Ministry of Labour decision outlines required conditions for expat secondments within private sector

At a glance

• A new Ministry of Labour (Ministry) decision has taken effect which outlines the conditions which must be met for non-Omani employee secondments within private sector entities.
• The decision is enforceable from 16 December 2024.

The Ministry has issued Decision No. 730/2024 (Decision), which took effect on 16 December 2024. The Decision outlines the conditions for non-Omani employee secondments within private sector entities. These are as follows:

• Transferable professions: The profession to which the worker will be transferred cannot be restricted to Omani nationals only, allowing for a diverse workforce.
• Consistency with authorised profession: The nature of the profession to which the worker will be transferred must align with their authorised profession, ensuring that the employee is qualified for the role.
• Worker’s consent: The transfer requires the explicit consent of the worker, safeguarding their rights and ensuring they are willing to undertake the new assignment.
• Minimum duration in authorised profession: The worker must have completed at least six months in their authorised profession before being eligible for secondment, promoting stability and experience in their current role.
• Remaining permit period: There must be at least six months remaining on the worker’s employment permit period to ensure compliance with labour regulations and continuity of employment.
• Maximum assignment duration: The maximum duration for which an employee can be seconded is limited to six months per year, preventing prolonged assignments that could affect job security.
• Suspension status of entities: Neither entity involved in the secondment can have had their services suspended by the Ministry, ensuring that they are compliant with regulatory standards.
• Omanisation commitment: Both establishments must demonstrate a commitment to Omanisation rates.
• Limit on seconded workers: The number of seconded workers must not exceed 50% of the total workforce registered with both establishments.
• Registration requirement: The transfer must be registered with the Ministry using the designated form prepared for this purpose, ensuring official recognition and compliance with legal requirements.