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Comments adopted by the CEACR: Oman

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant workers to conditions of forced labour. Migrant workers and migrant domestic workers. In its previous comments, the Committee noted that migrant workers are covered by Labour Law No. 35 of 2003 (Chapter 2: Regulation of foreigners’ work) and that they can terminate their employment contract after a notification period of 30 days. The Committee also noted that migrant domestic workers are not covered by the Labour Law and that their work is regulated by Ministerial Order No. 1 of 2011, on the recruitment of non-Omani workers by private employment agencies, as well as the model contract for recruiting migrant domestic workers. It further noted that under Ministerial Decree No. 189/2004 on the Special Terms and Conditions of Domestic Workers, migrant domestic workers cannot work for another employer before completing the procedure of changing to another employer according to the national regulations (section 7). The Committee requested the Government to indicate the manner in which this category of workers can freely terminate their employment contract and to report on the number of employment transfers that took place in practice for migrant workers and migrant domestic workers.
The Committee notes the Government’s indication in its report that the period of time required to transfer a worker from one employer to another varies from a minimum of one day to a maximum of one month, depending on the readiness of the parties. The Government also states that there is no sponsorship (kafala) system in Oman and that the system in place is a temporary contractual relationship pursuant to an employment contract specifying the terms and signed by the worker and the employer. According to the Government, the reduction in the number of cases involving the transfer of workers is a positive reflection of labour force stability in employment, which provides evidence of a decent working environment in Oman as a result of the efforts made by the Ministry of Manpower, in cooperation with the ILO, to implement the Decent Work Country Programme since 2010.
Regarding migrant domestic workers, the Committee notes the Government’s indication that the procedures for terminating domestic workers’ contracts and the period required to transfer their services from one employer to another are the same procedures as those that apply to all workers.
The Committee notes that pursuant to section 8 of Ministerial Decree No.189/2004, on the Special Terms and Conditions of Domestic Workers, the employment contract can be terminated by either the employer or the worker provided that one month’s notice is given. The worker is entitled to terminate the employment contract without providing a prior notice in case of abuse by the employer or a member of the employer’s family. The Committee notes however that pursuant to section 7(4), the migrant domestic worker cannot work for another employer before the recruiter relinquishes his sponsorship and completes the necessary procedures in this regard.
The Committee further notes that sections 17 and 20 of Foreign Residence Act No. 16/95 of 1995 provide that residence visas are granted to foreign workers by their sponsors, and the conditions and procedures of transfer of foreign workers to another sponsor are determined by the decision of the Inspector-General of the Ministry of the Interior. In this regard, the Committee notes the Government’s information in its supplementary report according to which the implementing regulation of the Foreign Residence Act was amended in 2020. Section 24 of the regulation, which provided that a foreign worker’s residence may be transferred to another employer only with the approval of the first sponsor-employer, has been amended. It is now provided that a foreign worker’s residence may be transferred from one employer to another who has a licence to recruit workers, provided that proof of the end, abrogation or termination of the worker’s employment contract is presented, and that proof of approval by the competent government agency of the second employer’s contract with the foreign worker is provided. The Government further indicates that 58,744 workers were transferred to a new employer in 2018, and 60,958 in 2019.
The Committee observes that while there are provisions allowing migrant workers, including domestic workers to terminate their employment contract, the conditions for changing employment remain difficult as the work permit of this category of workers is linked to their sponsor-employer pursuant to sections 17 and 20 of the Foreign Residence Act No.16/95 of 1995.The Committee notes that in its concluding observations of 2017, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended that the Government of Oman review the kafala system, which operates against vulnerable migrant workers. The Committee further notes that this Committee observed that, while the Government had adopted a number of measures to protect the rights of female migrant domestic workers, the kafala system still increases their risk of exploitation. CEDAW was also concerned about: the exclusion from the Labour Law of this category of workers and, therefore, from access to the labour courts, their risk of facing charges of “absconding”, as well as the fact that forced labour is not criminalized under the Penal Code and is prohibited only under the Labour Law, which does not apply to domestic workers (CEDAW/C/OMN/CO/2-3, paras 30(h) and 39).
The Committee recalls that the sponsorship system creates a relationship in which migrant workers, including domestic workers, are dependent on their sponsors-employers, and that the work permit of this category of workers is linked to their sponsors. The Committee observes that such a system prevents migrant workers from freely terminating their employment and increases their risk of vulnerability to situations amounting to forced labour. In this regard, the Committee requests the Government to pursue its efforts to ensure that migrant workers, including migrant domestic workers are not exposed to practices that amount to forced labour. The Committee also requests the Government to continue to provide information on the manner in which migrant workers, including migrant domestic workers, can exercise, in practice, their right to freely terminate their employment and to leave the country, so that they do not fall into abusive practices that may arise from the sponsorship system. Lastly, the Committee requests the Government to continue providing information on the number of migrant workers who have changed employer and whose work permits have been transferred to a new employer, including, if available, statistics disaggregated by gender, occupation and country of origin.
The Committee is raising other matters in a request addressed directly to the Government.

