Rights of migrant/Expat Workers

Trade Union Activities:

The Labour Law guarantees workers the right to form and join trade unions, engage in collective bargaining, and organise lawful strikes, while prohibiting any form of discrimination against trade unions. Article 108 of the Labour Law affirms the right of workers to establish trade unions aimed at safeguarding their interests, defending their rights, and representing them in public meetings. These trade unions are granted independent legal personality. Furthermore, Article 111 prohibits the dismissal of any worker who serves as a representative in a trade union due to their involvement in union activities.

However, the participation of non-Omani workers in trade unions remains a significant concern, as reported by sources from various unions. Many expatriate workers are reluctant to join unions due to fears of arbitrary dismissal. Complaints indicate that some dismissals were justified under pretexts such as poor job performance or financial difficulties faced by the company. Nevertheless, sources suggest that a number of these dismissals were, in fact, linked to workers joining unions, particularly those actively opposing unjust practices in the workplace.

The law also imposes certain restrictions, including the designation of a single general federation for trade unions, the “General Federation of Oman Workers,” to which all trade unions are required to affiliate. This federation represents trade unions in regional and international forums. Independent trade unions are not permitted under the law

The law stipulates that the formation of a trade union requires a minimum of 25 workers, regardless of the company’s size. It also mandates the approval of an absolute majority of the institution’s employees to initiate a strike, with the requirement to provide employers with at least three weeks’ prior notice before the proposed strike date. Furthermore, the law explicitly prohibits strikes in the oil and gas sectors.

Employers are legally prohibited from dismissing employees or taking punitive actions against them for engaging in union activities. However, penalties against employers who terminate workers for attempting to organise unions are rarely enforced. Proving that a dismissal was directly linked to union activity is often challenging, and the law does not require employers to reinstate workers dismissed due to their union involvement.

The Kafala System:

The Kafala (sponsorship) system represents one of the primary challenges faced by migrant workers in the Sultanate of Oman. This system ties a worker’s residency and continued employment to their sponsor (kafeel), restricting their freedom of movement and increasing their vulnerability to pressure or exploitation.

The rights situation for migrant workers in Oman continues to face numerous challenges, with non-Omani workers experiencing clear discrimination compared to national workers. This discrimination manifests in several areas:

• Wages: Significant disparities in salary levels between migrant and local workers.
• Job Security: Limited guarantees and stability for migrant workers in their employment.
• Legal Status: Complex legal challenges that migrant workers face when disputes arise with employers.

A significant factor contributing to these challenges is the Kafala system, which the Omani authorities pledged to abolish in 2020. However, the system remains in force to date.

According to the National Centre for Statistics and Information, expatriates constitute approximately 43.4% of Oman’s total population, numbering over 2.2 million individuals. Among them, migrant workers account for more than 1.8 million, representing over 68.2% of the labour force across various sectors and markets.

Notably, over 600,000 of these workers are employed in occupations classified as unskilled or non-specialised, such as domestic workers and agricultural labourers. These roles are often the subject of scrutiny due to the lack of adequate rights protections for workers in these fields, particularly when compared to migrant workers engaged in specialised or skilled professions.

The kafala (sponsorship) system is widely criticised for its adverse impact on the rights of migrant workers. Among its most prominent issues is the confiscation of official documents or personal identification by the sponsor (kafeel), granting them full control over the worker’s mobility and ensuring that the worker cannot leave the country or seek employment with another entity without prior permission. This practice is commonly observed in low-income jobs, such as cleaning, domestic work, and farming.

Additionally, the burden of securing employment often falls on the worker, who may end up in a role that does not align with the job for which they initially entered the country. Workers are frequently required to pay monthly fees to their sponsor while also bearing all personal expenses, including the costs associated with renewing their residency permits.

 Wage and Salary Discrimination

Wage policies in Oman exhibit clear discrimination between citizens and expatriates, particularly concerning minimum wages and overall salary levels. While some expatriates employed in skilled or senior administrative roles enjoy high salaries and benefits, those in lower-tier jobs face significant disparities when compared to their Omani counterparts. Citizens typically receive higher wages than expatriates in equivalent roles and benefit from the provisions of the Social Protection Law, which excludes migrant and non-national workers from its coverage.

