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Resignation and employers causing delay

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5peer productions

I came to Oman on 11th feb 2021 from Pakistan on work permit visa with title power plant maintenance electrician but in my contract I was assigned as HSE officer, after working since them with them I developed by severe anxiety issues again which I had in past and I am suffering with restless legs syndrome which doesn't let me to sleep and then I feel dizzy at the day and I can sit for long, due to that reason I went to doctor and he gave me anti depressants and diagnosed me with the above mentioned disease and neuroglia neuritis unspecified. My Arabab told me that you are making drama and later they asked me I have two options either to go back as I have been doing all this because I am not happy here or to get treatment here, but I put an emergency resign because of the lack of trust after what told me ( making drama). And my anxiety has severe physical implications, further more in my contract the probation period has been mentioned 6 months but as per Oman labour law it shouldn't be more than three months. As per contract I have resigned within the probation period, do I have to involve my recruiting agency na k in Pakistan in all this matter now? If I want to go back what do I have to do if employer is making delay?

Sumitran

Hi 5peer productions,

Sometimes we have to go through such unwanted predicaments in life.

While you do it, just remember these things :

Every problem has a solution, and this too shall pass.

Okay, now let's see what is the best course of action for you to take.

You are discussing parts of your contract now. You should have discussed it with your employer before you signed on the dotted one. Once your signature is there, it simply means that you are in total agreeance to whatever is mentioned there. So that is something you cannot be debating now.

See if you and your employer can iron out your differences and shake hands and move on with your job - if both of you are interested in reconciliation.

Else, you can inform your employer clearly and categorically (citing your health reasons) that you would like to be relieved from your job. And since you are still within your probation period, you do not have to wait for a month (or more) of the notice period to be served.

Just be aware that if your employer wants to create trouble for you, he can, and if your employer is angry with you, then in all likelihood, he will. So in your own interest please contact your local embassy immediately and explain your situation and circumstances to them in detail. And let your embassy officials guide you on the best course of action.

Whatever you do, do not think you can take on your employer directly and win the battle. More often than not, you will find out that it is the expats who will be at the receiving end. So, make it official by roping in your embassy officials and reach an amicable solution to your sticky problem.

Certainly, there will be losses on both the sides. That is a given. So you must strive to minimise your loss. That should be your focus.

Stay strong and be bold. Good luck to you.

Yezinn

Hi 5peer productions,

You are right - under the Labour Law of Oman a worker can not be placed on probation more than 3 months if he is monthly salaried or more than 1 month, if otherwise. Moreover, you can resign from work on medical grounds. However, your employer may not pay you the dues upon the resignation.

If you have the travel documents with you, and you are medically unfit to continue work, you leave Oman with resignation. SO far as your payments are concerned, you can raise the matter with the Ministry of Manpower and/or pursue it further, if necessary, in the court.

Hope it helps.

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