INDEX

1.
2.
3.
4.
5.
6.

INTRODUCTION.. 4
TASK ONE. 6
TASK TWO.7
CONCLUSION...8
REFERENCES9

INTRODUCTION
To commence with any business, it is necessary to follow certain procedures.
These procedures help in the proper functioning of all the jobs and to protect
the rights of the employers and employees. Before taking up any job, it is
made sure that a proper contract is made between the employer and
employee and certain terms and conditions are made necessary to focus on.
These terms and conditions are the basis of any company and hence it is
obliged by all the members of the company. One of the most critical parts of
any work is to maintain a good relationship with others and to make the
workers comfortable in their job. In any company, the most important thing
which is usually asked by any employer from its employee is a good
performance and a good behavior at the workplace. No company wants their
employees to behave in a manner which is against the rules and regulations
of the company. All the employees are expected to maintain discipline and to
maintain a sound atmosphere at the workplace. Often there comes a point
where the employers have to take charge and to guide the employees if they
follow the contrary of the rules and regulations. Disciplinary action is a
process followed in the company when a case of misconduct is absorbed by
any employee and hence certain decisions are taken to make sure that sure
behavior is not done by any other employee. Disciplinary action generally
focuses to communicate with the employee and to take certain measures for
the benefit of the company. When other measures doesnt work and the
employee commits a very serious offence in the company then a disciplinary
action is taken. Before taking a disciplinary action, certain other methods are
considered but if the employee has violated a very important term of the
contract then a disciplinary action is taken by the employee. Other
considerations which are generally taken before disciplinary action are:
1.
2.
3.
4.
5.

Disciplinary Alternative
Guiding Principles:
Other Resources
Sample Letter Of Warning
Seven Tests of Just Cause

6. Training Resources
CASES OF TERMINATION OF EMPLOYMENT CONTRACT
Before commencing any business, a contract is made which contains all the
rights of both the parties and all the rules and regulations which have to be
adhered. Generally there are two type of contracts: (a) fixed contract and (b)
unlimited contract.
1. FIXED CONTRACT: as per the name, fixed contract refers to the
contract which has fixed time period. A fixed is usually signed between
people who have projects for a certain time period and certain jobs
which have to done within a certain time frame.
In the article 36, it has been stated that if the parties share fixed
contract and are willing to continue the business even after the expiry
date of the contracts, both parties shall follow the procedure to first
terminate the existing contract on the date of expiry and renew the
contract for unlimited time frame. Following the rules the regulations, a
fixed contract is understood to be expired on a fixed but even after
that a notice of not less than 30 days has to be given to employee
reminding that the date of the termination of contract is due. The
reasons for non renewal have to mention in the notice which has to be
legally valid. One more important thing related to the termination of
contract is that a fixed contract can be terminated before its actual
expiry date by neither employer nor employee. Employee or employer
can terminate the contract before its expiry date due to the reasons
which are specified under article 40 and article 41. Article 40 gives
right to the employer to terminate the employee without prior notice if
the employee violates the terms and conditions of the contract and
commence grave offence at the workplace. Article 41states that the
employee can also terminate the contract by giving a notice to the
employer and can fight for his or her right if the employer is dishonest
and doesnt fulfill the demands of the employee and doesnt oblige to
the terms mentioned in the contract.

In other cases, the contract can be terminated by the employer due to

the reasons which are listed under article 43:
1. When the work for which the contract was made is completed.
2. Due to uncertain death of the employee
3. If the employee loses the capability of performing his or her task.
4. If the employee resigns from the work.
5. If the employee is absent due to illness for 10 weeks in a year.
2. INDEFINITE CONTRACTS: they are the contracts which dont have an
expiry date. In these contracts also the termination of the employee
requires a fair reason and should be on valid grounds otherwise such
termination would be considered unfair and null and void by judiciary.
In the article 37 of Omani labor law, it has been stated that the
employer can terminate the contract of the employee by giving 30
days notice to the employees who work on monthly basis and 15 days
notice to the other employees and a longer period of notice can be
provided if the same is mentioned in the contract. If the notice does
not reach the employee, employer has to pay the employee
compensation equal to the amount of notice period. But the notice of
termination is not considered valid for the period when the employee is
on holiday. Here also, article 40 and article 41 are considered to
terminate the employee without prior notice.
(Ucsfhr.ucsf.edu, 2016)
TASK ONE
In the following case, it has been found out that Suleiman, supervisor of the
department has been caught stealing the equipments of the workplace which
included a small electrical motor and few spare parts (5amps switches).
Basher was on duty when he stopped Suleiman from leaving the gate of the
workplace and found that Suleiman had kept the equipments of the
workplace under his driving seat and on been asked he tried to cover his
crime by narrating a different and unreal story. When the enquiry was taking
place, Suleiman told the officer that there was some problem with the 0.50
hp motor and he replaced the motor and kept the defected one with himself.
He made certain excuses on how he had kept the motor with himself but

