Wage for the extra-work beyond job description?

Post new topic

Member since 08 April 2018

quaziqbalNew member10 April 2018 07:01:08

Dear Members / Mr. Sumitran

I am very much relieved to witness such a helpful & friendly forum of expats fraternity.

*I am an MBA holder working as a Marketing Specialist in a modular kitchen company for more than one year.
*Before joining I was assured that the contract will be made upon my arrival but in-spite of my several requests time to time the company didn't made any as of yet.
*The starting salary was promised as 270 OMR + assuramce of huge incentives alongwith the promise that the basic salary will be increased to 350 OMR after three months. But sadly I got no incentives on sales and also the basic salary still remains the same.
*My assigned task was to do kitchen sales only but the company gave me extra work beyond my job title and description like making 3D Kitchen designs on PC and also fabricating design for production without any extra payment for it.

I have proofs of all my design works duly signed by the clients, I would like to know if I will approach the manpower ministry/ embassy can they make my company pay for my design works in the light of Article(21) of the labor law?

Article(21):
…if there is no written contract of work, a worker may establish his rights by all means of proof.

Article(3Bis):
The employer has no right to impose any form of compulsory or coercive work.

Article(25):
The employer shall not deviate from the terms of the contract or assign to the worker, a work that has not been agreed to, unless necessity so requires and on a temporary basis, Nevertheless, the employer may assign to the worker a work that has not been agreed to if it is not substantially different from the original work.

P.S. I have resigned last month and presently serving notice period , my notice period expires on 21st April. Meantime i'm awaiting my final settlement.

Looking forward for your help and suggestions

GuestPoster411 Guest

GuestPoster411Guest10 April 2018 13:40:28

214245

For the benefit of the other readers, I am posting below what I have responded to your private message.

Hi quaziqbal,

You have no time to waste.

Immediately file a complaint against your employer with both the Indian Embassy as well as with the Ministry of Manpower. Provide all the documented evidence to prove that you have been thoroughly exploited.

Your employer has taken you for a ride by making big promises but not keeping any. That itself is a punishable offence.

If you do not fight for your rights, you will be at the receiving end. And would most likely leave without even your settlement amount. In any case, since you have been working with them for only over a year, you will not be eligible to get any PF or Gratuity. So all you can hope to collect is one month's salary as compensation.

And if you do not let your employer know of your serious intentions, they might take you lightly.

Since it is work created by you by which your company has benefitted, you are definitely entitled to some compensation. So demand it.

quaziqbal New member

Member since 08 April 2018

quaziqbalNew member10 April 2018 14:14:04

Thank you very much for your kind support.

schaz VIP Member

Member since 08 October 2012

schazVIP Member17 April 2018 02:21:05

1454

quaziqbal wrote:
Thank you very much for your kind support.

A good link for you to know the employer rights.

http://timesofoman.com/article/132315/O … r-benefits

quaziqbal New member

Member since 08 April 2018

quaziqbalNew member17 April 2018 18:59:43

Update: I have online registered a complaint in the ministry today. As told earlier my notice period of one month expires on 21st April, Meantime, the company has prepared my air ticket for 21st April, no settlement amount/ past dues has yet been cleared, company is telling me to leave the accommodation on 21st April and telling me if any delay is caused then the cost of cancellation of ticket and expenses of my prolong stay will not be beared by the company. Please let me know whether my company can expel me from the accommodation during the pendency of my case in ministry or charge me while I wait for the justice.

Thank you
Warm Regards

GuestPoster411 Guest

GuestPoster411Guest18 April 2018 12:04:07

214245

Again, for the benefit of the other readers, I am posting below what I have responded to your private message.

Hi quaziqbal,

No. Your company cannot force you to leave when your case is pending in the labour court.

Inform the Ministry of Manpower that your employer is also harassing you like this.

They are just trying to scare you off.

Don't back down. Fight it out.

quaziqbal New member

Member since 08 April 2018

quaziqbalNew member21 April 2018 11:39:44

Update: It is relevant to mention here that I am not alone in the hardships I faced at my company, my two other colleagues have also resigned with me, and their case is also the same that the company is not giving full & final settlement. We all three have registered our complaint in the manpower ministry, since the company is forcing us to evacuate the accommodation. While considering the cost of living and the cost required for fighting the case, we are thinking that two of our colleagues will leave for India, they will sign the authorisation letter in my name to fight for their rights along with mine, I wanted to know if such things are permissible in the eyes of manpower ministry?
I appreciate and I'm humbled of your help, Thank you

schaz VIP Member

Member since 08 October 2012

schazVIP Member22 April 2018 09:02:37

1454

While our all sympathies to you, the ideal situation would be the availability of your colleagues. You can expedite the follow-up with the MOM in order to build a pressure for an early decision, explaining your current scenario. Don't wait for the ministry, follow as much as you could as it's a bitter reality that such things go very slow in Oman if not properly followed up.

quaziqbal New member

Member since 08 April 2018

quaziqbalNew member22 April 2018 09:41:20

What is the normal resolution time of a complaint made in the manpower ministry? Is there any accountability & time limit for rendering justice? Does the manpower ministry provide compensation to the worker for their expenses incurred while seeking justice when it has been finally established that the company was at fault?

schaz VIP Member

Member since 08 October 2012

schazVIP Member22 April 2018 20:29:01

#10

1454

There is no specific answer to all your above questions. The resolution time could take from 6 months to a max (maybe 1 year or even more). That's why I had mentioned you to strengthen your follow up and expedite your efforts in order to get the issue resolved as early as it could be. I would also suggest you that if you know a trustable local (Omani) person who could help you, get him involved for a lingual support while your visit to Ministry. That would certainly ease things a bit.

Articles to help you in your expat project in Muscat

Setting up a business in Oman
A major change came a few years ago when it was officially decided that expatriates do not need an Omani partner ...
Finding a job in Oman
While it's not recommended for anyone to go to Oman to look for a job, it's important to ensure you have a ...
Work conditions in Oman
Working in Oman offers a unique combination of professional opportunities and cultural experiences. The country ...
Medical Fitness Testing for Oman employment
Where to go?
Driving in Oman
Expatriates tend to prefer to drive in Oman, as public transportation isn't fully implemented across the ...
The Omani lifestyle
Before moving to Oman, people should be aware of the local lifestyle. The Omani way of life is a unique blend of ...
The health system in Oman
Most of the time, when securing a job in Oman, your employer will provide you with health insurance, but it is ...
Banking in Oman
Oman's banking sector is characterized by a mix of well-established local banks, international bank branches, ...