Muscat: The Minister of Labour has issued decision 73/2024 regarding the regulation of the temporary transfer of expatriate workers between private sector establishments based on the Labor Law issued by Royal Decree 53/2023
Article 1 stated that the regulation of the movement of expatriate workers between private sector establishments on a temporary basis shall be implemented in certain conditions that include the worker shall not be transferred to a profession that has been Omanized, the worker shall be transferred to a profession in the same category as his profession, and in a manner consistent with the nature of his profession before the transfer, the worker’s consent to move to work at another facility, the worker must have worked in the facility from which he was transferred for no less than six months, the work permit status of the transferred worker must be (active), and there must not be less than six months remaining until its expiration, the two facilities must not have had their services suspended by the Ministry, the transfer period shall not exceed six months for each worker, in one year.
Other conditions include neither of the two establishments has any financial obligations to the Ministry and must be committed to the prescribed Omanisation rates, the percentage of workers transferred from the facility shall not exceed 50 percent of the number of workers registered, the percentage of workers transferred to the facility shall not exceed 50 percent of the number of workers registered with it and it shall be registered according to the form prepared for that purpose.
The establishment to which the worker is temporarily transferred shall not employ the worker after the end of the transfer period, bearing all the rights and obligations stipulated for the worker during the transition period, Provide the worker with a wage not less than the wage he receives from the establishment from which he was transferred, with the same benefits and conditions, through the wage protection system in force.
if the worker leaves the work of the establishment to which he is transferred, he is obligated to inform the establishment from which he was transferred of this immediately, and provide evidence of this, and the latter establishment must submit a notice of leaving the work under the Ministry’s procedures.
The worker's transfer period is calculated within his actual service period.
This decision shall be published in the Official Gazette and shall be effective from the day following the date of its publication.
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