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Hello I Want Out of Here
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awakenow



Joined: 26 Nov 2011
Posts: 14

PostPosted: Mon Nov 28, 2011 6:30 pm    Post subject: Hello I Want Out of Here Reply with quote

Hello,
this experience has been not anything like it sounded during the phone interview but I shall skip details as they are not what is important at this time.

I've watched this forum for a long time but this is my first post. I'm posting because I took a first time job in Oman and I want to get out.

I've read over the contract several times and it is not clear to me that if I quit after my 3 month probation, if they will cover my airfare out. I would like to know the law of the country. If anyone has privilege to this please inform me.

This recruiting agency has been a nightmare and I want out asap. I have not notifyed them as yet because of the obvious.

What a disappointing experience. I came to be an excellent teacher with good experience, hope and happiness to share, I leave disappointed and tired. I am not here to speak bad things about the recruiter but only to try to save myself from this bad dream. It would be sad to me to have to use savee money I did earn on airfare.

Anyone who has absolute knowledge concerning the law of oman and if I can get my airfare home kindly respond. Thank you.
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usa_in_gulf



Joined: 10 Aug 2009
Posts: 133
Location: Gulf

PostPosted: Mon Nov 28, 2011 7:35 pm    Post subject: Reply with quote

If you are quitting before the end of your contract, and after your probation period, you are breaking your contract. Therefore, you must pay for your flight.
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Tue Nov 29, 2011 3:51 am    Post subject: Reply with quote

It depends on whether you are following the procedure in your contract. If it is after your probationary period, normally you are required to give X months notice. If you give the proper amount of notice, they should pay the ticket. If you give less than the required notice, it would be breaking the contract and they would not be obligated to pay.

At least that is the policy with direct hire. Whether the recruiters follow the law or not... I guess you will find out.

VS
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cam



Joined: 22 Jan 2003
Posts: 124
Location: Maine, USA

PostPosted: Tue Nov 29, 2011 12:24 pm    Post subject: Reply with quote

If you are already past the initial three months and you are quitting before completing your contract then you are responsible for your own ticket.

If you don't want to spend your money you have to stay. You are stuck unless you do something "bad" enough to get fired and then the company might pay your way home.
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Tue Nov 29, 2011 3:22 pm    Post subject: Reply with quote

cam wrote:
If you are already past the initial three months and you are quitting before completing your contract then you are responsible for your own ticket.

Not true under either contract that I worked under in Oman. If you gave the proper (stated in the contract) 6 month/one semester notice, they will pay for the ticket. You should even get the gratuity for months worked according to Omani labor law. (an Omani administrator told me that... I was surprised)

But again... I wonder whether these recruiters are paying the least attention to labor law since most people are out of the country quickly and unable to fight it.

VS
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awakenow



Joined: 26 Nov 2011
Posts: 14

PostPosted: Tue Nov 29, 2011 7:45 pm    Post subject: error Reply with quote

.error

Last edited by awakenow on Tue Nov 29, 2011 7:52 pm; edited 1 time in total
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awakenow



Joined: 26 Nov 2011
Posts: 14

PostPosted: Tue Nov 29, 2011 7:51 pm    Post subject: have got more infor on leaving Reply with quote

I discovered that it is 1 or 2 months notice but the recruitng company can fire upon 0 notice. but no need to work hard for the 2 months, they drained me. the motivation i came with is dissolved.
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awakenow



Joined: 26 Nov 2011
Posts: 14

PostPosted: Tue Nov 29, 2011 7:55 pm    Post subject: i mean to say Reply with quote

that I can leave and they must pay airfare as long as there is a 1 or 2 month written notice. not clear about 1 or 2 moths notice. conflicted answers
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Wed Nov 30, 2011 2:02 am    Post subject: Reply with quote

All employers can fire (expats) with -0- notice... so it has always been and always will be.

Do you not have a copy of your contract?

VS
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WiseSheikh



Joined: 11 Oct 2008
Posts: 17
Location: MUSCAT

PostPosted: Wed Nov 30, 2011 4:47 am    Post subject: Reply with quote

veiledsentiments wrote:
All employers can fire (expats) with -0- notice... so it has always been and always will be.

Do you not have a copy of your contract?

VS


I don't think any sane recruiter or employer would draft and sign a contract with no notice period as this is in violation of the omani labour law. As far as I know, it is a 7-day notice within the first 3 months and the notice period after this is based on the agreed period in the contract. I believe SQU's is a semester long notice from either side?

About flight ticket, some of these recruiters will try to s@*#w you over so you might want to take the trouble to read the labour law to find out what it says.
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Wed Nov 30, 2011 3:18 pm    Post subject: Reply with quote

WiseSheikh wrote:
I believe SQU's is a semester long notice from either side?

This is the pretty much the standard with the legitimate, well-organized employers. This was the notice from all my employers in the Gulf. IMHO, any tertiary institution who allows teachers to decamp in the middle of a semester doesn't deserve to be in existence. It is so disruptive for the students. Of course there are emergency situations, but no professional educator should decamp on short notice just because they are ticked off at their supervisor or bored or found a cockroach in their flat.

