Hello,
I came across this website as I was searching for something related to the laws binding employment contracts in Oman.
I am working with a private company involved in oil and gas sector in Oman. My initial contract which was for a period of two years with my current employer was signed on 2014. After the expiry of that contract period in 2016, the company renewed my visa for two more years and that visa will be ending by the end of February 2018. But a few days back I just let our company know that I would not be willing to renew my Visa further upon the expiry of the current one. The reply I received was that I should submit my resignation and serve a notice of 3 months to the company as mentioned in my employment contract. My questions are as below:
My Visa is expiring and I am just letting them know not to renew it further.so am I right in saying that I have completed my contract? In that case should I be serving them three months notice period as they demand? my contract says "employee shall terminate the contract by providing three months notice to the employer" but here I am rather completing my visa and not terminating it in between. I am not sure about the connection between the contract I initially signed with the company and the second time the visa was renewed without a new contract... Kindly help me out with the answers if possible. Thank You
Visa Expiry and Contract
Hi Sid Siddhu,
A maximum of the 3-month notice period is as per the labour laws. It could be a minimum of 1-month sometimes, or up to 3-months. This is for any expatriate employee who either resigns midway through a contract or even at the end of the contract period. This is primarily to give the employer a reasonable amount of time to find a suitable replacement and to plan for a smooth handover.
Secondly, with every contract renewal, it is required that a fresh Terms of Employment or an updated Employment Contract is signed between the employer and the employee.
Hello Sumitran,
Thank so for replying to my question.. But my doubt mainly is if I should be giving a resignation with 3 months notice prior to my agreed period of work with the company coming to an end. I am not resigning mid way but completing the full time frame as agreed ( I.e 2 years. Is it a legal requirement to submit resignation during end of contract? I have let them know by mail that I am unwilling to renew my visa already.
I believe employment contract is something where in two parties agree over something within a set time frame and once that time is up we are no longer binding to it. Isn't it the company that has to be asking me if I would like to renew for a further term? Instead they demand for my resignation in advance before contract end when I informed them earlier to avoid any hassles.
Please check the language in your contract . Most of the contracts are auto-renewal ( the law has such a provision).
If it is not so, and if you have already mailed them not to renew, in my view, that would suffice .
Just for your benefit, let me reproduce the relevant clause of the labour law:
Article (37):
If the contract is for and unlimited duration, any one of the parties may terminate it after giving
a written notice to the other party thirty days before the termination date in case of workers
who were employed on a monthly basis, and fifteen days for the other workers, unless a longer
period is agreed to in the contract.
If the contract is terminated without observation of such notice period, the party who
terminates the contract will be obliged to pay to the other party compensation equal to the
Gross Wage for the notice period or the remaining part thereof.
However article 23 (5) of the same law also states the following:
The reasonable period of notice which shall be given by anyone of the parties who
intends to revoke the contract, provided that the period of notice which and employer
gives to a worker shall not be less than the period prescribed by this law.
Thats how some contracts do have a notice period > 30 days, which is perfectly legal.
hope this helps.
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