MUSCAT, Dec 16 - The services of an employee cannot be terminated without sufficient reasons and substantial evidence. “Before taking action against an Omani employee, the company should produce ample evidence and substantiate that he/she cannot be kept on the job,” said Mohammed bin Ghalib al Hinai, adviser (Human Resource Planning) at the Ministry of Manpower.
While reiterating, there is no change in any of the sections in Oman’s labour laws. Al Hinai said the term ‘hire and fire’ is to ensure that an employee performs his job with responsibility and there is no dereliction.
However, an employer may dismiss a worker without prior notice and without end-of-service gratuity for reasons mentioned in different sections in Article 40 of the Labour Law.
In a recent speech, Shaikh Abdullah bin Nasser al Bakri, Minister of Manpower, said employees can adopt a policy of ‘hire and fire’ with conditions.
The minister said in the event of an Omani employee being removed after charges against him/her are found to be true under relevant sections of the law, another Omani national should be appointed in his/her place.
“A foreign worker cannot replace an Omani employee,” he stressed. According to Al Hinai, various sections in Article 40 of the Labour Law deal with conditions for the removal.
“An Omani employee can be removed from service if he assumes a false identity or resorts to forgery to obtain employment,” he
said. Similarly, the company can resort to dismissal if an employee commits a deliberate mistake which results in heavy financial loss to the employer.
“If an employee absents himself from work for more than ten days without reasonable cause during a year or for more than seven consecutive days may also result in dismissal,” he said.
However, such a dismissal shall be preceded by a written notice to him from the employer after his absence for five days in the first case.
Other reasons are if an employee is found to be disclosing any secrets about the establishment in which he works; if a final judgement is entered against him for an offence or felony for breach of honour or trust or found in a state of intoxication during working hours.
Also an employee can be removed for assaulting employer, superiors or a colleague at the work place which could result in sickness or delay from work for a period exceeding ten days.
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