Oman introduces conditional transfer rules for expat workers in private sector
Decision aims to support Omanisation, while offering flexibility to employers, employees
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Muscat: Oman has announced new regulations governing the conditional transfer of expatriate workers in private sector companies, according to Royal Decree 53/2023.
The decision aims to uphold labour laws and support Omanisation initiatives while offering flexibility to employers and employees under specific conditions.
The new rules allow transfers of expatriate workers, provided the following conditions are met.
KEY CONDITIONS FOR EXPATRIATE WORKER TRANSFERS
EXCLUDED PROFESSIONS: The worker’s profession must not fall under those already Omanized.
ALIGNMENT WITH CURRENT ROLE: The transfer must match the worker’s current job category and nature of work.
WORKER CONSENT: The worker must agree to the transfer.
MINIMUM EMPLOYMENT PERIOD: The worker must have been employed for at least six months at the transferring establishment.
VALID WORK PERMIT: The worker’s permit must have at least six months remaining before expiry.
COMPLIANCE BY BOTH ESTABLISHMENTS: Both the transferring and receiving establishments must have no outstanding financial obligations with the Ministry or any service suspensions.
ALIGNMENT WITH CURRENT ROLE: The transfer must match the worker’s current job category and nature of work.
WORKER CONSENT: The worker must agree to the transfer.
MINIMUM EMPLOYMENT PERIOD: The worker must have been employed for at least six months at the transferring establishment.
VALID WORK PERMIT: The worker’s permit must have at least six months remaining before expiry.
COMPLIANCE BY BOTH ESTABLISHMENTS: Both the transferring and receiving establishments must have no outstanding financial obligations with the Ministry or any service suspensions.
TRANSFER CAPS AND LIMITATIONS
The regulation imposes restrictions to ensure stability and fairness:
Transfers to or from any facility are capped at 50% of its workforce within a calendar year.
The transfer period for each worker is limited to six months.
Transfers to or from any facility are capped at 50% of its workforce within a calendar year.
The transfer period for each worker is limited to six months.
EMPLOYER OBLIGATIONS
EMPLOYERS RECEIVING TRANSFERRED WORKERS MUST:
Provide a wage equal to or higher than what the worker received in their previous role.
Maintain all benefits in compliance with Oman’s wage protection system.
This regulatory framework reflects Oman’s efforts to balance workforce mobility with its nationalisation goals, ensuring both employers and workers operate within a fair and structured system.
Provide a wage equal to or higher than what the worker received in their previous role.
Maintain all benefits in compliance with Oman’s wage protection system.
This regulatory framework reflects Oman’s efforts to balance workforce mobility with its nationalisation goals, ensuring both employers and workers operate within a fair and structured system.
Fahad Al Mukrashi is a freelance journalist based in Muscat.