Columns


Will the 2-year ban work in the best interests of Oman?



It is interesting to read that the ROP has decided to reintroduce and enforce legislation to prevent expatriates from changing employer — otherwise known as 'company hopping' or 'job jumping'. The legislation will make it illegal from July 1, 2014 for an expat to work with one company and then resign to join another company without leaving Oman for two years.  

I am aware of private sector businesses who identify and recruit the expats, bring them from their home countries, arrange for labour clearances, settle them into Oman only for the expat to leave to take another job within a few months — this is obviously unfair and a costly exercise for the company and this legislation will come as good news for companies who regularly face this costly and difficult manpower problem.

However, it seems that it means that even if the expat loses their job through no fault of their own — for example nationalisation which is high on the government's agenda (rightly so), they will not be able to be employed with another company unless they leave Oman for two years. 

Is this fair to the expat who has worked diligently for a company for several years and finds their position nationalised?

Should that expat be made to leave Oman for two years before he is able to be given the opportunity to work for another company in Oman?

Surely someone who has been employed already for several years in the Sultanate should be given priority over someone who has never worked here before.
Oman expatriate labour ban:

Good news for employers but not for foreign workers

Important step to meet employment needs

No decision yet on getting "no objection certificate" from sponsors, say ministry officials

Two-year ban to end poaching of foreign workers

Screw tightens on Sultanate's foreign workforce

Oman's 2-year ban for expats returns
Should the fact that the expat has been working and living in Oman and therefore has been supporting the economy be ignored?  Personally I don't think so — employing expats who have already been working in the Sultanate and are settled enables them to be far more effective, more quickly than employing someone who has not worked here before and will take time settling into a different way of life.

Maybe it would be more prudent to ensure that any expat remains with each employer for a minimum period of time before moving on to a new employer — perhaps a minimum period of two years?

It is clear that the ROP and other relevant bodies need to prevent illegal immigration and to find and remove absconders from Oman back to their home countries, however, this restriction in movement from one employer directly to another may lead to an increase in the likelihood of people absconding from their employer to join another company and further to them working without labour clearances.

So whilst maybe solving the problem of 'company hopping' or 'job jumping', this legislation will lead to other more difficult problems for the ROP and government to handle and a loss of skilled and experienced expats from the country — something that businesses need to be concerned about until Omani nationals are skilled and gain the experience necessary to fully take the expats place — something that will come in time.

The real question in my mind is, if this legislation was in place before and then abandoned, why if it didn't work in the best interests of Oman in the past, will it do so now?

The author is the General Manager of Competence HR in Muscat, having worked in Oman for five years.  She has over 30 years international experience in human resources management and consultancy including specializing in employment law and training and development related matters. All the views and opinions expressed in the article are solely hers and not of Times of Oman.


Share 

 Rate this Article
Rates : 5, Average : 5


Post a Comment

Did you like this section? Leave a comment!
Your Name : Your Email Address :
Your Comment :
Enter Image Text:
 

Reader Comments




I agree on NOC only to a small extend. Issuing NOC clearly depends on the employer. I see this new law as an arm twisting phenomena from big Corporate’s. I don’t see a rational link between this 2 yr ban favouring Omanisation. From the human rights point of view, every person has a right to work towards his well being. If a company is concerned of labour turnover, then the company should find ways to improve the working atmosphere. Employees are the strength of every company. The model i would prescribe is that the Company grows with the employee. The UAE model is also acceptable. It should be a win-win decision.




Its not whether you worked 2 years, the full term of your visa period. If you are not coming back to the same employer, you need to be out of Oman for 24 months. If you can enter Oman before 1st of July take the risk of going to country where you can never think of changing your profession or employer.




this will only give the upper hand and advantage to the employer only they can play with employees now, It is not good sign for the anyone, simply it is creating a bad name on the country policy and moreover skilled worker will never think of coming to oman where you will never get a chance of getting a good career betterment, and even they can stop others,