Citizens, expats entitled to overtime
All employees, including national citizens and expats, must get paid for working overtime under the law, says Mohammed Ibrahim Law Firm chairman
MADIHA ASIF madiha@timesofoman.com
MUSCAT: Nationals and expats working in Oman’s private sector are entitled to receive overtime on their basic salaries under the Omani labour law.
In a series of articles about Oman’s rules and regulations, entitled “Know Oman”, experts guide readers on their rights and responsibilities while working and living in Oman.
Speaking exclusively to the Times of Oman, representatives of Mohammed Ibrahim Law Firm, a leading legal office in Oman, highlighted the working hours and overtime for private sector employees, that include both Omanis and expats in the country.
Working hours
“According to Article 68 of the Omani labour law regarding the working hours and overtime for employees, the worker shall not be asked to perform work for more than nine hours a day, with limit of 45 hours a week, and must receive a break to rest for a minimum half an hour,” said Dr. Mohammed Ibrahim Al Zadjali, Chairman of Mohammed Ibrahim Law Firm.
Definition
“However, if the employer required the employee to work for more than the working hours set out in Article 68, any hours exceeding the office hours as mentioned there are considered to be overtime,” he added.
All employees, including national citizens and expats, must get paid for working overtime under the law, added Al Zadjali.
“If the employee is required to work more than the working hours specified by Article 68, the employer shall pay the employee an overtime equal to the basic salary, according to the working hours, as well as 25 per cent extra payments for the overtime during the day and 50 per cent extra payment for overtime at night,” the spokesperson said.
He added that under no condition can the working hours exceed 12 hours a day, which includes actual office hours and overtime, and the employer must have an established agreement with employee(s) agreeing to the overtime hours and payment.
Written agreement
“Article 70 of the Omani Labour Law indicates that the employer must form a written agreement with the employee(s) on acceptance of his or her overtime work and payment.
“As long as it is clearly mentioned in the employment agreement, there need not be a separate consent agreement. If not, the consent of the employee(s) must be obtained for overtime work,” the spokesperson said.
According to another expert at the law firm, female employees are not allowed to work overtime from 09:00 pm to 06:00 am under Article 81. “This rule is subject to exceptions for certain jobs and on certain occasions for which separate decisions by the Ministry of Manpower (MoM) is issued,” the expert said.
He also added that employees not being paid for overtime can register a complaint online on the website of the MoM. Moreover, certain fields of work allow the employer to offer allowances to employees, instead of overtime, if approved by the MoM, said the expert. “Employers carrying out activities at ports and airports, or onboard ships and airplanes, have the right to negotiate with employees to accept an allowance, instead of overtime payments, but only if MoM agrees to it,” the expert said.
Mohammed Ibrahim Law Firm (info@mohammedibrahim.net) was established 11 years ago and is serving clients through its offices in Muscat and Sohar, as well as operating on a request basis in other areas, such as Duqm.
It offers legal representation across a wide range of practice areas that include labour law, corporate, commercial, contracts, banking and finance, international trade, foreign investment, insurance, maritime law, construction and engineering contracts, international arbitration, intellectual property and more.