later it was found that Suleiman was lying and the motor which was
recovered from him was in good condition as wasnt defected. It proved that
Suleiman was dishonest and tried to steal companys property which is
against the rules and regulations of the Omani labor law.
According to article 40, it has been stated that any employee if found
dishonest with the company in terms of his or her behavior or commits an
act completely against the rules of the company and violates the terms of
the contract, then he or she can be dismissed by the company without giving
any prior notice or end of service gratuity to the employee. In the following
case, Suleiman is accused to gross misconduct which has been proven by
catching him red handed when Suleiman tried to steal the companys
property and after that lying to authority.
There are certain cases stated under the article 40 of Omani labor law which
gives right to the employer to terminate the contract with the employee
without giving any prior notice and end of service gratuity. Those cases are
as under:
1. Employer can terminate the employee if the employee doesnt disclose
his or her real identity or uses fake means to enter into the contract.
2. If the employer faces huge financial loss due to any mistake or
carelessness of the employee. Employer here has to inform the higher
authority of the loss within 3 days of the occurrence of the mistake.
3. If the employee repeats the same mistake again and again or doesnt
put any effort to rectify the behavior despite of giving instructions.
4. If the employee is found absent from work exceeding 10 days without
giving any understandable cause of absenteeism or if the employee is
absent for 7 consecutive days but in the latter case a notice should be
given to the employee.
5. If the employee discloses any internal issues or secrets outside.
6. If there has been an incident where the employee is accused of any
offence or has breached the rules of the contract or has proved to be
dishonest in work as well as in his behavior at the workplace.

7. If the employee is found drunk in the workplace during working hours

or is found of consuming any toxic substances during the working
hours.
8. If the employee causes physical harm to any of his colleagues or senior
staff.
(Oman Law Blog, 2016)
TASK TWO
Indeed courts in Oman are bound to be extremely protective of employees in
general but according to a new Appeal Court decision (which goes in favor of
the employer), an employer by whole means is permitted to dismiss the
employment of an employee without compensating for damages in specified
cases who is into acts of gross misconduct according to the Omani Labor
Law. Assault at the place of work, continued absenteeism, using a fake
identity, or intoxication is included in the acts of gross misconduct.
Article 40 of the Omani Labor Law states that if an employee is caught in a
major violation of his duty in accordance with the contract of employment,
then the employer with complete authority can dismiss the employee
without any prior notice. However, Omani courts have not presented a clear
definition of what the Omani Labor Law calls a major violation. the courts
are ought to favor employers if the employer can show that he/she has
followed the procedure as mentioned in the Article 40 (9) for dismissing an
employee. The employers should adopt the following steps to dismiss an
employee:
In order to ensure that the Omani Labor Law is being complied, the employer
should present a Letter of Accusation in the first 15 days, or within 15 days
the detection in the presence of two witnesses (both of them should be
Omani males. The letter should highlight the claims against the employee in
a clear and simple way and must refer to Article 40 (9). The employee should
be given a notice and invited to an investigative meeting. A meeting should
be held before handing the Letter of Accusation to the employee giving him a
chance to answer all the claims set against him in the Letter of Accusation. If

the employer happens to be unsatisfied by the employees response or if the

employee happens to be absent in the investigative meeting, the employer
can then present a termination letter to the employee provided it is
presented within the mentioned time frame according to the law.
Accordingly, in the following case Suleiman was caught in a theft which is
considered as gross misconduct in the Omani labor law and because of this
reason he can be terminated by the employer without any prior notice. As
per the provisions of the Omani labor law gives right to the employees to
prove the allegations wrong and to give justification on their part. In the
following case also a meeting was held and Suleiman was asked to give
justification as to why he was carrying the companys equipment and why
was he hiding it from others. Suleiman gave his justification by saying that
he had replaced the motor and the one he had with himself was defected
one and he couldnt return to the company as the office of the stock
manager was closed. While Suleiman couldnt give any excuse on why he
was carrying the spare parts and his excuse on the motor was also proved
wrong when the motor recovered was functioning properly. All this proved
that Suleiman was at fault and he was lying in the meeting held. Because of
all these reasons Suleiman can be terminated from the company without any
notice of termination and any compensation. Article 40 of Omani labor law
states that if employee commits any crimes or is being dishonest and
violated the rules and regulations of the company, employees contract can
be terminated without any notice and compensation and the same can be
followed in the case.

(Oman.om, 2016)
CONCLUSION
In any business before entering into any business both the parties make
contract which comprises of all the legal terms and conditions related to the
work. The employees are appointed in the company, they are also included

by first signing a contract which states all the terms and conditions and
expectations of the company towards the employee. All the companies
require employees who conduct is good and someone who can be beneficial
for the company. Behavior and performance are to two essential
requirements expected in the employees and its employees duty to live up to
those expectations. The behavior and performance of the employees are
checked at each point and the employees are made aware of the things
which are not suitable for the company. Employers generally guide the
employees where they feel that the employees are losing track of their work.
If the employee commits some minor mistakes, they car given instructions
by their employers but if there are cases where the employees violates the
rules and relations or commits a offence which is seen as gross misconduct
in the eyes of Omani labor law, then the employee is dismissed from the
company without any notice or end of service gratuity. As we can see in the
following case, Suleiman tried to steal companys equipment and when
caught tried to lie to the senior members of the company. This is seen as a
gross misconduct done by Suleiman and he can be terminated from the
company without giving any prior notice.
REFERENCES
1. Ucsfhr.ucsf.edu. (2016). Chapter 23: Taking Disciplinary Action. [online]
Available at:
http://ucsfhr.ucsf.edu/index.php/pubs/hrguidearticle/chapter-23-takingdisciplinary-action/ [Accessed 16 Aug. 2016].
2. Oman Law Blog. (2016). Oman Law Blog: Terminating An Employment
Contract For Gross Misconduct: An Employer's Practical Guide. [online]
Available at: http://omanlawblog.curtis.com/2015/12/terminatingemployment-contract-for.html [Accessed 16 Aug. 2016].
3. Oman.om. (2016). [online] Available at:
http://www.oman.om/wps/wcm/connect/ac78dc4f-69f0-4ddd-ad36-

eefb357a43f6/Omani+Labour+Law.pdf?MOD=AJPERES [Accessed 17
Aug. 2016].