Job Discussion Forums

kylemcgee · Joined: 04 Nov 2009 Posts: 86 Location: Various..

Hello -

I have been working hard for a small college outside of Muscat. Things were pretty dismal, but I was surviving. I was never given a contract, so I thought I was a free agent to some extent, but had no particular plans to leave.

Then I was contacted by a great government in Muscat for a job. I gave my 30 day notice and the small college acted Ok at first, but things have changed.

Now they have said they will only release me in Mid Feb (2 weeks after I need to go). Additionally, they want me to pay for the initial flight they gave me though I have worked the 1st semester (the offer included 2 flights). Also, they want me to pay 1/2 of the work visa fee. And most disturbingly, I discovered I was not paid like all the other employees. Apparently, they are holding my salary ransom until I agree! Sad

I need to do something fast. I need a lawyer or the contact info for the labor board so I can get this stopped ASAP.

Any ideas? Please help..

Kyle

sharonariel · Joined: 06 Jan 2011 Posts: 54 Location: Changzhou, Jiangsu

Well why don't you just find them a replacement?

You are reading a message from a guy who is looking for a job in the Middle East.

I could be there to take your place at about the time they want to release you. Or even a bit before, if there are not that many visa problems getting a visa into a US passport in China.

[email protected]

veiledsentiments · Joined: 20 Feb 2003 Posts: 17644 Location: USA

Obviously this isn't how it works. Mr sharonariel (not a name to be heading to the Middle East with...), if you want a job in Oman, there are always ads on the jobs page from these recruiter-based jobs. As I recall there was one just a few days ago. The visa process for new hires takes time.

KM... Your embassy might be able to refer you to a labor lawyer. A google might bring up some help too. Your mistake was giving notice without knowing what the contract said. Most tertiary level contracts require a 6 month notice... NOT 30 days... though some have mentioned here that they had a 3 month notice... so you likely broke your contract right there.

Jumping jobs in a month in the Gulf is nearly always an impossibility. I'd say that you are likely out of luck... best that you just discuss withdrawing your resignation and finish out the year.

VS

Duffy · Joined: 29 Oct 2005 Posts: 449 Location: Oman

Kyle,

Have PM'd you.

Duffy Laughing

kylemcgee · Joined: 04 Nov 2009 Posts: 86 Location: Various..

kylemcgee · Joined: 04 Nov 2009 Posts: 86 Location: Various..

Sleepwalker · Joined: 02 Feb 2007 Posts: 454 Location: Reading the screen

I suspect that the problem is that you didn't complete the initial contract which is usually (at minimum) a year. Even if you didn't sign a contract, you are under their sponsorship.

The college won't want to release you without a replacement and I have heard of people having to repay the whole flight costs and some salary.

VS may be right and you might be better to withdraw your notice.

I wish you luck.

kylemcgee · Joined: 04 Nov 2009 Posts: 86 Location: Various..

veiledsentiments · Joined: 20 Feb 2003 Posts: 17644 Location: USA

eslbear · Joined: 19 Feb 2010 Posts: 93

You are right, the law is on your side in this.

1. no contract means there is only the labor law to go by and btw, it is a knock against the employer that they have not given you a contract.
2. 30 days notice is the legal amount in the law, no question - i hope you have that letter or at least a copy received by them
3. repayment for the ticket and visa fees is a non-starter, again the law fully on your side

the first step is to go to the manpower office in ruwi, beside the large older mosque, same street as spicy village and arrange a mediation meeting - you will be given an appointment and the college will be contacted with the same. They wont like it of course but its only mediation. there, the two parties sit with a rep from ministry and tell the story - it helps to have an arabic translator but its not absolutely necessary.

all of this takes time so you should maybe take a copy of the law to the college and stand up for yourself - they have really nothing in their favor. Your new employer needs to send them a request to transfer the visa - this is often mistaken as a letter of no objection but it is similar i suppose. The college cant stop you from getting a new job especially since you gave the 30 days notice.

if it goes to mediation etc. it helps to have any and all documents translated -costs about a rial per page.

the only thing on their side is the length of time these things take but with your new employer requesting the visa transfer ( hopefully) you should be able to change jobs while you sort out the money owed to you. If you can manage without that money until it is settled, you can do it. If they are stubborn and refuse to pay, you can go to court and most likely win but it could take 6 months for a date. legal fees should be about 400 rials for a lawyer to handle your case.

the labor departments here are busy busy with cases but in this case, I can easily see you winning any salary owed to you, if they keep some, and you will not pay out for tickets or visa, for certain.

get your papers together, a few quotes and relevant articles from the law and dont back down.

eslbear

carrottop · Joined: 24 Nov 2009 Posts: 22

If you don't have a contract which is signed and stamped the school you are at can do nothing. Instead of paying a laywer go to the labor court with you contract and all evidence that you have against them. The labor court will give you free advice.

kylemcgee · Joined: 04 Nov 2009 Posts: 86 Location: Various..

WiseSheikh · Joined: 11 Oct 2008 Posts: 17 Location: MUSCAT

Allow me to let in on an open secret; employers in Oman are somewhat afraid of the "white people" that is assuming you are one. If you are not then you are really screwed should you intend to remain in Oman.

You could go to the labour court and win but get blacklisted in turn especially if the owner (sponsor) of your college (or the recruiter) has a lot of wasta. The fact that they were so bold (or stupid) and confident enough not to have gotten your signature on a contract says a lot about them, i.e. they may believe that they can get away with anything even with a "white person."

My opinion, "tread softly but carry a big stick." Make them understand that you know your rights (Labour Law) but do not put it in their faces especially since you intend to continue working in Oman.

kylemcgee · Joined: 04 Nov 2009 Posts: 86 Location: Various..

eslbear · Joined: 19 Feb 2010 Posts: 93

So you're leaving then??

The only thing an employer is obligated to give you is a letter of experience - art. 46 in the law - if you have a new job offer, the new employer sends a letter of request to transfer the visa. If they refuse, you have another thing to bring up in the mediation and the ministry will support you.

The labour dispute offices are in ruwi - do you know the older mosque, I think it is called the Qaboos mosque. Very near the bus station, a landmark is Spicy village restaurant which is at the corner of the street where the ministry is - you can't miss it.

You can be polite but firm about it although I wouldn't go so far as to equate increased powers of negotiation to the color of your skin. It is clearly wrong what they are trying to do and they likely know it.

eslbear