MUSCAT, OCT 31 - Expatriates working for a local sponsor or doing a job which is different from the one mentioned on the visa is illegal and is a punishable offence, according to the Ministry of Manpower (MoM).
However, there are exceptions to this wherein a valid contract between the sponsor and the employer is in effect and he or she is working in the premises mentioned in the document.
“One is not allowed to work for a company other than the one that sponsored the employee and working on a job different from the employment mentioned in the visa is illegal and is punishable on the sponsor, employer and the employee as per the Oman’s Labour Law”, a senior official at the Ministry has said.
Article (18Bis) says that the employer shall not let any non-Omani worker authorised to work for him to work any other employer, or employ any worker authorised to work for another employer or residing in the Sultanate illegally. Employing any non-Omani worker in any Omanised occupation too is equally an offence in the eyes of the law.
“In case of absconding workers working for a different employer, the local sponsor is entitled for legal exemption only if he has lodged an absconding complaint with the Royal Oman Police and has not found the runaway worker”, he added.
An employee can work for a different employer only when both companies have a legal contract binding both parties to act accordingly. Examples of this are construction, IT and cleaning and maintenance companies.
“It can be an annual contract or an agreement for a particular project where the same ends on a stipulated date agreed upon by both. If the owner of both companies is the same, employing a person is again based on the agreement between the two but the work shall only be for the profession mentioned on the visa.
“There is no visa called ‘free visa’ as is often mentioned by employees. Oman doesn’t have a system called ‘free visa’ where employer can keep in work an employee who holds a visa from another local sponsor”, the official added.
Article (113Bis) stipulates that anybody commits, helps or agrees upon committing any deed infringing the provisions of the Article (18Bis) of this law shall be punished by being imprisoned for a period of not more than one month and paying a fine of not less than one thousand RO 1000 and not more than RO 2,000 or shall be subject to one of these two penalties. If the perpetrator is not an Omani employee, he shall be expelled from the Sultanate at the expense of the employer and shall be banned from entering the country.
KABEER YOUSUF
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