[Oman-L] Labour law: Strikes allowed under Ministerial Decision 294/2006

[Joachim Duester]

Omani ministry allows labourers to conduct peaceful
strikes - Times of Oman - 02 November, 2006

Labourers have the right to conduct peaceful work
strikes at their establishments in order to improve
work conditions and circumstances, according to a
landmark decision by the Ministry of Manpower.

Article 18 of the ministerial decision number 294/2006
on the regulation of collective bargaining, peaceful
strike and closure stated this clear right of the
labourer. The ministerial decision by Dr Juma bin Ali
bin Juma, minister of manpower, is based on the labour
law issued by Royal Decree No 35/2006 and its
amendments and in public interest.

The first article is on the attached system regulating
collective bargaining, peaceful strike and closure.
And the second article noted that this decision would
be published in the official gazette and come into
force on the date following its publishing.
The labour confederation (union) at the establishment
should give prior notice of the labourers’ intention
to strike at least three weeks in advance. This
notification should be made in writing.
However, such strikes are not allowed in
establishments, which render public or basic service
to the public. The strike period will be calculated as
leave without salary.
The moment positive moves are made to settle the
dispute, the strikes should be called off, another
article on this said.

The decision also outlined provisions on collective
bargaining and closures, other than peaceful strikes:

--Collective bargaining--
Collective bargaining is conducted in establishments,
which include labour confederations between the
employer and representatives of the union and the
general federation of Oman’s labourers, Article 2 of
the decision said. In case of the absence of the
labour confederations at the establishment, the
bargaining shall be conducted between the employer and
five of the labourers who are to be selected by the
general federation of the Sultanate of Oman’s
labourers. The employer shall not have the right to
object to the selection of any of the labourers‘
representatives.
According to Article 3, the employer shall commit to
providing required data and information to conduct the
collective bargaining and he shall be banned from
taking any procedures, or issuing decisions on topics
under bargaining, except in cases of urgency, provided
that the decision or procedure is interim.
The agreement reached through collective bargaining
shall be written and signed by all parties, Article 4
said. Copies of the same shall be handed to each party
and another copy shall be deposited at the ministry.

--Collective labour agreement--
The collective labour agreement (Article 5) shall be
signed for a period of three years. Collective
bargaining shall be conducted three months prior to
its expiry. Bargaining on any of the agreement clauses
may be conducted during its validity period at the
request of any of its parties.
The collective labour agreement may not include any
provision conflicting the enforced laws, or the
general system, said Article 6, while Article 7 said
that the employer should noticeably place the
collective labour agreement at the workplace.
As per Article 8, the collective labour agreement
shall expire by the end of its period, or by consent
of its parties, or when the establishment is closed
down.
In case of the sale of the establishment, or part of
it, the agreement shall remain valid.
Article 9 noted that in case of the emergence of a
collective labour dispute, it shall be settled in
accordance with the provisions mentioned in the
collective labour agreement.
Article 10 added that in case the collective labour
agreement doesn’t include texts on settling collective
labour dispute and if the collective bargaining fails
to settle it, any of the dispute parties shall have
the right to submit an application to the ministry to
settle it.
Article 11 noted that application to settle the
collective labour dispute submitted to the ministry
should include the following:
1- Names and addresses of the parties involved in the
dispute.
2- The subject of the dispute and its causes.
3- The steps taken to settle the dispute, if any.
4- Names of those nominated to settle the dispute.

The ministry will then, within seven days from the
date it has received the application mentioned in the
previous article, assign a mediator to reconcile
between the parties of the collective labour dispute,
says article 13. The mediator shall be agreed upon by
the two parties.
According to Article 14, the mediator in the
collective labour dispute shall facilitate bargaining
between the dispute party and provide them with advice
and Article 15 noted that the agreement reached shall
be written and signed by the two parties and the
mediator. Such an agreement shall be binding on its
parties.
Article 16 says that in case the mediator has not
achieved an agreement to settle the collective labour
dispute within 30 days from the date he was assigned,
he should refer the dispute to a committee to be
formed upon agreement of the dispute parties to settle
it.
Article 17 added that in case the committee mentioned
in the previous article has not achieved an agreement
between the dispute parties to settle it within 30
days from the date the dispute was referred to, the
committee shall refer the dispute to the competent
court.

--Peaceful strike--
Article 18 states that labourers have the right of
peaceful strike of work at the establishment for the
purpose of improving work conditions and
circumstances.
However, Article 19 noted that the labour union at the
establishment should notify the employer in writing of
the labourers‘ intention to strike, at least three
weeks prior to the fixed date. The notification shall
include the causes of the strike and the laborers’
claims. The ministry or any of its directorates in the
governorates, or regions shall be provided with a copy
of this notification.
Article 20 noted that the strike, or the call for it
shall be banned in an establishment, which renders
public or basic services to the public.
And Article 21 added that the strike period will be
calculated as leave without salary, while Article 22
noted that the strike will be immediately stopped at
the start of the procedures to settle the collective
labour dispute, in accordance with the provisions of
this decision.
Article 23 said that on being notified of the strike,
the ministry shall embark on forming a committee in
agreement with the labourers and the employer, in
order to achieve an agreement to end the strike and
settle the dispute between them. Such an agreement
shall be written and signed by all its parties and a
copy of which shall be deposited at the ministry. In
case the committee fails to settle the dispute within
four weeks from the date it was referred to it, the
dispute shall be referred to the competent tribunal.
Closure
In this section, Article 24 noted that the employer
has the right to partially, or completely, close down
the establishment to defend his interests.
Article 25 added that the employer should inform the
labourers, or the labour confederation at the
establishment of the closure.
The notification shall include the causes of the
closure and the date on which it will take place. The
closure may not be implemented unless after three
weeks of the notification date.
The ministry, or any of its directorates in the
governorates and regions shall be provided with a copy
of the notification.
Article 26 noted that the employer should abstain from
closing the strategic or vital establishment, or the
one which renders basic services to the public.
However, Article 27 noted that the strike should
immediately be stopped at the start of the procedures
to settle the collective labour dispute, in accordance
with the provisions of this decision.
And Article 28 noted that the closure of days will be
considered paid working days.
Article 29 added that the ministry will settle the
dispute leading to the closure between the employer
and the labourers, in accordance with the provisions
of Article 23 of this decision.