MUSCAT: In its awareness series, the federation highlighted a case involving workers who received notices from their employer stating that their performance did not meet the required level of competence and warning that they could face termination if their performance did not improve.
The federation noted that the notices did not clearly identify the areas of incompetence or specify the level of performance workers were required to achieve. The company also gave the workers a period of no more than three months to improve.
According to the federation, Oman’s Labour Law sets specific conditions for termination on the grounds of insufficient competence. Merely stating that a worker lacks the required competence is not sufficient; the worker must be informed of the specific shortcomings and given a reasonable period of at least six months to reach the required level.
The employer must also notify the Ministry of Labour of the reason for termination three months before the contract termination date, the federation said.
The federation advised workers facing such notices to obtain copies of the documents and ensure that any alleged shortcomings are clearly identified. Workers should also use the improvement period to address deficiencies and document their efforts.
It further urged employees to retain performance evaluations, workplace comments and related correspondence.
If a worker is terminated on grounds of alleged incompetence and believes the decision was made in violation of the law or without following the required procedures, the federation said a complaint should be submitted to the competent authority within 30 days of being notified of the termination decision.
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