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Decision to regulate temporary transfer of expat workers

15 Dec 2024 Decision to regulate temporary transfer of expat workers in Oman By MUSCAT DAILY CORRESPONDENT

Muscat – Ministry of Labour has introduced new rules for temporary transfer of non-Omani workers within private sector establishments. The regulation, issued through Ministerial Decision No 730/2024 on December 15 by H E Dr Mahad bin Ali Baowain, Minister of Labour, aims to create a structured framework for the relocation of foreign workers within the private sector.

The move is intended to improve management of labour mobility and ensure compliance with Oman’s labour policies.

The decision specifies the conditions under which expat workers may be temporarily transferred between private sector establishments. It prohibits the transfer of workers to roles that have been Omanised. Workers can only be moved to positions within the same category as their current job, and the nature of the new role must align with their previous responsibilities. Additionally, the worker’s consent is required for the transfer.

To qualify for a transfer, a worker must have been employed at the original establishment for at least six months. The worker’s work permit must be active, with at least six months remaining before its expiration. The transfer period for a worker is limited to six months per year.

Furthermore, neither the transferring nor receiving establishment should have its services suspended by the ministry or have outstanding financial obligations to it. Both establishments must comply with Omanisation requirements. The percentage of workers transferred from an establishment cannot exceed 50% of its total workforce, and the same limit applies to the percentage of workers received by an establishment.

The establishment receiving a transferred worker must adhere to specific obligations. It is prohibited from continuing to employ the worker after the transfer period ends. The establishment is required to provide the worker with a wage that is not less than what they received from their previous employer, along with the same benefits and conditions, as per Oman’s wage protection system.

If a worker leaves the establishment to which they were transferred, they must notify the original establishment immediately, providing proof of departure. The original establishment is then required to submit a notice of the worker’s departure following ministry procedures. The period of temporary transfer will be counted as part of the worker’s total service period.

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