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"How Omani legislation protects the rights of workers in wages.. by: Dr. Salem Al-Fulaiti

01 - 05 - 2024 9:43 71

Regarding the attachment or waiver of wages, Omani legislation does not allow the attachment or waiver of wages due to the worker unless to settle a debt incurred by the worker or amounts owed to the government or employer, not exceeding a quarter...

Furthermore, when these debts compete, priority is given to the debt of maintenance based on Article (59) of the Omani Labor Law, which states as follows: "Attachment or waiver of wages due to the worker is not allowed except to settle a debt of maintenance or to pay amounts owed to the government or employer, and when competing, priority is given to the debt of maintenance.

When the service of the worker ends, deductions are made from the government dues and any other dues owed to the employer if found from end-of-service benefits and other entitlements."

As for the legislative protection in the statute of limitations for wage claims, Article (7) of the Omani Labor Law stipulates that "the worker's right to claim any of the rights prescribed in this law expires after one year from the date of entitlement, and for issues arising before the enactment of this law, the one-year period is counted from the date of enactment of its provisions."

Considering that it is customary for workers to receive their wages immediately upon entitlement... Therefore, if they grant their debtor (the employer) an extension, they should not grant a period longer than one year, as their wages - mostly - constitute their means of livelihood. Thus, if a full year passes without them claiming their wages, it is assumed that they have received them, and consequently the basis of the annual limitation is the presumption of fulfillment. However, this presumption falls if it is proven that these workers have not received their wages, as if the employer acknowledges that he has not paid the worker's wage...

This was confirmed by the Omani Supreme Court in its decision No. (125) in the appeal No. (104) of the year 2005: "If the worker remains silent on claiming his rights within a year of entitlement, his right to claim the wage afterwards is waived."

However, while wages are considered recurring rights, if they are subject to limitation, as with other rights, they are distinguished by the fact that the accrual of their limitation imposed by Article (7) of the Omani Labor Law states that the worker (the creditor) cannot demand from the employer (the debtor) any amount that has been overdue for more than the legally specified limitation period, and the recourse is to what has not reached the limitation period since it was due."

Thus, we have completed the explanation of the legislative protection established by the Omani legislator for the worker's wage. For more information, readers can refer to the Omani Labor Law and related laws...

Dr. Salem Al-Fulaiti
Assistant Professor of Commercial and Maritime Law - Al-Zahra College for Girls
Lawyer and legal consultant
Member of the Arab Lawyers Union
Writer and researcher in governance, commercial laws, maritime laws, and international agreements"



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