Despite the reduced number of expatriate workers in the Omani private sector to less than 1.8 million compared with 2.1 million in the past two years, the cases of those arrested for violating Labour Law need to be considered and highlighted.
According to the figures released by the Ministry of Manpower, 27,837 expatriate workers were arrested last year, most of them from Asia. The maximum number of arrests (8,923) were made in the Muscat Governorate followed by Al Batinah North (6,918), Dhofar (3,017), Al Batinah South (1,798) and then the other governorates.
Although many expatriates are working in the Sultanate, the majority of migrant workers violating the Labour Law are nationals from the Asian continent.
Bengalis, Pakistanis and Indians account for 93.3 per cent of the total labour force in the Sultanate and the remaining 6.7 per cent other nationals.
Therefore, most violations are committed by these groups. Violations include running away from sponsors/employers, staying in the country for extended periods on tourist visas or working illegally with expired residency visas. The violating expats are arrested either directly during inspections and welfare checks in the employing companies they run away from or during raids carried out by the ministry concerned in neighbourhoods, commercial centres and shops, while some surrender voluntarily. Their conditions are settled with their employers after reviewing their records to check if any expat worker is wanted by judicial authorities for crimes during the escape period. Moreover, the ministry concerned sometimes announces an exceptional amnesty period to allow those expats to turn themselves in voluntarily for deportation.
Expat workers flock to the region mainly due to the volatile economic conditions in some countries or to improve their standards of living. The Sultanate is one of the countries targeted by expatriates from different nationalities because of its stability, security and economic growth. Expats now account for 45 per cent of the total population of 4.2 million.
Omani Labour Law is also very clear. The employment contract requires workers to undertake certain jobs for employers under their management and supervision for the required wages.
Workers must pass the probationary period, enter the country legally, meet the requirements stipulated in the expatriate residency law on foreigners, be medically fit and free of infectious and/or chronic diseases as per the Ministry of Health regulations, among other provisions.
The law also prohibits the employer from allowing any expatriate worker to work for others as the contract shall be in writing, including type of work, categories and wages according to the job or occupation of each worker. It obligates the licensee to return the worker to the entity from which he was brought, if it is proved he does not meet the conditions stipulated in the contract.
The Sultanate is keen to maintain labour rights in accordance with the Omani Labour Law so as to not allow any violations against expatriates or their dignity and health. The recent years have seen a growing awareness of the country’s labour and the follow-up on issues related to violations against both nationals and expat workforce by the entities concerned.
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