Employees in the Sultanate are entitled to two consecutive days of rest per week after working continuously for five days. This clarification came from the Ministry of Manpower in response to questions on social media following the introduction of a one-day weekly off for employees by a private company.
“It is mandatory to give a weekly break of not less than two days after five consecutive working days in line with Article 71 of the Labour Law,” the ministry said on Tuesday.
The decision taken by the employer is invalid because it violates the Labour Law. “The worker must file a complaint against the establishment,” clarified the statement.
The private sector employees in Oman have been enjoying a five-day working week from October 2011 following amendments to the Labour Law.
However, domestic servants working, including drivers, maids, cooks and those with similar jobs, are excluded from this law. The labour law states that the Manpower Minister shall issue the rules and terms of work relating to these categories.
According to the ministry statement, the accumulation of weekly rest periods for not more than eight weeks may be permitted by the minister in respect of certain places of work specified by the minister if the employer and the employee agree to this in writing.
“The weekly rest shall, in all cases, be payable,” the statement added.
Experts, however, opine that employees can work six days per week, provided this is clearly spelt out in their contract, and provided they are either paid double their daily basic salary for the sixth day, or given an extra day of annual leave in compensation for every sixth day worked.
“We understand that workers can work six days per week indefinitely provided the contract provides for this mechanism,” said an expert familiar with Oman’s labour law.
According to Article 68 of the law, an employee may not be required to work for more than nine hours a day and a maximum of 45 hours a week with at least half-an-hour breaks for food and rest.
The maximum work hours during Ramadhan shall be six hours a day or 30 hours a week for Muslim employees.
The work hours shall be separated by one or more intervals for having food and rest, the total of which shall not be less than half an hour.
The continuous period of work shall not exceed six hours.
An employee may be required to work for more hours if the interest of work so dictates, provided the total original and extra work
hours not exceed 12 hours a day, states the law.
“The employer shall pay the employee overtime equal to his basic salary against the extra work hours plus at least 25 per cent for day-time work and 50 per cent for night work or allow the employee to work extra hours provided he agrees to it in writing,” says the law.
With regard to the work at ports, airports, on vessels, ships or aircraft, the law states that the employer and the employee may, after obtaining the approval of the ministry, agree on payment of a fixed allowance for employees in lieu of the overtime payments, provided an approval is obtained from the ministry.
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