The social protection system in Oman is designed to provide benefits exclusively to citizens, particularly in areas such as unemployment insurance and job loss compensation. This framework offers Omani nationals comprehensive coverage that is unavailable to expatriates, placing the latter in a precarious economic position if they lose their jobs. Without an equivalent social safety net, expatriate workers are exposed to severe economic and social consequences in times of unemployment.

It is noteworthy that Oman is a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination. However, this commitment has not effectively translated into the protection of non-national or migrant workers from wage discrimination and unfair working conditions.

11.4 Occupational Safety and Health (OSH):

The government establishes occupational safety and health (OSH) standards designed to meet the needs of key industries within the country. However, concerns persist regarding the effectiveness of these standards, particularly in relation to migrant workers employed in low-income, non-professional roles. A notable example of such shortcomings is the 2022 mining incident in the Ibri region, which tragically resulted in the deaths of 14 workers of various Asian nationalities.

The law provides employees with the right to leave hazardous working conditions without jeopardising their employment, provided that the employer is aware of the risks and has failed to implement corrective measures. Furthermore, employees covered under labour regulations are entitled to compensation for work-related injuries or illnesses through medical insurance that employers are obligated to provide.

Expat/Migrant workers in Oman face numerous challenges concerning occupational safety and health (OSH) standards, including:

1. Job Classification: Migrant jobs are often categorised as low-income and non-professional, resulting in their exclusion from the standards and regulations applied to more organised professions. Consequently, workers in these roles are denied essential protections.
2. Compliance with Standards: A significant lack of awareness and training regarding OSH standards is observed among both employers and workers. This deficiency contributes to widespread non-compliance, increasing the risk of workplace accidents and injuries in these roles.
3. Incident Reporting: Reporting workplace incidents remains a critical challenge, as accidents are often underreported or reported inaccurately and belatedly. This hinders proper investigations, delaying the implementation of preventive measures to avoid recurrence.

Despite the issuance of a health and safety guide for the mining sector by the Ministry of Energy and Minerals, significant challenges hinder the achievement of transparency and effective oversight. One of the primary obstacles is the lack of access for independent entities to monitor work sites. Additionally, there is a persistent neglect in providing appropriate safety equipment and adequate training for migrant workers. These issues raise serious questions about the extent to which official bodies are committed to enforcing the OSH standards, particularly given the uncertainty surrounding the enforcement of penalties against non-compliant employers.

Furthermore, high-risk workplaces, such as construction sites, are not subject to consistent monitoring. Inspections by regulatory authorities are often scheduled in advance, allowing employers to prepare for visits and conceal violations. Moreover, migrant workers, particularly those lacking proper skills or training, are frequently exploited to perform hazardous tasks, exposing them to significant safety risks.

According to the OCHRD’s sources, many incidents at construction sites go unreported or are deliberately overlooked. Injured workers are often offered a nominal financial compensation by their employer—rather than their sponsor—to settle the matter discreetly. Workers are frequently compelled to remain silent about such violations out of fear of losing their residency status in the country. It is worth noting that, to date, the Minister has not issued any decision regarding the promulgation of the Occupational Safety and Health Regulations, as stipulated in Article 106 of the Labour Law, which states:

“The Minister shall issue the Occupational Safety and Health Regulations by a decision, following consultation with the three production parties: the government, employers, and workers.”

This remains one of the primary reasons for the failure of many institutions and private companies to comply with occupational safety and health standards.

There remains an urgent need to strengthen the OSH standards to meet the needs of all workers, including migrant labourers. Government efforts should prioritise the enforcement of existing standards, the enhancement of monitoring and inspection mechanisms, and the promotion of awareness through comprehensive training programmes for both workers and employers. These measures aim to create a safe and equitable working environment that safeguards workers’ rights and reduces occupational hazards.