By: Abdullah Al Nabhani (Bait Al Qanoon)
Introduction
Labor Law No. 53/2023 introduces clear guidelines on wrongful dismissal cases, addressing a previous lack of specificity regarding improper termination under the old law. Significantly, the new legislation enhances worker protection by delineating unjust termination scenarios in detail. This article will provide an overview of the key aspects of this establishing legislation.
Non-Discrimination
Employers are prohibited from terminating employees based on discriminatory factors such as sex, origin, color, language, religion, creed, social status, disability, pregnancy, childbirth, or lactation for working women. This provision ensures that the workplace remains inclusive and free from bias.
Trade Union Affiliation
The law safeguards employees who are affiliated with trade unions or engage in legitimate union activities. Wrongful dismissal is recognized if an employee faces retaliation due to their participation in or representation of trade union work in accordance with applicable laws and regulations.
Protection Against Retaliation
Filing a complaint, communication, or lawsuit against the employer is a protected right for employees. The new law deems dismissals resulting from such actions as wrongful unless the complaint, communication, or lawsuit is found to be malicious.
Disciplinary Procedures
Employers must follow disciplinary procedures outlined in the law. Dismissing an employee without considering regulations and sanctions is wrongful.
Detention or Imprisonment
Employees detained or imprisoned by competent authorities enjoy protection under the new law. Wrongful dismissal is recognized if the worker was absent from work due to detention or imprisonment, and the competent court has neither been referred to nor declared the worker's innocence.
Burden of Proof
In cases of wrongful dismissal, the employee must provide evidence to support their claim. This highlights the significance of maintaining a detailed record of any incidents that led to the termination, as it can serve as crucial evidence to support their case. Therefore, employees must maintain proper documentation when they feel their dismissal is unfair.
Conclusion
Law No. 53/2023 in Oman has clearly defined wrongful dismissal cases, focusing on preventing discrimination, providing protection to trade unions, and safeguarding employees against retaliation. The revised labor regulations also outline disciplinary procedures and considerations for detained employees. Employers must align their policies with these regulations, and employees seeking legal advice must be aware of these changes. Understanding and complying with the new laws is crucial in this rapidly progressing platform.
Bait Al Qanoon provides expert legal assistance in wrongful dismissal cases, offering consultations, policy reviews to ensure compliance with the new labor law, and dispute resolution support.