Sunday, February 28, 2016

Legal Updates

MD 151/2015: Amending Ministerial Decision 26/2012 Regarding Controls of Permitting Doctors Working in Civil Governmental Health Institutions to Work in Private Health Institutions

Ministerial Decision (“MD”) 151/2015 issued on 18 November 2015 amends the framework for doctors who work in government health institutions whilst also working in private health institutions. Under the new regulations, only Omani doctors may choose to work in both institutions simultaneously.

The new amendment also contains several new rules as to the specific approvals and permits required by doctors who want to simultaneously work in both types of institutions. The regulation seeks to ensure that doctors who choose to simultaneously work in both type of institutions do not neglect their work in the government institution, nor influence patients to visit them in the private institutions.

MD 328/2015: Amending Some of the Provisions of the Organizational Regulations in Practicing the Recruitment of Non-Omani Manpower

MD 328/2015 issued on 26 November 2015 seeks to amend MD 1/2011, which contains certain regulations regarding the recruitment of non-Omani manpower. MD 1/2011 has already been amended by MD 420/2012 and both amendments contain regulations regarding licensed establishments who bring non-Omani employees to the Sultanate, including domestic workers in households.

The recent amendments relate to circumstances that force licensed establishments to cover the costs for situations in which the establishment has incorrect information regarding the profession of the employee in question or situations in which the employee flees within 180 days of reaching the country. MD 328/2015 also contains a new template employment agreement between an employer and his employee within households and this new template replaces template number 7 in the amended MD 1/2011.

MD 330/2015: Extending the Period of Termination of Permitting the Recruitment of Non-Omani Manpower Temporarily in Some Fields

MD 330/2015 issued on 26 November 2015 further extends the period of cessation of permitting the recruitment of non-Omani manpower temporarily in some fields, which was announced in MD 338/2014 and was extended once already by MD 108/2015. This new Ministerial Decision has added another six months to the halting of new visas for construction workers and cleaners in the private sector unless the visa is just a renewal.

Organisations that are exempt from this regulation include companies rated as excellent, first grade consultancies, firms working on government projects, and companies that are managed full-time by owners that are registered with the Public Authority for Development of Small and Medium Enterprises whilst simultaneously being insured with the Public Authority for Social Insurance.

MD 331/2015: Extending the Period of Termination of Permitting the Recruitment of Non-Omani Manpower Temporarily in Some Occupations

MD 331/2015 issued on 26 November 2015 further extends the period of cessation of permitting the recruitment of non-Omani manpower temporarily in some occupations which was announced in MD 608/2013 and was extended once already by MD 107/2015. This new Ministerial Decision has added another six months to the halting of new visas for salesman, sales clerks and marketing professionals in private sectors, unless the visa is a renewal only.

MD 332/2015: Extending the Period of Termination of Permitting the Recruitment of Non-Omani Manpower Temporarily in Some Professions

MD 332/2015 issued on 26 November 2015 further extends the period of cessation of permitting the recruitment of non-Omani manpower temporarily in some professions which was announced in MD 122/2014 and was extended once already by MD 110 of 2015. This new Ministerial Decision has added another six months to the halting of new visas for workers in carpentry workshops, aluminum workshops and blacksmith workshops as well as cement factories in the private sector unless the visa is a renewal only.

Organisations that are exempt from this regulation include companies rated as excellent, first grade consultancies, firms working on government projects, and companies that are managed full-time by owners that are registered with the Public Authority for Development of Small and Medium Enterprises whilst simultaneously being insured with the Public Authority for Social Insurance.

MD 315/2015: To Apply the Executive Regulation of the Unified Law of Anti-dumping and Countervailing and Preventive Measures in the Gulf Cooperation Council (GCC)

MD 315/2015 was issued by the Ministry of Commerce and Industry and brings into force the Executive Regulation of the Unified Law of Anti-dumping and Countervailing and Preventive Measures in the Gulf Cooperation Council (GCC) (“Executive Regulation”), promulgated by Royal Decree 20/2015.

The Executive Regulation prescribes the complaints and investigation procedures for suspected dumping and subsidy cases and the circumstances for imposing countervailing and preventive measures.