MUSCAT, AUGUST 28 - Oman Human Rights Committee (OHRC) said all allegations made by a domestic worker to the International Trade Union Confederation were baseless, and added that her complaints were part of the efforts to move away from the Omani family (the employer) and indulge in activities which violate terms and conditions. “OHRC pursued the case of a domestic worker of African nationality after receiving a letter in this regard from the International Trade Union Confederation that the worker was mistreated by an Omani family (her employer) and she wanted to return home.” On receiving the letter, OHRC spoke to the employer, who said the worker was not harmed in any way and that these allegations were incorrect.
CONTRACT TERMS
The employer added that the worker created problems for the family as she was unwilling to work, and instead fabricated reasons to leave the house. “She wanted to search for another job outside the terms of the contract with them or return to her home country,” the statement said. As part of the investigation, OHRC interacted with the National Committee for Combating Human Trafficking, supervised by the Ministry of Foreign Affairs of the Sultanate, which in turn sent a team to the residence of the worker, and started investigating the matter.
The team found out that all the allegations made by the worker were unfounded, and what she has expressed is an attempt to leave the employer to initiate other illegal activities. OHRC took the worker to an authorised health centre for medical examinations, which revealed that the domestic worker was not subjected to any kind of physical abuse. In cooperation with Ministry of Manpower, Royal Oman Police, the worker has been provided safe accommodation, all required necessities, paying her all outstanding dues and ensure her safe return to her home country.
OHRC said that the Sultanate pays great attention while applying legal system which ensures the rights of workers regardless of their race and nationality in line with international labour standards. The Sultanate exerts tremendous efforts to enhance labour rights through the state’s Basic Statute, labour law and ministerial resolutions, and by joining and ratifying several relevant conventions and protocols in this regard. Among the most important conventions ratified by the Sultanate are Convention (105) regarding the abolition of forced labour, Convention (29) of International Labor Organization regarding forced labour and the International Convention on Elimination of All Forms of Discrimination.
The Sultanate had signed a memorandum of understanding (MoU) with the International Labor Organization in 2011, which was renewed in 2014 and 2017 respectively to enhance social protection as per international labour standards. The Sultanate acts to ensure protection of domestic labour rights as it has issued employment terms and conditions for domestic workers by virtue of ministerial resolution No 189/2004 which includes set of legal arrangements and procedures to ensure decent work for domestic workers governed by an employment contract between the employer and the domestic worker, which requires payment of monthly wage to the worker within seven days from the end of every month, and provision of food, adequate housing, healthcare and safety standards free of charge to the worker throughout the period of the contract.
The legislations exempt domestic workers from paying any judicial fee against all labour lawsuits submitted by them in addition to disputes which can’t be resolved amicably at the level of the ministry where disputed parties can present their cases to the labour courts concerned.Circular No 2/2006 prohibits the employer from retaining any personal documents of the domestic worker, such as his/her passport, except with the consent of the worker. In support of the legal and procedural steps taken in this field, Oman Human Rights Commission issued a ‘Manual for Workers’ explaining their entire rights and how to claim them. This guide is printed in multiple languages and made available for all workers residing in the Sultanate.
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