Muscat: Based on the Labour Labor Law issued by Royal Decree 53/2023, the Ministry of Labour has issued a decision that will allow cases related to labour violations to be settled without going to court.
The decision allows the violator of the Labour Law to request to settle the matter by avoiding the lawsuit procedures by paying a fine amounting to a quarter of the maximum fine prescribed for the crime.
After approval of the reconciliation request, the violator shall be obligated to pay the financial fine stipulated for reconciliation within a period not exceeding 15 days from the date of approval of the reconciliation. Otherwise, the reconciliation shall be deemed void.
The decision stipulates that the reconciliation request has to be submitted by the violator on a specific form and the request must be decided upon within a period not exceeding 15 days from the date of its submission.
The expiry of the aforementioned period without a response shall be considered a rejection of the request. An exception to the provisions of Article 1 of these rules to approve the settlement and not to proceed with the lawsuit procedures in crimes punishable by a double fine stipulated in Clause (1) of Article (143) of the Labor Law, the violator must pay a fine of RO1,000. Other conditions include that the non-Omani violating worker who has been reconciled must be deported and banned from entering the Sultanate of Oman If he works in a profession that has been reserved for Omanis unless the establishment appoints an Omani to replace him if he has left his job or is one of those who entered the Sultanate of Oman illegally.
In all cases, the employer or the company will bear the costs of deporting the offending worker. Reconciliation in crimes committed by detainees should take place within seven seven working days from the date of recording the violation, and the Ministry of Labour may extend the aforementioned period for a similar period and only once. Reconciliation does not result in the violator being released from his liability, and the violator is obligated to correct the violation and fulfill his legal obligations within a period not exceeding 30 days from the date of reconciliation
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