the labor rules and laws that protect the employees and employers in the working environment
INTRODUCTION
A legal framework is a document that contains the rights and responsibilities applied to companies, governments, and citizens of a given locality. The materials include contracts, policies, guidelines, regulations, legislation, and codes of conduct. For a business or company to thrive, there is a need to have a reliable, robust legal framework built on accountability, simplicity, and fairness. In employment, the legal structures involved are Employment of juveniles; Employment of foreign workers; Employment of women; End of service gratuity; Responsibility of workers; Reasons for termination of workers contracts; Responsibility of employers and grounds for dismissal of workers. This essay covers three of the mentioned topics covered in legal frameworks in employment. The topics to be discussed are the Responsibility of workers; Responsibility of employees, and the reasons and grounds for termination of employee contracts. The essay covers the labor rules and laws that protect the employees and employers in the working environment. The article covers the reasons for choosing to discuss the three topics mentioned above. The essay discusses and analyses the three issues covering the positive and negative roles the issues play on the employers and employees. The discussions use images to explain the message that the topics express clearly. The essay also covers the personal reflections on the three issues that are discussed in the paper.
REASONS
In today’s business environment, it is essential to know the various legal framework in business to enable the smooth running of an organization. The reason for choosing to discuss the topics: Termination of employee’s contract; responsibility of workers and liability of employees are as follows. The burden of workers plays a significant role in the outcome of products and services in any organization. Covering the topic helps an individual understand the tasks and duties that an employee performs in an organization. Understanding the purposes of an employee by a worker enables the worker to follow the right work procedures to ensure high-quality productiveness. An employer’s responsibilities are an essential topic of discussion when discussing the legal framework of employment. An employer is the one that plays the role of employing workers, leading the workers on their performances in the organization hence playing a significant role in the success of a business. Many companies deal with the pressure of terminating the contracts of workers. Understanding the grounds to terminate an employee’s agreement is advisable as employers have to follow various laws to execute the termination. Employees also have to know the grounds for dismissal to stay in line with the rules. The reason for choosing the three topics is the recent demonstration of employees who have been dismissed from their workplaces without any prior notice. As a student of business, the three topics will help when choosing to pursue a career in industry.
GRAPHICAL ILLUSTRATIONS
Responsibilities of Employers.
An employer is an individual, organization, or company that has the responsibility of employing workers. An employer in Oman is required to hire workers from Oman to the greatest extent that is possible. Employers are also required to offer equal treatment in conditions where the nature of work provided id the same. The employer is supposed to have the employment contracts of the employees he has employed. The employer has the responsibility of terminating an employee’s contract following the laws set by the Oman government. The employer is entitled to pay the employee’s salary within seven days from the date when payment of wedges is due. The salary is to be deposited to the workers’ designated bank account within the stipulated time. An employer should give medical coverage to their employees ranging from monetary allowances or insurance cover. The travel costs and visa costs if an employee is to be financed by the employer. The cost to be covered should be from the employee’s country to Oman. Upon the cancellation of the employee’s contract, the employer is to pay for the repatriation charges to the home country of the worker.
The social security law in Oman states the employer bears the responsibility of registering his employees with the insurance fund the Public Authority of social insurance gives. The registration should be done one month after the worker started working in the company. The employer should contribute to the public authority on behalf of its workers by paying 10.5% of the basic gross salary. The employer is subjected to provide the workers with leave. The types of leave recognized by the Sultanate of Oman include Sick leave-may not go beyond ten weeks per year; emergency leave-; maternity leave-employee is entitled to six weeks leave after and before delivery; special leave. The employer should provide the worker with full payment and compensation during weekly rest days and holidays. The employer should give an employee with an annual leave after the continuous employee service of a period of six months at minimal. During the leave period, the employer has the duty of paying full salary to the employee. An employer with more than 15 workers is required to have a human resource policy that includes regulations for penalties. Employers with 50 plus workers are surpassed by having a grievance and complaint policy. The employer must also have a labor clearance form for the employment of a worker from overseas.
Responsibility of Employees.
An individual that is working under an employer or a company and is offered wages for services provided. The employee is supposed to be committed to working with the employer for the contracted period. The sultanate of Oman labor law states the responsibilities of an employee to a company or employer to be academically qualified and to have professional qualifications for the positions that they occupy in an organization. The employee is also required to contain a valid working permit from the relevant authorities in Oman. All workers in Oman are required to have an employment or working contract. The worker is required to protect the property of the employer. The contract should have both the names of employer and employee, employees’ birth details, place of origin, academic qualifications, and period of the agreement, salary, and the description of the job done. The employee is also required by the law to respect the customs, traditions, and rules set by the Oman government, including the religion of Islam. The employee is also supposed to refrain from any behavior that is regarded as detrimental to the security of Oman’s country. Employees are required to work for a maximum of nine hours a day, which results in a maximum of 48 hours per week. However, during Ramadan, which is a holly month, Muslim workers are required to work for a maximum of 6 hours a day, which amounts to thirty working hours per week. The law also provides that an employee is only supposed to work overtime under his consent under which they are to be compensated for doing so. The employee is also supposed to pay a monthly 7% out of his gross basic salary to the Public Authority of Social Insurance. In case of any violation of the employees’ rights, the employee has the legal responsibility of terminating the work contract. The employee is not supposed to work for another employer until the contract with the current employer expires. The employee should avoid taking part in any activity that may lead to human trafficking.
