Can an employee be denied leaves or vacation by the company?

Hi km.imran,

It is important to also read the fine print in the employment contract.

While it may say that an employee is eligible for a month's paid vacation upon completion of 11 continuous months of service, it would also mention elsewhere in the same contract that it is subject to certain terms and conditions.

These T&C could vary from meeting the set sales targets, completing the assigned tasks, successfully conclude an ongoing project, winning the business, or whatever are the said employee's assigned deliverables.

By getting into litigations for such trivial reasons (which can be easily discussed and amicably settled between the employer and the employee), the employee would be the one to pay the price. Never the employer.

Dear sumitran

I feel you are well aware of so many things related to oman.

I would please have a question:

Can an employee get his visa cancelled (by his employer) while there is legal case open for an unlawful termination?

Many thanks for your response

Daohne wrote:

Can an employee get his visa cancelled (by his employer) while there is legal case open for an unlawful termination?

Hi Daohne,

If there is an ongoing case between the employer and the employee, then obviously the expatriate employee's employment visa cannot be cancelled, since that would make the expatriate an unregistered resident of the country.

And so there can be nothing done against a foreigner who is not a registered resident of the country, except taking action for being an illegal resident.

Thank you Sumitran.
Is employee still allowed to leave the country for approx. 2 weeks without he is denied entry to oman once back.
I need to leave the country, but I still have my house and furniture. So I would come back after 2 weeks but I am worried that I would be denied entry if in the meantime my employer  undertook to cancel my visa in my absence.

Thanks a lot for your feedback

Hi Daohne,

During a court case, you will not be allowed to exit the country - for the simple reason, you may not return to finish the case.

The authorities do not care if the case is on your side or not. So in all probability, if an expatriate wants to leave the country during the middle an ongoing court case, it could mean something else.

Thanks sumitran
This is "harsh". I don't have any income. If case last for months, then employee is due to stay during the court case?? Living on what income?
I mean people cannot stay and pay rentals till case is sorted out. Imagine it takes months...
Besides it's a case of unlawful termination open by me against my employer. I have no reason to flee the country as of now. But I have some obligations abroad. How is the omani law dealing with this. Do u mean I have no right to go out?? That's very scary and worrying.

Moreover sumitran I still have a residency visa. Having a case with manpower is not criminal. Also because of this case I did not get my settlement. If what u say is right, this is truly a nightmare.

Hi Daohne,

Unfortunately, what you are going through is not very uncommon. Many expatriates, go through these motions on an almost regular basis. You can try and connect with some others who may be sailing on the same boat as you are. Also, you could consult with some lawyers who specialise in settling employee-employer disputes.