settlement is reached. As things stand today, Oman does not have any other employee grievance redressal mechanism and you have to trust the country's institutions without prejudices.
I am working in a well-established company in Oman. As per the terms of my employment contract, I have a right to resign from the services of the company by giving a 30-day written notice or payment in lieu thereof. I have resigned from service and offered payment in lieu of notice period but management denied it. They have decided to delay my release. I am told that the company will release me after three months because they need some time to get a replacement. Every day, I am being warned of consequences if I press for the release. They have not even given me a copy of my resignation letter. I need your legal opinion as per the Oman Labour Law. In such a case, as an employee, what preventive measures can I take?
You must, without delay, submit your issues before the Ministry of Manpower if you have reasonable apprehensions about your employers abusing their position and status to trouble you. While, the right of anyone to resign is a right per se, it is only natural justice that the employer is granted reasonable time to look for a replacement so that the employer's operations will not come to a standstill. This is particularly important in case of people holding key positions. However, if your employer is using this option just to trouble the employee and delay his exit from the country, the matter should be submitted to the Ministry of Manpower.
I am an expatriate Indian widow. My husband had an optical shop business. He died in an accident 15 months ago. After his death, my old sponsor released me and I got another sponsor from the court. I even got the share of my husband's business. The main problem is with my visa. My husband had an investor visa under llc. for the optical shop but I got only two visas for optometrist and technician. In special condition, my new sponsor applied for a visa for my shop. As a manager and the supervisor of the shop, the visa was denied. Then I applied for a sales person. The paper went from Sohar to Muscat Ministry of Manpower but still no response. Please help me as I have been living like a prisoner in Oman for the past 15 months. I want to live in Oman with my children ready to run the business but I have not got the visa. What is my fault? My husband's business partner has committed fraud with me. He has got more than the required share in the shop but me and my children are living like prisoners and not able to move. Please help me.
You need to elaborate your case for better understanding of the factual position and to ascertain what exactly has happened. It is difficult to discuss such complex issues through a column like this. Please contact a lawyer to study your problem in depth and to give you an expert advice.
Times of Oman, in association with Khalifa Al Hinai Legal Consultants, will answer the legal queries of readers every Monday. Questions can be sent to readersclub@timesofoman.com
Disclaimer: Opinions expressed in this column are for general guidance purposes only. They are based on facts presented to us and are not substituted for expert legal advice. Readers are advised to seek legal assistance for specific legal issues. Times of Oman and Khalifa Al Hinai Advocates & Legal Consultancy do not assume any responsibility towards anyone on this matter.
© Times of Oman 2014
