Oman

Under the Sultani Decree No. 52/2023 promulgating the Social Protection Law, Article 121: The provisions of the Sick Leave and Extraordinary Leave Insurance Branch apply mandatorily to all Omanis working in the Sultanate of Oman, including all types of contracts, including temporary contracts, training contracts, and retired workers. The provisions of this section shall not apply to self-employed Omanis, part-time Omanis, Omanis working in the States of the Cooperation Council for the Arab States of the Gulf, and Omanis working abroad. The provisions of this section shall apply mandatorily to non-Omani workers working in the Sultanate of Oman in accordance with the categories issued by a resolution of the Council.

The law specifies that migrants who do not benefit from the provisions of the Social Protection Law, are entitled to a gratuity of not less than a basic salary for each year of service. Previously, the gratuity was half a month’s wage for each year for the first three years and a month’s wage per year for every subsequent year. The new labor law explicitly mandates a 60-day period during which the employer holds the responsibility to arrange the repatriation of migrant workers. Previously, the law noted no timeframe for repatriation. Importantly, migrant workers who initiate legal proceedings to recover their dues from the employer now have to retain the right to stay in Oman until the claim is decided upon. All costs associated with staying in Oman in such cases are borne by the worker.

This law significantly expands protection to migrant workers in Oman, who represent over three quarters of the country’s working population. Migrant workers will be covered for employment injury, maternity and sickness under the same terms as national workers. For the first time in the region, a national provident fund will also be established to administer end-of-service benefits to migrant workers. 

Foreign investors and retirees can obtain long term residency rights in the Sultanate.

Ministerial Decision 115/2020 states the authorization to bring in non-Omani workers to private sector establishments working in the cleaning sector shall be in accordance with the requirements: The employer must be fully devoted to the management of the facility, insured with the General Authority for Social Security, hold a valid leadership card, and provide valid specified documents.

Ministerial Decision 157/2020 amends Article 24 of the Executive Regulations of the Foreigners’ Residence Act in which it states: “A foreigner’s residence permit may be transferred from one employer to another, given that they have acquired a license to recruit workers, provided that proof of end or termination of contract is submitted, and evidence indicating the approval of the competent government authority on the second employer’s contract with the foreigner, in according with the regulations specific to the competent authority. The transfer of the residency of the foreigner entails the transfer of the residency of his family members to the second employer when the necessary conditions for their residency are fulfilled.”

The percentage of the national workforce in the private sector establishments working in the fisheries sector is determined by the ministerial decision according to a schedule that progresses yearly. For example, in coastal fishing and trade, the percentage of national workers is to be 15% in 2020, 17% in 2021, 20% in 2022, 23% in 2023, and 25% in 2024.

The percentage of the national workforce in the private sector establishments working in the mining sector is determined by the ministerial decision according to a schedule that progresses yearly.

The ministerial decision sets regulations for the recruitment of non-Omani workers in the sector of carpentry, blacksmithing, and aluminum work, stating that the permission to recruit a non-Omani worker is given on a temporary basis and shall be in accordance with the project agreement and the value of the project, provided that the employer pledges to deport the authorized workers after the project ends, or to renew their work permits after submitting another project agreement or extending the original agreement.

The ministerial decision states that land and real estate that non-Omanis are prohibited from owning in the Sultanate must be specified as follows: Agricultural lands in all provinces; or Other lands and real estate in the governorates, states and mountains specified in Article 1 of the law, as well as in all islands in the Sultanate, and in the surroundings of palaces, headquarters of security and military authorities specified under the text of Article 2, and in the heritage and old neighborhoods specified by the Ministry of Heritage and Culture; this does not include land and real estate located in finished tourist housing compounds.