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee requested the Government to provide information on the application in practice of the Human Trafficking Act of 2008, including the number of investigations and prosecutions, as well as the penalties applied to those convicted.
The Committee notes the Government’s indication that the Ministry of Manpower has prepared a plan to develop labour inspection which includes training and skills upgrading for a number of inspectors by the ILO with emphasis on labour protection issues and trafficking in persons. The Committee further notes that in its supplementary report, the Government indicates that a Ministerial Decision of 11 August 2020 was promulgated to establish a unit to combat trafficking in persons within the Inspection Department of the Public Directorate for Workers’ Welfare. The unit is competent in the following areas: (i) providing support in the investigation of cases of trafficking in persons; (ii) receiving complaints on trafficking in persons; (iii) identifying training needs related to trafficking in persons, including for labour inspectors on trafficking indicators; (iv) preparing studies and statistics on trafficking in persons; and (v) providing support to relevant bodies working on this issue.
With regard to slavery and slave trading offences, the Government indicates that no acts contravening articles 260–261 of the Criminal Code have been observed in Oman. The Human Trafficking Act No. 126 of 2008 guarantees that such acts will be prosecuted, should they occur.
The Committee notes that the National Action Plan to combat trafficking in persons (2008–2016) has been renewed for a period of five years by the National Committee for Combating Human Trafficking. In addition, the Committee notes the Government’s information that the National Committee for Combating Human Trafficking launched the “Ihsan campaign” to raise awareness of the Anti-Trafficking Act. The campaign was disseminated through all traditional and electronic media platforms. The Government further indicates that between 2017 and the first half of 2020, ten convictions were handed down for cases of trafficking in persons, nine acquittals and five stays of proceedings were pronounced due to insufficient evidence; four cases are still under investigation. The Committee notes that in its concluding observations of 2017, the Committee on the Elimination of Discrimination against Women (CEDAW) while noting the efforts made by the Government to combat trafficking in persons, expressed its concern about the limited enforcement of the Anti-Trafficking Act of 2008, which is reflected by the low prosecution and conviction rates in cases of trafficking of women and girls (CEDAW/C/OMN/CO/2-3, paragraph 29(a)). Taking due note of the measures taken by the Government, the Committee requests it to provide information on the activities that have been carried out by the unit to combat trafficking in persons. The Committee also requests the Government to provide information on the measures taken to prevent and combat trafficking in persons under the renewed National Action Plan to combat trafficking in persons. Lastly, it requests the Government to continue to provide information on cases of trafficking in persons which have been identified, any judicial proceedings instituted and any convictions handed down.
2. Protection of and assistance to victims of trafficking. In its previous comments, the Committee requested the Government to provide information on the number of victims of trafficking who benefited from protection and assistance (including medical, psychological and legal assistance).
The Committee notes the Government’s indication that the Wifaq shelter provides to victims of trafficking psychological and social assistance and health care, as well as pocket money to beneficiaries to cover some personal costs during their stay in the shelter. The Government also adds that the Ministry of Foreign Affairs is in charge of informing embassies of the States concerned about beneficiaries of the shelter’s services. Moreover, a memorandum of cooperation has been concluded between the Omani Lawyers Association and the National Committee for Combating Human Trafficking, to represent victims, make civil claims on their behalf and defend their rights free of charge. In 2018, 14 victims of trafficking in persons benefited from the Wifaq shelter’s services. The Committee further notes the Government’s information in its supplementary report that, in 2019, 15 victims of trafficking benefited from the Wifaq shelter’s services. The Committee requests the Government to continue to provide information on the measures taken to provide protection and assistance (including medical, psychological and legal assistance) to victims of trafficking, as well as to provide information on the number of persons benefiting from such assistance.

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
Article 4(1). Determination of hazardous types of work.  Following its previous comments, the Committee notes the Government’s reference in its report to Ministerial Order No. 217/2016 on the list of tasks and occupations in which the employment of young persons is allowed. The Government also indicates that young persons between 15 and 18 years of age are not allowed to work outside the list of tasks or occupations provided for in the above-mentioned Ministerial Order. The Committee observes that Ministerial Order No. 217/2016 specifies various types of work that young persons are allowed to perform. The Committee further notes that section 5 of the Ministerial Order provides that young persons are prohibited from engaging in activities other than those than that are listed in the Ministerial Order. Young persons are defined in section 1(21) of the Labour Law as “Every natural person who has reached the age of fifteen but has not reached the age of eighteen”. Moreover, the Committee notes that pursuant to section 75 of the Labour Law, it is prohibited to employ both male and female juveniles, who are not permitted to enter places of work before attaining the age of 15 years. 
The Committee further notes the Government’s information in its supplementary report that the violations of the provisions of the Ministerial Order shall be punishable pursuant to section 118 of the Labour Code of 2003. According to this provision, any person who violates the provisions concerning the employment of children shall be punished with a fine not exceeding 500 Rials (approximately US$1,298) and if such offences are repeated within one year, in addition to a fine, shall be sentenced to imprisonment not exceeding one month. The Committee requests the Government to provide information on the application in practice of section 118 of the Labour Code indicating the number of cases and specific penalties that were applied for the violations committed under the Ministerial Order No.217/2016.
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