Job Discussion Forums

[Charlie123]

I'll be staying in Oman but switching jobs. If I cancel the visa then I will have to return on a tourist visa, I guess and then reapply for everything for the new employer.



Anyone have any insight on this?

[veiledsentiments]

They need the labor card back in order to replace you. I assume that you resigned so that pretty much cancels your 8/31 contract end. I would say that it is theirs... not really yours. It is up to them, and yes, they can absolutely withhold your gratuity if you refuse to return it.

Take that trip to the Emirates and get a tourist visa when you return. Talk to your insurance company to see your options - explaining that you will have a new job in Sept. You can also get "travel medical insurance" at a travel agency. Everything has to start again with a new employer anyway.

You don't want to lose that gratuity. Not to mention, depending on the wasta level of your employer, they can block you from taking another job - and your new employer may not have the wasta to change it.

VS

[Charlie123]

Are there any laws regarding gratuity? I would think that they would need a good reason to withhold it.

[MuscatGary]

I thought if you left a job you had to stay out of Oman for two years before you could get another one? Has that changed?

[Charlie123]

Yes. If you obtain a no objection letter from your previous employer, you can switch jobs.

[veiledsentiments]

So, they have agreed to give you a "no objection" letter to help you out, but you don't want to give up your labor card so that they can replace you?

VS

[Sleepwalker]

If you resign then they will cancel your visa at the airport.

I believe that if they give you a NOC then they can't replace you with an expat so make sure you have your NOC.

No NOC means two years out.

[Sleepwalker]

For Charlie123

Labour Law

Article (39):

On the termination of the relation of work of the workers who are not beneficiaries of the Social Insurance Law the employer shall by the worker a post service gratuity in the amount of the wage of fifteen days for each year of service for the first three years, and the wage of one month for each of the following years. The worker shall be entitled to the gratuity for a fraction of the year proportionate to the period of his service and the last basic wage of the worker shall be considered the basis for the calculation of the gratuity.

The continuous period of service, which commenced prior to the enforcement of this law shall be included in the period of service which is considered for determining the period for which of gratuity is payable.

The said gratuity shall not be payable if the duration of service is less than one year.

Article (40):

The employer may dismiss the worker without prior notice and without end-of-service gratuity in any of the following cases:

1- If he assumes a false identity, or if he resorts to forgery to obtain the employment;
2- If he commits a mistake which results in a heavy financial loss to the employer provided that the latter should notify the relevant directorate of the incident within three days from the date of his knowledge of its occurrence;
3- If he in spite of being notified in writing does not comply with such instructions the compliance with which is necessary for the safety of workers or the workplace, provided that such instructions shall be written and hanged in a conspicuous place and the contravention of which is likely to cause a grievous damage to the work place or to the workers;
4- If he absents himself from his work for more than ten days without reasonable cause during one year or for more than seven consecutive days provided that such dismissal shall be preceded by a written notice to him from the employer after his absence for five days in the first case;
5- If he discloses any secrets relation to the establishment in which he works;
6- If a final judgement is entered against him for an offence or felony for breach of honour or trust or for a felony committed in the work place or during the course of his work;
7- If he is found during the working hours in a state of drunkenness or was under the influence of an intoxication drug or mental stimulus;
8- If he commits an assault on the employer or the responsible manger or if he commits a grievous assault on any of his superiors in the course 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;