Oman workers must get six months to improve before performance dismissal

Dubai: Employees in Oman cannot be dismissed for poor performance without first being told clearly where they are falling short and being given at least six months to improve, according to guidance issued by the General Federation of Oman Workers.

The federation highlighted the protections under Oman’s Labour Law as part of its “From the Workplace” awareness series, after examining a case in which a group of employees had been warned that their performance did not meet the required level of competence.

According to the federation, the employer told the workers that their services could be terminated if their performance failed to improve.

But the notices did not clearly identify the areas in which the employees were considered deficient or specify the performance standard they were expected to reach.

The company had also given them no more than three months to improve.

The federation said that was not sufficient under the Labour Law.

An employer seeking to terminate an employee on the grounds of inadequate competence must first identify the specific shortcomings in the worker’s performance and give the employee a reasonable opportunity to address them.

That improvement period must be no shorter than six months, the federation said.

Simply stating that an employee has failed to reach the required level of competence is not enough.

The employer must also notify the Ministry of Labour of the reason for the proposed termination three months before the contract is ended, according to the federation.

The requirements are intended to ensure that dismissal for insufficient competence is not used as an immediate measure and that workers are given a documented opportunity to correct performance problems before losing their jobs.

What should an employee do after receiving a performance notice?

The federation advised workers who receive such warnings to ask for a copy of the notice and ensure that the alleged shortcomings are set out clearly.

Employees should also retain documents related to their performance, including evaluations, workplace comments and relevant correspondence.

During the six-month improvement period, workers should take steps to address the issues raised and keep records showing what they have done to improve, the federation said.

That documentation could become important if the dismissal is later challenged.

An employee who is eventually dismissed on the grounds of insufficient competence may challenge the decision if they believe the employer failed to comply with the legal procedures.

The federation said a complaint should be submitted to the competent authority within 30 days from the date the worker is notified of the termination decision.