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resignation

Last activity 14 August 2016 by deemonisha

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deemonisha

Hi,

i am working for a company from past one year on a high profile visa, always there is a issue in salary where i have mentioned many times over here, previously there is used to be delay in the salary like i used to receive by 10th or 15th or 20th of the month. but from january till now i have received only 3 months salary in between .

my boss has kept on promising that everytime, he went through the loss and would be alright by next month ,assuring every month the same.

some of my collegues have left the job and sitting at home complaining to labour office in ruwi. when they have approched my boss regarding he is telling , i have not told i will not pay , i will pay and the situation is not good and you cant do anything with the complaints as my sponcer is strong enough to deal. and should mention my employer is also an expat.

i had strictly spoken to him that i want to know the exact fact that he will pay or not else i will be resigning last month and he gave me 4 dates in a week to pay all the salary and only paid 1 month and after that on the next date when he failed and i asked he got angry about and started blaming me i would leave after taking salary. and after that when me being upset said that yes this time if its failed i will be forced to take the decision.from that moment he is not coming to office, he makes people to do all his work through phone. when i calll he disconnects and when there is work he calls and tells he would come tomorrow.

i am handling an important project where other company people are partners and im not feeling to leave the work like this in middle but my employer is taking advantage of my decisions.

i am waiting from past 15 days to discuss with him about my resignation but he never came or fulfilled his promise of paying me. i am thinking to call him or write for him about my resignation.

please suggest me the precautionary measures and also how to go ahead. As i dont want to simply sit home and wait for the further process for months.

Thanks in advance

deemonisha

Sumitran

Hi deemonisha,

I am told that the Ministry of Manpower (MoM) give a very fair and unbiased hearing to the complaints of all expat employees, who seek their assistance, whether the sponsor is well-connected, or not.

If nothing better happens in your case, you can take up your salary default issue directly with the MoM.

But before you decide to take this final step, make sure you have all your supporting documents handy. Without documented evidence no one will be able to help you.

Alternately, you can also approach the Indian Embassy in Muscat and lodge a formal complaint against your employer. They too would offer assistance.

Usually, any labour / employment dispute to be resolved would take time. So be patient and hope for the best !

deemonisha

Thank you Mr.Sumitran, with respect to the documents, he never gives any salary slips. my salary transaction are only through bank, and therefore i can take bank statement. Hope this will help me .

And other than this the mail which i will be writing to him regarding the delays and so i am resigning would only be the document i will have.

my collegues have written a mail and a message to him and they have taken the same as the proof. but still nothing is happening .

yes as you said i can lodge a complaint ones after me resigning and having the above said documents.

Please let me know if i can proceed with the above said documents.

Thanks,

Sumitran

Hi deemonisha,

Bank statements are fine as proof of salary payment. In fact, any other way of payment is not allowed.

What about your employment contract ? That document wold say how much your salary is and the payment terms.

Lastly, do not be in a hurry to resign. It is better to file a case against your employer while you are still in employment.

deemonisha

Thank you again, i dont have any employment contract as he had given me 3 months contract when i was in family visa, and after that he confirmed my position promising that he would give me the employment contract and he said like first will process the visa as it was important like from family to employment (infact it was difficult in oman for ladies)

As being same nationality i believed and after my visa he kept on delaying for my contract letter and till now i dont have.

But in between , i had taken a letter to the bank to apply for credit card mentioning my salary and i dint get credit card as because of the irregular transactions

i have that letter with me for the salary details.

About my resignation , okay i would keep on the hold

Thanks,

Sumitran

Hi deemonisha,

... and this is where it gets sticky for you.

Without an official employment contract, you just cannot stake any claims.

Technically you are not employed since there is nothing official about your employment status.

Please do not go to the MoM as you will find yourself in an even more sticky situation when the ministry officials find out that you have been working illegally.

deemonisha

oh thank you for alerting me Mr.Sumitran. Is my employment visa not valid ??

Now i could understand like how he is traping everyone taking an advantage that he gets visa clearence  easily due to the support he has here and not paying and taking the work .

Having a valid visa and a labour card is a document for my employment with him was my assumption till now.

feeling so stressfull to be traped being educated that too with the same nationality people.

thanks

Sumitran

Hi deemonisha,

It is never too late to know about the basic rules of expatriate employment in Oman.

(1) You must have a valid 2-year employment visa, stamped in your passport,

(2) Your resident card / labour card must carry the name of your sponsor, and you must necessarily be working for that sponsor only and no body else,

(3) You must have a formal employment contract / appointment order which clearly states all the terms and conditions of your employment, signed by your company's authorised signatory and yourself as acceptance of the terms and conditions. If any one party has not signed this document then it cannot be considered as valid.

deemonisha

thank you Mr.Sumitran for the valuable suggesstion and time. No 3 whatever is mentioned is not with me so i am in a sticky situation.

Thanks a lot.

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