Muscat: The Ministry of Labour has issued a decision requiring all employers with 25 or more workers to create a formal list of penalties and the conditions under which they may be imposed.
The list must follow a specific format provided by the Ministry.
According to the decision, any such list or its amendments must receive prior approval from either the Director General of Labour Welfare or the Director General of Manpower in each governorate.
Once approved, employers are required to post the list in a visible location within the workplace, and it must be available in both Arabic and English.
The Ministry’s regulations outline several general rules for employers to follow:
According to the Ministry, employers may propose new violations and corresponding penalties based on the requirements of the business, which must be approved by the Ministry.
The employer or their authorised legal representative is responsible for enforcing penalties in line with the approved form.
The ministry sets types of penalties, which include the following:
Written warning: A formal letter notifying the worker of his violation.
Wage deduction: A portion of the worker’s wages may be deducted, but the amount must not exceed the equivalent of five days’ wages for a single violation.
Suspension: The worker may be suspended for a maximum of five days.
Dismissal with compensation: In cases specified by law, an employee may be terminated with an end-of-service bonus.
Dismissal without compensation: In serious cases outlined by law, an employee may be terminated without prior notice or compensation.
The decision also stipulates key conditions for imposing penalties:
No penalty can be applied without a prior written warning to give the employee a chance to justify.
Deductions must be clearly defined and proportional to the time worked.
A worker cannot face more than one penalty for the same violation unless it involves a wage deduction or dismissal.
Penalties should escalate in severity with repeated violations, and any penalty must be enforced within three days of notifying the worker.
Additionally, the decision emphasizes the right of employees to appeal penalties. Workers can file a grievance within seven days of a penalty being imposed, and no penalty can be enforced if six months have passed since the violation, except in cases involving repeat offenses.
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