The professional places will also either give the notice or if short notice, pay the extra semester. (as was done at HCT a couple years ago when they suddenly let a large number of teachers go in May)

VS
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awakenow



Joined: 26 Nov 2011
Posts: 14

PostPosted: Thu Dec 01, 2011 10:19 am    Post subject: Oman tatics unbearable Reply with quote

I am trying to be nice and not say horrid things about these people who brought me and my wife here.

If it were bearable I would stick it out. But it is not.

Am tired of fighting for every cent and living this way. There are better jobs elsewhere that I have lived,

I did not realize how good it was working in China was until I had this to compare. it all falls into this non-direct hiring from people not from this country which caused our problems.



I have worked in many countries and NEVER been treated like this. I shall give the notice next week and get out of this place. thanks for your attempts to help.
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madrileno



Joined: 19 Aug 2010
Posts: 270
Location: Salalah, Oman

PostPosted: Sat Dec 10, 2011 4:58 am    Post subject: Re: Hello I Want Out of Here Reply with quote

awakenow wrote:
This recruiting agency has been a nightmare and I want out asap. I have not notifyed them as yet because of the obvious.


I'm very curious as to which recruiting agency this is. If and when you get out please let us know.

Good luck.
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urbanversion



Joined: 27 Jan 2011
Posts: 426

PostPosted: Sun Dec 11, 2011 1:05 pm    Post subject: re: apples and oranges Reply with quote

I feel your pain man, seriously!

I did not realize how good it was working in China was until I had this to compare

Indeed. And I am now back working in China, and even with the cold winters and the lows, I still feel happier than I was in Oman.

Most of the old timers there are raging alcoholics and chain smokers, seems it's the only way to tolerate the insane heat and the stress...just not worth it IMHO.

The scenery and stuff is great, but why live there forever, god only knows?!
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nicole2010



Joined: 24 Jan 2010
Posts: 25

PostPosted: Wed Dec 21, 2011 10:41 am    Post subject: Reply with quote

re: contract/leaving early

1. Probation period (3 months): 7 days notice for either party

2. After probation you must check if your contract is 'indefinite' or has a term (i.e. 2 years). If it's an indefinite contract, the you only need to give 30 days notice. If it is a 'term' contract, the the notice period should be stipulated in the contract. If there are no terms, it defaults to 'indefinite' contract.

3. The employer is almost always responsible for paying the expat workers trip home if the termination of the contract was for a legal reason. Request the ticket in writing. The people in the Manpower office are quite pleasant and if you approach them with a humble attitude, they will most likely help you out. The agency will probably back down once it seems you are going to the Manpower office and give you a ticket. One thing about Oman is you must stand firm (but polite) and take everything to the limit to get results. Don't be afraid to call their bluff. If you have any Omani friends, ask them to talk to the agency for you or Manpower. Also, be careful of any incendiary remarks as there is an anti-insult law. In addition, the recording of conversations is not unheard of.

4. Notes: If you want to get out of it fast; then leaving during the probationary period is the easiest with 7 days notice. Once you are past that, you are subject to the contract (but so is the employer). It is much harder to fire you after the 90 days and your claims for salary become stronger. In fact, if you just stopped showing up after 90 day, they still are responsible to pay you until they take an action against you with Manpower. You can always get a sick day note from the clinic. I have heard of someone doing this. However, you will be subject to the termination notice period in the contract (I think 90 days is the norm).

And, if you just do the minimum work prescribed by contract, there is nothing they really can do if you show that to Manpower, and the agency may prefer to just buy your ticket and send you out. Actually, by doing nothing and being lazy (if you want to really leave) you have a better bargaining position in some cases because Manpower takes a while and it's costly for them to bring another employee and you are holding one spot of their foreign visas allotted. The Omani labour laws are reasonable in many ways to the employee.

Some law sections pertaining to the issue:

Article 20
A decision of the Minister shall specify the conditions which are prerequisite for granting a license, the rights and duties of the licensee, the conditions and particulars which must be available in the contract entered into between the employer and the licensee and particularly the contract shall be written and contains the type of work, categories and wages of the workers according to the job or profession of each one of them, [u]and the obligation of the licensee to send the worker back to the place where he has been brought from[/u] for work if it is evident that he does not satisfy the conditions provided for by the contract.

Article 37:

If the contract is for an unlimited period, any party may choose to terminate it by giving the other party a thirty day written notice of termination in case of employees who receive their salaries monthly, and fifteen days for other employees unless it is agreed in the contract for a longer period.

If the contract is terminated without such period being observed, the party who terminates the contract will be obliged to pay to the other party a compensation equal to the gross salary of the notice period or the remaining part thereof.

Article 24:

An employee may not be appointed under probation for a period which exceeds three months for those who receive their salaries monthly, and one month for those who receive their salaries otherwise.

No employee shall be appointed under more than one probationary period by the same employer, and the probationary period if successfully passed, will be counted in the period of service.

Any party may terminate the contract during the probationary period by giving the other party at least a seven day notice.
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