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Calculation of Leave Days In case of "Unpaid Leave" Application

Last activity 05 March 2018 by Zaheerabbasi

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Suyash_Mct

I had to rush to my home country in some emergency and I had no choice other than applying for unpaid leave that time, as I had just joined my company in Muscat and as per Oman labor law, I was not entitled to avail of my annual leave before completing six month of my service with the current employer. I resumed my work after 2 weeks on Sunday (i.e. the first day of the week here), so I was counting my leave days until the last Thursday as Fridays and Saturdays being the weekends here, however my HR deducted my gross salary for the period starting from the date of start of my leave until the last Saturday ( i.e. including the last Friday and Saturday) prior to joining my office.

In my opinion, this is unfair and in fact illegal in the eyes of local law, however I do not see the calculation procedure for unpaid leave in the Oman Labor Law, so I am not sure if I am right. I had argued with my HR on this, but they said it is as per the law. However, I do not trust this. My logic is - since Fridays and Saturdays are non-working days here, even if we return to Muscat by Thursday evening, we cannot join our offices on Friday. We have no choice anyways and we can resume our work on Sunday.In that case, why any employee shall be penalized by deducting his/her salary of weekend days?

I hope somebody, especially HR professional (if any here in this forum) , who are very thorough with the local Oman Labor Law, can advise me if I am right. I am planning to raise this issue to Ministry of Labor and get it sorted. however if I know my legal stand on this, it will help me to take it forward or drop it (in case I am wrong).

Looking forward to seeing some good advice from the members.

Thanks in advance.

Sumitran

Hi truthprevails72,

Taking on the organisation by quoting the Labour Laws does not yield much favourable results for the expatriate employees, usually. More so, if the employee in question is relatively a new recruit.

Rather than get into a tussle with the management over this, it would be better simply to move on. You would realise that there is no point in you winning the battle but losing the war.

Suyash_Mct

Hi Sumitran,

Thanks for responding to my post. My queries is just to know and be sure what is legal and what is illegal. Rest I know how to handle it with my management. I just want to re-confirm from any competent person here that I am not wrong at legal front if I am fighting for it. Afterwards I don't care about the results...

Zaheerabbasi

As per my knowledge if you leave on Thursday evening you will get the salary of weekends i.e.  Friday and Saturday but if you re-join on Sunday you will not get the salary of Friday and Saturday. For correct information you can check Oman Labour Law on ministry of manpower website.

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