Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - Oman (Ratification: 1998)

Articles 1(1) and 2(1) of the Convention. Legal framework to prevent migrant workers from being subjected to forced labour. The Committee recalls that Oman enforces a visa-sponsorship system under the Foreign Residence Act No. 16/95, as amended in 2020, which allows foreign workers to transfer their residency from one employer (sponsor) to another who is licensed to recruit workers. Transfers are permitted if there is proof that the worker’s previous employment contract has ended or been terminated, and if the competent government agency approves the new contract with the second employer.

The Committee notes that a new Labour Law, promulgated by Royal Decree No. 53 of 2023, continues to allow all workers, including foreign nationals, to terminate indefinite employment contracts at any time with a legitimate reason and upon written notice (section 38). Section 41 outlines valid reasons for leaving without notice or before a fixed-term contract ends, such as employer fraud, non-payment of wages for over two months, physical assault by the employer, or serious workplace safety threats that the employer knew about but did not address. The Committee notes the Government’s information, in its report, regarding the number of migrant workers who have changed employers and whose work permits have accordingly been transferred to a new employer: 63,113 (52,424 men and 10,689 women) in 2020; 94,002 (77,209 men and 16,793 women) in 2021; 129,169 (104,095 men and 25,074 women) in 2022; and 66,928 (55,075 men and 11,853 women) up to June 2023.

The Committee further notes sections 8 to 14 of the Labour Law, regulating the grievance and dispute resolution mechanisms. Section 9 requires that disputes over workers’ rights first be submitted to the Ministry of Labour before going to court (in the case of an employer with more than 50 workers, a system of grievance must be put in place for complaints and grievances within the establishment (section8)). If a settlement is not reached within 30 days, the Ministry must refer the dispute to the court within 7 days. All lawsuits related to the Labour Law, filed by workers or their beneficiaries, are exempt from judicial fees (section 13).

The Committee takes due note of these provisions and requests the Government to indicate the measures taken to increase awareness and understanding among migrant workers of their rights so that they can easily access dispute resolution mechanisms, lodge complaints and seek redress in the event of violations of their rights or of abuses. In this regard, the Committee requests the Government to provide information on the number of disputes settled by the Ministry of Labour, of cases before the complaints mechanisms and before the courts, as well as more specific information on violations reported, the follow-up given to the complaints, the sanctions imposed and the remedies obtained.

Specific situation ofmigrant domestic workers. The Committee notes that the new Labour Law does not apply to domestic workers, as section 2 excludes workers governed by special laws. Consequently, migrant domestic workers are still regulated by Ministerial Decree No. 189/2004, which outlines special terms and conditions, and by the Standard Employment Contract of 2011. The Committee recalls that, under section 8 of Ministerial Decree No. 189/2004, either the employer or the domestic worker can terminate the employment contract with one month’s notice. Additionally, the worker can end the contract in cases of abuse by the employer or his or her family. However, according to section 7(4), a migrant domestic worker can only work for another employer if the first employer (the “recruiter”) agrees to release their sponsorship and completes the required procedures.

The Committee further notes that, although Ministerial Decree No. 189/2004 and the Standard Employment Contract include some regulations for domestic workers as regards the payment of wages, room and board, and medical care, other areas like working hours, rest days and annual vacation are not legally regulated. Additionally, the decree does not specify penalties or monitoring mechanisms to ensure its provisions are enforced but provides that disputes are handled by the department under the Ministry of Labour responsible for settling labour disputes, which must take all necessary measures to settle them amicably within two weeks. If no agreement is reached or if one party refuses to comply with a settlement, the above department must refer the case to the competent court within two weeks.

The Committee observes that, in its concluding observations of February 2024, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about: (1) the fact that the Labour Law does not apply to migrant domestic workers and that the Standard Employment Contract does not offer adequate protection from exploitation of migrant domestic workers; (2) the absence of specific legislation that addresses the lack of labour inspection mechanisms, the deportation of an “absconding” worker, and the absence of sanctions applied to employers for withholding the passports of domestic workers, although there is legislation prohibiting these practices; and (3) the absence of effective complaints mechanisms with adequate enforcement measures against employers engaging in abusive practices and the lack of a monitoring system to conduct workplace inspections (CEDAW/C/OMN/CO/4).

The Committee observes with concern that the lack of a comprehensive legal framework covering all aspects of the labour relations of migrant domestic workers increases their risk of being victims of abusive practices and working conditions that may amount to the exaction of forced labour. In this regard, the Committee highlights the importance of taking effective action to ensure that the system of employment of migrant domestic workers does not place them in a situation of increased vulnerability, particularly when they are confronted with a lack of regulations on labour rights, as well as weak or absent enforcement and complaints mechanisms, and employment policies that result in, inter alia, difficulties in transferring employers, retention of passports, non-payment or underpayment of wages and deprivation of liberty.

The Committee requests the Government to take the necessary measures to provide migrant domestic workers with adequate legal protection, with a focus on preventing the risks of becoming victims of forced labour, including by extending protection to domestic workers concerning the employment relationship, monitoring their conditions of employment and facilitating access to the complaints mechanisms in the country. In addition, the Committee requests the Government to provide information on the number of migrant domestic workers who have been able to change employers; those who have terminated their employment at their own request; and those who have had recourse to the complaints mechanisms established under Ministerial DecreeNo. 189/2004, as well as more specific information on the violations reported, the follow-up given to the complaints, and the remedies obtained.

Article 25. Penalties for the exaction of forced labour. The Committee notes that the new Penal Code, adopted in 2018, does not retain the provisions previously criminalizing forced prostitution and slavery, nor does it include any provision relating to the exaction of forced labour. Further, section 5 of the Labour Law prohibits employers from imposing any form of compulsory or forced labour on the worker, and violations of this section are punishable by imprisonment, from ten days to one month, and/or a fine.

The Committee recalls that Article 25 of the Convention requires that the exaction of forced labour be punishable as a penal offence, and that the penalties imposed by law be really adequate and strictly enforced. It draws the Government’s attention to the fact that legislation that provides for a fine and/or a short term of imprisonment cannot be considered effective, given the seriousness of the offence and the dissuasive effect that the penalties should have. The Committee requests the Government to take measures to ensure that, in accordance with Article 25 of the Convention, persons who impose forced labour on migrant workers, including domestic workers, are prosecuted and sanctioned with dissuasive penalties, including by strengthening the capacity of law enforcement bodies to identify and proactively investigate situations of forced labour. It requests the Government to provide information on the judicial cases, penalties imposed and the legal provisions invoked to convict perpetrators.

The Committee is raising other matters in a request addressed directly to the Government.