How to address complaints against violations according to OHRC

We have published yesterday about the Rights and Duties of Domestic Workers in Oman and as expected many of our kababayans who works as domestic workers have a lot of complaints.

As we continue to provide information that we hope will help us as an OFW to safeguard our welfare while we work in this beautiful country, below is an excerpt on how to address complaints against violations from the Human Rights Handbook published by Oman Human Rights Commission.

Omani and non-Omani workers are safeguarded by laws against violations and aggressions. Oman has also found certain mechanisms that deal with violations against workers. Therefore, non-Omani workforce are advised not to take illegal individual actions, such as, leaving work, going on strike or running away as these actions would hold them legally accountable and might result in forfeiting their rights.

Non-Omani workers are strongly advised to take the following measures in the event of any violations:

First: Discuss the issue with the employer

This step is important because it allows the worker to raise the issue of dispute to the attention of the employer and obtain necessary clarifications. In many cases, the dispute is settled at this stage and the problem got resolved. In addition, the law in Oman obligates institutions with 50 workers and above to find complaints and grievance mechanisms.

Second: Involving labor syndicates and trade unions

If the establishment has a syndicate of its own or a member of a trade union, the worker under grievances can contact them to help him/her settle the dispute with institution. As of 2017, there are more than 230 syndicates and trade unions in the Sultanate.

Workers are also recommended to contact the General Federation of Oman Trade Union. Generally, labor syndicates and trade unions study the complaints submitted to them, work to settle them with the relevant parties, and provide legal advice.

Third: Turning to recruitment agencies

If the worker (especially domestic workers) came to work in Oman through a recruitment agency, then the agency is responsible during the first six months for settling most of the disputes concerning wages and work nature if it’s different from the ones described in the contract. The agency should impartially hold talks with the parties and try to resolve the matter especially if it involves one of the terms of the contract.

Fourth: Filing a complaint at with Labor Welfare Departments

If the complaint was not settled by the employer or the recruitment agency, the worker can personally file a complaint against the employer with the Labor Welfare Departments of the Ministry of Manpower. These departments exist in all governorates of the Sultanate. Workers can also file an online complaint through the Ministry of Manpower website (www.manpower.gov.om).

Fifth: Going to the Court (Labor Department)

If the labor complaint was not resolved or settled within two weeks in the Labor Welfare Departments (LWD), or settled but not implemented by either party, LWD shall then refer the matter to the competent court (the Labor Department) within two weeks from the date of expiry of the said period or refusal to implement the settlement. The law in Oman secures free of charge interpretation of the court proceedings at all stages of litigations for non-Arabic speakers. Some lawyers also offer free pleadings for simple labor cases.

Sixth: Filing a complaint with Oman Human Rights Commission OHRC

Oman Human Rights Commission monitors abuses and violations and receives complaints. It strives to resolve complaints through conciliations with the concerned parties in line with the existing legal frameworks. In order for the OHRC to deal with any violations against Omanis and non-Omanis, workers are recommended to take the following steps:

1. Submit a written complaint to OHRC addressed to the chair­man of the commission. The letter should outline the details of the violations with necessary documents attached. It can be submitted in person to OHRC headquarter in Muscat or through a knowledgeable representative.
2. Or file an online complaint through the commission website. Necessary documents concerning the violation can also be uploaded as an attachment. The following link will take you directly to the online complaint sectionhttps://www.ohrc.om/website_complaintsadd.php?language=en
3. Or call the voice message complaint line on 80002008 and leave a brief message indicating your name, violation and contact numbers. This service can be used outside official office hours. OHRC representative will immediately get in touch with the caller once they hear the message.

Seventh: National Committee for Combating Human Trafficking

In cases where non-Omani workers fall victim to human trafficking groups, or are used illegally beyond the employment contract with the institution they work for, or are forced to engage in illegal acts, such as prostitution, the OHRC urges reporting such cases to it or to the National Committee for Combating Human Trafficking (NCCHT). The NCCHT, in coordination with the Ministry of Social Development, works to shelter victims of human trafficking, provide them with health and psychological care, legal advices and other humanitarian assistance to mitigate the effects of abuse.

There you have it, we have provided everything that you need, now it is up to you to fight for your rights.