Reasons/Grounds for Dismissal of Employees.
While the Sultanate of Oman protects employees from any unfair conditions in their workplaces, it also addresses the instance where an employee can be dismissed from his duties forcefully or willingly. According to the Article 40 of the Sultanate of Oman Labor Law, the termination of an employee’s contract by the employer can occur without any notification or non-payment of an end-to-service benefit if the employee: presumes a false personal identity or takes part in forgery in Oman. If the employee commits a mistake leading to substantial financial loss to the company, termination may occur. Gives out private information of the company that’s to be kept a secret. Is focused on being under the use of drugs, intoxicated, or getting drunk during company working times. The employee does not report to work for ten days or seven consecutive days without any reasonable grounds, and does not follow the set workplace instructions despite being notified.
Where the employee is guilty according to the charges put against him by the employer, the contract can be terminated. In the case where the employee engages himself in a severe violation of the duties given under their agreement of employment, at the same time, Article 43 of the Sultanate of Oman Labor Law states that the employer can end any contract while paying end of work benefit during the passing away of the worker. On the completion of the employee’s work contract as earlier agreed on. Impediment of the employee to do their works. Personal resignation of the employee or abandoning of the job following the requirements of the law. The attainment of sixty years of age by the employee. The employee falls sick, making them unable to perform their employment duties for ten weeks in a full year. However, an employee can also abandon their work according to article 42 of the sultanate of Oman law; if A the time of being employed, the employer scammed them about the terms of employment. The employer fails to offer substantial duties to the employee, as stated by the law. The management does an immoral act to the employee or anyone related to the employee. The employer does not come up with any safety measures, as stated by authorities, despite the presence of grave danger in the workplace.
Personal Reflection
The essay has discussed the legal framework in employment in the sultanate of Oman, covering the responsibilities of both workers and employers and also including the grounds for termination of employees. For a conducive and peaceful environment in the workplace, it is required to have a legal framework that covers both the interests of workers and the employees. The legal framework should be clear enough to avoid misinterpretation as they provide the basis of work.
Advantages to the employer
By following the policies, employers cancan get the guidelines of how they should deal with workers in their workplace. The plans state that an employee should be academically qualified in the field of work; this enables employers to pick workers who are qualified and can produce better services. The policies create a conducive environment between employers and employees since all the employee’s demands are covered; hence it minimizes strikes, which would have slowed down the development of the economy. Providing a written workplace policy protects the employer from liability in case of a violation that would lead to legal action. The systems help in formalizing the operations of the business. The framework generated from the rules set helps the employer to avoid being concerned with emerging situations or work ethics. This is because employees can follow the rules and comply with the set of ethical requirements.
Advantages to employees
The employees have the freedom to choose where they want to work because the policies are against forced labor as one can only work under a mutually agreed contract. The procedures and laws set in the legal framework in employment in the Sultanate of Oman help the employee in many ways. The systems can prevent discrimination from fellow employees and the employer in the workplace. The laws ensure that the workers are fairly treated and that the workers can get equal access to opportunities. The policies can promote the safety and health standards of the working environment. The procedures help in stopping conflicts in the workplace and prevent the employees from having issues with the law. The policies that cover wage rates and the ones that protect workers’ rights can give employees the motivation to offer quality and better services. Employees can get paid in case of emergencies that may force them to be out of work, i.e., medical leave or maternity leave and even during holidays. The employees are provided with a mandatory legal cover in the form of insurance covers, which acts as a security.
Disadvantages to employers
During leave, i.e., maternity leave, the employer is required to pay the employee when they are not providing services. The payment acts as a loss as the employer would have used the money to hire and pay a new worker. In case the employer ignores any policy, the employee has the right to take him to court. Solving a lawsuit in court builds a bad reputation for both the employer and the company that is being sued. Where the policies are not adhered to, results in strikes and demonstrations by employees. Since most of the systems are written and governed by the law, it is hard for an employer to change the particulars at any given time, providing a rigid structure. Creating a conducive working environment that follows all the legal requirements for employment in Oman is costly.
Disadvantage to employees
Employees from a foreign land have to adapt to the new culture and environment to fit well in the workplace. The employers have to learn the culture and Muslim practices to abide by the set rules. Adapting to the literature may be hard for employees from countries that don’t practice the Muslim religion. An individual cannot get employment without the relevant documentation needed by the law; this provides refugees with a hard time searching for employment opportunities.