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Sultanate of Oman - Ministry of National Economy - StratigicProjectsIndex



THE PRIVATIZATION LAW 

Sultanate of Oman - Ministry of National Economy - Privatization Law 5

 


Chapte
r Five: Settlement of the Position of Workers in Privatisation Projects
 

Article (19):

The bases and rules provided for in this chapter shall be applicable to Omani workers who are subject to the laws and regulations of government and who are affected by Privatisation or restructuring processes.

Article (20):

The competent authorities shall provide the particulars relating to the number of employees in the utility, which is to be Privatized, and a statement of their responsibilities, and experience, and the number of years of their service and the benefits granted to them.

Article (21):

The companies applying for Privatisation Projects shall, after perusing the particulars available relating to employees, specify in their offers the employees to be employed after the Privatisation, their number and the positions to be occupied by them.

Article (22):

The Project Company shall be obliged to transfer the employees referred to in Article (21) of this law to it and to conclude employment contracts with each of them in which the job description, functions and powers of the position and the advantages and rights shall be stated. The wages and other financial advantages in respect of transferring employees to the company shall not be less than what they have been receiving at the time of their transfer to the company.

Article (23):

The Project Company undertakes not to terminate the transferring employees for a period of five years from the date of their transfer, provided such employees are complying with the regulations and rules of the work in the company.

Article (24):

The Omani employees transferring to the Project Company shall continue payment of contributions in accordance with the pension scheme applicable to them and such Project Companies shall pay contributions in lieu of the government according to the system followed in the Pension Scheme and shall enjoy the treatment of government employees at the end of their service in the Project Company for any reason in respect of the calculation of the post service benefits subject to Article (25) of this law.

Article (25):

The difference between the wage of the transferring employee at the end of the last five years of his service and his wage at the beginning of the said five years shall not exceed 40 percent and if it exceeds this percentage the increase in the wage above 40 percent shall not be included in the wage taken as the basis for the calculation of his pension dues.

Article (26):

The position of employees who are not being employed in the Project Company shall be settled as follows:

  1. Those who are willing shall be transferred to government units according to the work needs provided they are qualified and trained in new skills, consistent with the work requirements of such units;

  2. The position of the remaining employees who have not been employed in the Project Company or transferred to government units shall be settled as follows:

    1.  Those who have completed ten years of service or more shall retire and their rights settled as if they have reached the retirement age according to the pension scheme applicable to the utility before Privatisation with a gratuity of the last basic monthly salary be paid to each of them for each year of service with a maximum of 12 basic monthly salaries and a minimum of five thousand Omani Rials. 

      Those employees whose period of service falls short of ten complete years of service by six months or less may purchase the remaining balance for the purpose of entitlement and calculation of the pension through the payment of outstanding contributions for such periods to the Pension Fund;

    2. Those employees who are not entitled to a pension according to the provisions of paragraph (b) (i) shall each be granted a gratuity of four monthly basic salaries on the basis of the last basic salary for each year of service in addition to the fixed allowances, provided the value of post service gratuity to which he is entitled according to the pension scheme applied by the utility he works for shall be deducted from this gratuity.  A period of service that is less than one year shall be deemed to be a full year.

Article (27):

The Ministry of Finance shall incur the following amounts:

  1. The gratuities paid in accordance with the provisions of this Law;

  2. Pensions to which employees provided for in paragraph (b)(i) of Article (26) of this Law and the contributions prescribed to the Pension Fund until they reach the age of retirement, and the funeral and condolence expenses in case of death of the retired employee before reaching the retirement age in accordance with the pension scheme provisions applicable to him. The Pension Fund shall pay due pensions thereafter.

Chapters:

Chapter One  |  Chapter Two  |  Chapter Three  |  Chapter Four  | Chapter Five



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