Hi Everyone,
I am currently working in Muscat for a Company and have resigned after completing one year though I'm on a two year contract. I am serving three months notice as per rules.
My question is can I ask my employer as per Omani law that I be paid my gratuity for one year also for the days I have worked on my public holidays and Friday Saturdays on my settlement? As far as I know they will only pay me my salary and gratuity not for the public holidays where I have worked. Can I file a complaint with the Labour court if they don't comply with the rules? Also, how much time will they take to clear it?
I have seen a case where one employee was terminated and on his final settlement he did not see the pay for his offs and had filed a case against the company and received the total amount.
Please advice.
Gratuity/Labour law
Why none is intrested replying to the above post? I guess I have to delete it.
Hi DaManiac,
Your end-of-service settlement would be exactly as per what has been agreed by your employer and you, and recorded in your employment contract.
Once the employment contract is signed by both the parties, then nothing can be added or deleted by one of the two signing parties.
So, if your employment contract specifies that you would be paid for working on public holidays and on the weekends, then you will get paid. Else, no.
Check with a relevant lawyer if you have a case first, even before approaching the MoM.
DaManiac wrote:Why none is intrested replying to the above post? I guess I have to delete it.
Hi DaManiac,
To clarify, this is an entirely voluntary, user-supported and populated forum. If none of the users / members wishes to respond to any queries (for whatever reason), the post would remain unanswered.
Thanks a lot for the answer.
Sir, what if the employer of the company had changes? any effect of gratuity calculation? I am asking this questing because 1 of my friend went for final exit and been working in her company for 5 years, between those years the company been sold to her 2nd time employer, then when the time she decided to go home for good, the employer calculated only 3 yrs instead of 5 yrs, there reason is they takeover the company for 3 yrs only so the 2 yrs will not be counted since they were not the present employer that time.
Please share your knowledge in this matter.
Thank you
between those years the company been sold to her 2nd time employer
Your question is absolutely vague and not understandable. How on the earth do you expect a person to have gratuity when the company is being sold to her?
Hi..
You are lawfully entitled to recieve gratuity and over time pay for your works during national holidays and weekends.
Your employer is bound to provide you the above payment and most importantly, it does not necessarily has to go to the court, can be settled within short time by the intervention of the Directorate of Labour Board under the Ministry of Manpower, Oman.
Most importantly, the rights given under the labour law of Oman specifically can not be limited or sticken off even if an employee signs a contract containing such limitation. Still s/he is entitled to such rights under the OLL.
This is what i found via Google - https://www.juaninoman.com/gratuity-as- … labor-law/
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