MUSCAT : The decision is based on the Labor Law issued by Royal Decree No. 53/2023 and is aimed at ensuring compliance with labour standards and maintaining a fair and equitable workplace.
Article 1 of the decision stipulates that employers with 25 or more workers are required to develop a comprehensive list of penalties and the conditions for their imposition, as per the guidelines mentioned in the new regulations.
Article 2 states that Ministerial Resolution No. 129/2005, along with any previous regulations that conflict with this new decision, will be annulled.
Key provisions of the new regulations include:
- Employers may add new violations and penalties as needed, subject to the Ministry’s approval.
- Employers or their legal representatives are responsible for enforcing the penalties outlined in the new regulations.
- Potential penalties include: written warning notifying the worker of the violation; deduction of wages not exceeding five days for a single violation; temporary suspension from work for up to five days; termination of employment with payment of an end-of-service gratuity for specified cases; and immediate termination without compensation for serious violations as specified by law.
The decision also specifies conditions for imposing penalties:
• No penalty may be enforced without written notification of the violation and an opportunity for the worker to present their defence.
• Deductions must be clearly defined and cannot exceed a specific wage amount for a specified period.
• Multiple penalties cannot be imposed for the same violation unless they include wage deductions or dismissal.
Additionally, the decision establishes a system for appealing penalties:
• Workers have the right to file a grievance within seven days of the penalty being imposed.
• No penalties may be enforced six months after the date of the first violation, except in cases of repeated violations.
The resolution will be published in the Official Gazette and will take effect immediately upon publication.
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