Times of Oman

No law mandates that expatriate­s need to pay visa fees

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I am writing on behalf of the workers of a cleaning company. The company has 450 workers, mostly Bangladesh­is. They are not happy with the company as they are getting salaries once in two months. They are also not getting proper food, housing and other facilities. They want to go back to their country, but the company insists they need to deposit OMR240, which they say was the cost of visa charges. The management says that since they have not completed two years in the company they have to pay the visa charges. Does the labour law in Oman require expatriate­s to bear the cost of visa charges if they leave before two years? There is no law in Oman that mandates that the employees shall pay any specific amount to the employer as visa or labour card charges if he/she does not complete two years service with the employer. Such demands by employers do not have the sanction of law and are, therefore, illegal. However, if the contractin­g parties have agreed on a certain sum as training and familiaris­ation fee borne by the employer to be reimbursed by the employee in case of non-completion of cer- tain period, such amounts shall be paid by the employee as per his/her contractua­l obligation­s. It is the prerogativ­e of any of the contractin­g parties to terminate the contract (whether employment or any other contract) and any contract which does not provide for an exit route is defective in law. Expatriate­s are happy to hear that there is some relaxation in the labour law for three months, that is until the end of July. Can an employee, who has not completed two years in a job, exit the country and come back to Oman before July, without NOC or release? There are no relaxation in the rules and the government has only declared amnesty for illegal immigrants (those who are without any valid documents and those who have overstayed in the country) for three months to leave the country without paying any fines. No legal action would be taken against the illegal immigrants during this period. Those who are living in Oman without valid documents (for any reasons whatsoever) may leave the country through this scheme. Disclaimer: Opinions expressed in this column are for general guidance purposes only. They are based on facts presented to us and are not substitute for expert legal advice. Readers are advised to seek legal assistance for specific legal issues. Times of Oman and Khalifa Al Hinai Advocates & Legal Consultanc­y do not assume any responsibi­lity towards anyone on this matter.

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