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MuscatGary
Joined: 03 Jun 2013 Posts: 1364 Location: Flying around the ME...
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Posted: Tue Apr 21, 2015 12:45 am Post subject: |
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There's a big problem now in Oman if you do a runner as it would mean non-completion of contract and therefore the two year no return law would kick in. Not important if you don't want to stay in Oman but a problem if it's just the employer you don't like and not the country. |
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Whatever will be
Joined: 05 Feb 2014 Posts: 303
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MuscatGary
Joined: 03 Jun 2013 Posts: 1364 Location: Flying around the ME...
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Posted: Tue Apr 21, 2015 4:02 am Post subject: |
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So now Omanis are selling visas illegally and agencies are charging for NOC's. So much for the anti-corruption drive. |
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Whatever will be
Joined: 05 Feb 2014 Posts: 303
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Posted: Tue Apr 21, 2015 11:20 am Post subject: |
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Last edited by Whatever will be on Wed May 06, 2015 1:28 pm; edited 1 time in total |
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omanoman
Joined: 11 Jun 2014 Posts: 140
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Posted: Tue Apr 21, 2015 3:11 pm Post subject: |
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Before this point gets canonized into Daves forum lore , I feel compelled to add to the thread.
The Times article you quote as evidence of the new norm in employment conditions in Oman is hardly cause for alarm. The story originates from the rumor mill it seems and is entirely related to Asian expats in blue collar work. I challenge any teacher here to find an example of a college administration selling NOC's on the side. How foolish would that be?
The NOC issue is a big problem, no doubt and it seems now that the recruiters are not willing to give it, at least Hawthorn in my personal experience - stories from my network so not 100% reliable but pretty safe.
And if someone gives proper notice, why would they not get paid? Is the employer so unscrupulous as to challenge a clear labor law violation? or is this just more spurious fear mongering from forum grumps? |
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veiledsentiments
Joined: 20 Feb 2003 Posts: 17644 Location: USA
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Posted: Tue Apr 21, 2015 4:29 pm Post subject: |
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omanoman wrote: |
And if someone gives proper notice, why would they not get paid? Is the employer so unscrupulous as to challenge a clear labor law violation? or is this just more spurious fear mongering from forum grumps? |
I suspect the latter as it has never been mentioned on this board, and you know that it would have been posted and reposted and reposted if it had happened. Employers that try that would have had their name plastered on here.
VS |
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Whatever will be
Joined: 05 Feb 2014 Posts: 303
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Posted: Tue Apr 21, 2015 6:11 pm Post subject: |
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Last edited by Whatever will be on Wed May 06, 2015 1:29 pm; edited 1 time in total |
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MuscatGary
Joined: 03 Jun 2013 Posts: 1364 Location: Flying around the ME...
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Posted: Wed Apr 22, 2015 1:34 am Post subject: |
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Whatever will be wrote: |
And here is the dilemma as it presents itself:
1.) The teacher resign giving the proper notice and won't get paid thereon after. Financial loss equals 3 months salaries plus holiday pay.
2.) The teacher gives proper notice and pays for the NOC to stay in the country. Financial loss equals 2000 Rial.
3.) The teacher makes a run for it and gets a 2 year work visa ban for Oman.
Financial loss equals 0.
What option would you choose? 1), 2) or 3) ? |
But you would lose your gratuity if you didn't say you were leaving as it's only paid on termination of contract. |
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Whatever will be
Joined: 05 Feb 2014 Posts: 303
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Posted: Wed Apr 22, 2015 3:50 am Post subject: |
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Last edited by Whatever will be on Wed May 06, 2015 1:29 pm; edited 1 time in total |
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veiledsentiments
Joined: 20 Feb 2003 Posts: 17644 Location: USA
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Posted: Wed Apr 22, 2015 3:58 am Post subject: |
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Whatever will be wrote: |
Why would anyone give a toss and bother posting in here once they left the country? |
That's obvious. Teachers who feel that they have been screwed are the first to come here and post about it. It has happened repeatedly over the last 20 years that this board has been around.
You only joined a bit over a year ago. Assuming that you are referring to native speaker teachers with Western passports, they would be posting from the airport if any employer hadn't paid their final monies.
It has happened to teachers in Saudi and the Emirates over the years and dozens of those teachers posted about it here.
What happens with non-native speakers is a whole other problem and rarely gets covered here as few of them join.
VS
(A gratuity is required by Oman Labor Law. Who are you working for? Time to name and shame... and turn them in.) |
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MuscatGary
Joined: 03 Jun 2013 Posts: 1364 Location: Flying around the ME...
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Posted: Wed Apr 22, 2015 4:35 am Post subject: |
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Whatever will be wrote: |
What gratuity?
None in my contract anyway. |
It's a legal requirement. |
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omanoman
Joined: 11 Jun 2014 Posts: 140
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Posted: Wed Apr 22, 2015 7:49 am Post subject: |
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Absolutely it is a legal requirement and everyone who works in Oman knows about that - how are you not aware of it? It is very clear in the law. Doesn't have to be even mentioned in a contract since the labor law is the bare minimum and will always stand. Contracts can offer more than legal benefits but not less.
The way that every employer mitigates the gratuity cost is by parsing salary packages into "allowances" since the gratuity is based only on "basic" salary. For a total package of, say 1300, the basic salary will likely only be 600-700 rials, the rest is under the categories of travel, housing, utilities, blah blah blah allowances. So, with a basic salary of 700 rials, the first year of employment is worth half of that, same for the second and third years. The fourth year is full basic. So, if you worked for 4 years, you would receive half plus half plus half plus full basic salary as a gratuity - 350 X 3 plus 700 = 1750. That would be the minimum.
Of course, some employers, not in our industry I don't think, offer full gross salary as a gratuity. |
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omanoman
Joined: 11 Jun 2014 Posts: 140
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Posted: Wed Apr 22, 2015 7:50 am Post subject: |
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It would be nice I think if this link could be posted as a "sticky" on this board - does anyone know how to ask for that? If not, google " oman labor law" and behold !
Download labour law
https://www.manpower.gov.om/portal/en/pdf/toc_en.pdf
Article (1): The provisions of the attached Labour Law shall be enforced, .... availability of the necessary Omani workers, shall be determined by a decision of the ... |
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MuscatGary
Joined: 03 Jun 2013 Posts: 1364 Location: Flying around the ME...
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Posted: Wed Apr 22, 2015 8:06 am Post subject: |
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Some employers, Hawthorn as an example give the full months basic salary from year one. |
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omanoman
Joined: 11 Jun 2014 Posts: 140
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Posted: Wed Apr 22, 2015 3:25 pm Post subject: |
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well, there's a perk. Can always get more than the law requires but not less.
Whatever will Be - check the link to the law and see where you stand on your rights. The English version can be vague in places but otherwise the legal clauses are pretty clear.
The only alternative that I have heard about and has been discussed here on another thread, is the option for an employer to pay you the gratuity amount pro-rata as part of the monthly package. That would save some cash flow burdens at the end of the year, certainly. |
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