Job Discussion Forums

russianbear · Joined: 10 Mar 2011 Posts: 9

Our company often doesn't pay people on time or sometimes doesn't pay people at all!

Does anyone have advice about the legal steps a person could take with regards to situations such as these?

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

Complain at the Ministry of Labor.

VS

russianbear · Joined: 10 Mar 2011 Posts: 9

What if teachers don't have contracts as is the case with a number of teachers? Some teachers have employment cards but no contracts. How is that possible?

What if they have been working for weeks but their visas have not been processed yet? Do the teachers without contracts and visas still in the processing stage still have a legal leg to stand on?

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

Who knows? Ask the Ministry. They set the rules.

VS

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

If the teachers are working whilst visas are being processed, they still have the right to be paid. Workers all have rights under the Labour Law.

http://ebookbrowse.com/oman-labour-law-pdf-d53510186

My advice - get another job and resign. If the employer makes problems, take them to the Labour Court re the salary.

happyroofus · Joined: 08 Oct 2010 Posts: 80 Location: Middle East

Actually it's the Ministry of Manpower, but you'd have to go through the Labor Dispute Settlement Department and file a Labor Claim. Only prob is, you'd need a lawyer and they can be quite expensive (800 OMR+). Might not be worth your while, depending on how much your owed.
Also, if it's a late-payment-of-salary issue, then the paying institution has a certain amount of reasonable leeway within which to comply. However, if it's a failure-to-pay-salary matter, then it's off to the LDSD for sure. a Labor Claim can be filed within 12 months after the date of leaving one's employment in Oman, after that its time-banned.

HR

happyroofus · Joined: 08 Oct 2010 Posts: 80 Location: Middle East

All of this obviously depends on whether you have a contract or not..

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

You don't need a lawyer as there are stages starting with arbitration. It may be that the threat of appearing on the record will prompt payment.

If there are a number of you, hire 1 lawyer (around 500 rials).

I also wish that it was possible for the approval for such institutes to be withdrawn

happyroofus · Joined: 08 Oct 2010 Posts: 80 Location: Middle East

Difficult to petition for arbitration without a lawyer guiding you and having the translations done when required.

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

A friend of mine did this some years ago and had a judge who spoke English at the arbitration stage - she got her money before it went to court.

It's worth a try or file a multiple claim with 1 lawyer representing you all. It will lend weight to your claim.

When you win - name and shame.

happyroofus · Joined: 08 Oct 2010 Posts: 80 Location: Middle East

Hey Sleepwalker,

This is all really interesting and I have to thank you for enlightening us more on this issue. I think a few esl'ers out there might find this most helpful Very Happy

HR

Warning Bells · Joined: 10 Mar 2011 Posts: 87 Location: Always Changes

Where I worked, our employer was proving to be extremely unreliable and we all made an agreement to just sit home and not work (by a certain day) if we weren't paid. They seemed to know about it and that under-the-table, hush-hush threat worked in our favour. Why should we have to work for employers who don't pay us? Why shouldn't we sit home and refust to go into work until we get paid?! Has anyone considered doing the same over there?

PattyFlipper · Joined: 14 Nov 2007 Posts: 572

The Labour Dispute Settlement process is actually quite fair - perhaps even weighted slightly in favour of an employee who has acted legally and reasonably in all the circumstances - however, difficulties arise in trying to enforce any compensatory award. The Labour courts have no powers to force a recalcitrant employer to satisfy the judgement (i.e. they cannot garnishee bank accounts or seize assets) and Omani law in general is almost totally silent (and toothless) on this issue. So even if you win your case, there is still no guarantee that you will get your money if the employer simply decides not to pay up.

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

The people I know that have pursued a claim have got most (if not all) of their money.

Most employers keep a eye on forums like these and don't to end up as the most popular thread. There are other places such as http://eslwatch.info/.

As I said before, when you win your case, name and shame so that others don't suffer.

PattyFlipper · Joined: 14 Nov 2007 Posts: 572