MUSCAT : The decision is based on the Labour Law issued by Royal Decree 53/2023, and Ministerial Resolution 561/2009 stipulating the rules for not proceeding with lawsuit procedures in violations punishable under the Labour Law.

As per Article 1 of the resolution, it is permissible, upon the request of the violator, to reconcile and not proceed with lawsuit procedures for crimes punishable in the aforementioned Labour Law, provided that the violator pays a fine amounting to a quarter of the maximum limit of the fine prescribed for the crime.
After approving the reconciliation request, the violator is obligated to pay the fine prescribed for reconciliation within a period not exceeding fifteen (15) days from the date of approval of reconciliation, otherwise the reconciliation will be considered cancelled.

Article 2 states that the request for reconciliation shall be submitted by the violator on the form prepared for this purpose. The request must be decided upon within a period not exceeding fifteen (15) days from the date of its submission. The lapse of the aforementioned period without a response shall be considered a rejection of the request.

Article 3 states that as an exception to the provisions of Article 1 of these rules, in order to agree to reconciliation and not proceed with lawsuit procedures for crimes punishable by a double fine stipulated in Clause 1 of Article 143 of the aforementioned Labour Law, the violator must pay a fine of RO 1000.

According to Article 4, the violating non-Omani worker who has been reconciled with must be deported and denied entry to the Sultanate of Oman in one of the following cases:

1 – If he works in a profession that has been Omanized, unless the establishment appoints an Omani to replace him.

2 – If he left work or entered the Sultanate of Oman illegally.

In all cases, the employer or the employing party – as the case may be – shall bear the costs of deporting the violating worker.

Article 5 notes that reconciliation in crimes committed by those in custody shall take place within (7) seven working days from the date of registering the violation, and the Ministry may extend the aforementioned period for a similar period and only once.

Article 6 states that reconciliation should not result in the violator being absolved of liability, and the violator is obligated to correct the violation and perform its legally prescribed obligations within a period not exceeding (30) thirty days from the date of reconciliation.

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