Ministerial Decision 102 of 2015 Regulating Part Time Work (the “Regulation”) governs the employment of part time workers in Oman and has repealed Ministerial Decision 520 of 2013 governing part time work (the “Old Regulation”). A “part time” worker by definition is a “worker whose regular working hours or days are less than the working hours and days” as stipulated by the Labour Law in accordance with Royal Decree 35 of 2003 (as amended). This article briefly sets out the provisions provided for under the Regulation and highlights the changes from the Old Regulation.
Main provisions of the Regulation
A part time Omani worker may be employed provided the following working conditions are satisfied:
- daily working hours should not exceed more than five hours;
- hourly wage should not be less than three Omani Rials; and
- shall be a job seeker.
A part time worker shall approve in writing whether they accept their salary weekly or bi-weekly.
In addition, the percentage of those workers in part time work must not exceed ten percent of the stipulated Omanisation percentage. This is to ensure that companies maintain their Omanisation percentages and do not merely employ Omani citizens as part time workers to satisfy their Omanisation quota.
Part time workers contracts
A worker employed part time should receive an employment contract from their employer which should contain the following provisions:
- number and time of working hours;
- working days; and
- wage per hour and payment method.
Changes from the Old Regulation
The Old Regulation specified that employment of part time workers shall be limited to private sector establishments in certain industries, whereas there is no limitation to industry or sector where a part time worker can be employed under the Regulation. The following is a list of industries in which the Old Regulation had permitted part time workers:
- foodstuff selling;
- fuel filling;
- hotels, restaurants, and cafes;
- sale of electronic and electrical devices;
- stores;
- auto agencies;
- agricultural works;
- exchange;
- child and elderly care;
- travel and tourism offices;
- tourism guidance;
- vehicle driving;
- educational services; and
- medical services.
Importantly, the Regulation provides that termination (by either part time worker or employer) may take place in writing with seven days’ notice. In contrast, the Old Regulation was three days’ notice. Another important change from the Old Regulation is that a part time worker is now insured against occupational injuries which had not been provided for under the Old Regulation. In addition, the weekly working hours have increased from four hours to five.
Conclusion
Although the Regulation only permits Omanis to work as part time workers, it is clear that the Regulation has improved the rights of the part time worker and increased the opportunities for Omanis to work part time. This is particularly evident by the fact that part time workers can now work in any field or industry, be it the private or public sector.
