The Key Aspects of the Business Law - Essay Example

Business Law Name: Institutional Affiliation: Business Law Steps to resolve the Issue The Omani law clearly stipulates the statutory basis for strikes in the nation. The ministerial decision (“MD 294/2006”) as amended and promulgated by the respective ministry of Manpower in relations to article 107 of the labor law clearly regulates numerous aspects of the employer, employee relationship along with the procedures of holding a peaceful strike [Jah14]. The article states that the employees “may hold peaceful strikes so as to demand for the improvement of working circumstances and conditions. However, any form of strike is prohibited in organizations that provide basic public service [Jah14]. It is important to understand the basis under which the strike was allowed. Before the occurrence of any strike, the employees ’representative or labour unions must provide the respective employers three weeks prior the planned strike by providing a written notice of the employee’s intention and reason to hold a strike [LEG12]. The same notice should be submitted to the ministry of Manpower in the country and the relevant local authorities in their jurisdiction. Upon the receipt of the strike notice, the ministry shall constitute the committee, which also constitutes a representative of the employees, the employer and the ministry itself, with an aim of resolving the dispute. The strike can only cease if a deal is arrived at between the 3 main representatives. The time frame provided for the committee to reach an agreement is four weeks. Under this specific scenario, an agreement was arrived at, at this specific stage. The agreement stated that the employees be offered health insurance and at the same time, the institution would not fire anyone. If the stipulated policies are not followed, then the representative of the employees is entitled to go to court where the dispute shall be heard and a judgment arrived at. At the court level, court orders are issued and must be followed both or charges are put against the party that does not follow the court order. Welfare Measures offered to the Employees The part of the labour laws talks about the wages, the leaves and the working hours. So as to ensure that welfare in the Oman welfare are well taken care of. The major guidelines that outline the amount of wages were enshrined in the constitutions under the labor laws. According to article 50 of the labour laws states that, the council of ministers shall determine the required minimum limit of wages which shall be determined by the economic circumstances and may vary according to the occupations, nature or conditions of the work. The minister in charge shall issue the decision to determine the minimum allowance and the conditions and procedures of their payment [Jah14]. The other welfare factor that is openly discussed in the labour laws is about the employees’ leave. Article 61 of the Oman Labour laws state that an employee will have the right to an annual leave with the entire salary for a period not less than 30 days [LEG12]. The specific employee shall have this leave in consideration to the interest of the work. However, the labour laws further state that one shall only be entitled to the leave after working for at least 6 months from the time the worker joined the job [LEG12]. An employee shall also have the right to a 6 day emergency leave yearly with the full salary in such emergencies. The labour laws also factored the wages that one should earn during holidays for official occasions and other festivals [LEG12]. In relations to the provisions of the social Insurance Law, the labour law states that any worker whose illness has been certified, shall be entitled to a sick leave, of which shall not exceed ten weeks during one year, regardless of whether it is continuous or divided [LEG12]. The above, shall be granted as follows. The 1st and 2nd weeks with the gross wage The 3rd and the 4th week, the employee shall be entitled to 75% of the gross wage The 5th and 6th week, the employee, shall be entitled to 50% of the gross wage The 7th week to the 10th week, the employee shall be entitled to 25% of the gross wage. The form of sickness shall be proven by a medical certificate and any case of dispute shall be forwarded to the medical commissioner indicated in section 43 of the labour laws [LEG12]. Article 67 of the labour laws talks about the welfare of the employees with regards to occurrences such as marriage, deaths, pilgrimage and examinations [LEG12]. Chapter 3 article 68 of the Oman Labour laws discusses about the number of working hours the employees are entitled to. It states that each employee may not be obligated to work for more than 9 hours a day and a maximum of about 45 hours a week [LEG12]. During which one is entitled to half an hour breaks so as to take good rests. Task B The employees have a right of taking an issue to court. This mostly occurs when the earlier mediation talks have failed. For example, when the meeting between the employees’ representative, the employer’s representative and the ministry officials have failed to arrive at an agreement, the employees have a right to go to court [Adv14]. In the occurrence of a labour dispute, the Oman labour laws have a laid down procedure on how to tackle the specific issue. The first option in the occurrence of a dispute is that the two parties, should attempt to solve the dispute among themselves. The two parties in this case are the employer and the employee. If an employee feels that the working conditions or the amount of wages being offered, do not match his or her job description or the amount of job that he or she undertakes, the employee should meet the employer and attempt to arrive at an agreement . If they fail to agree, the employee has the right to forward the issue to the labour union in which he or she belongs to [Cur11]. The labour union shall receive the complaint after which they shall take time and analyze the matter being raised so as to determine whether it meets the threshold to be tackled at their level. If the complaint raised by the employee(s) are valid, then the labour union will take it upon themselves to attempt to solve the issue with the employer [Cur08]. At this stage, the two parties can either arrive at an agreement or not. In the situation that they arrive at an agreement, the dispute is solved the employees’ welfare would be looked at. However, if an agreement is arrived at, at this point the labour union can therefore raise the issue with the ministry of manpower in an attempt to compel the employer, using a higher power [Cur11]. At this point, three representatives are chosen among other stakeholders that are perceived to be neutral and that can help in the mediation. The three representative include, the employee(s), employer representative and the ministry official. This is the second last stage of mediation and if the 3 parties cannot arrive at an agreement within the stipulated four week time frame, then the issue goes to the courts. The court is the final arbiter of the matter [Cur11]. It is important to highlight the Oman Sultanate has revised the present labour laws so to labour laws that match the international standards [ALB14]. The drafted law envisages the formation of a number of legal entities such as; A new specialized labour court set up by the royal decree An independent commission for the purpose of dispute resolution so as to mediate the labour disputes and this will also include the union dispute and the power to refer the labour court. A high level social dialogue committee that proposes and comments on the draft laws impacting on the economic policy and upon which the Omanisation committee in the different sectors would report to [Cur11]. Task 3 The amendment of the labour law in 2006 permitted the formation of the trade unions in Oman. Since 2006, the number of the labour unions in Oman has significantly increased. Presently there exist about fifty five labour unions across Oman [Cur09]. Trade unions refer to an organization of employees that work alongside one another so as to achieve a common goal. The Oman constitution allows for the trade unions to defend the rights of the employees, represent the employees in work related issues and also improve the social and financial situation [Cur09]. The steps involved in the formation of a trade union in Oman in a retail out are simple and clear. According to the ministry of manpower, there six simple steps [Ste14]. The steps include; Inform the organization’s workers on joining the trade union. Prepare a constitution and a list of Union members. Submit the registration form to the application to the relevant ministry The forth step involves following up the registration application with the department of trade unions in the ministry. Publishing of the union’s registration, declaration in the gazette. Issuance of the union’s registration certificate. Role of Trade Unions It is important to understand that the trade unions have existed since 1930s with the main function of bargaining the power of the dominating employers who tend to suppress the employees work place [McC86]. It is through the efforts of various unions that the workers get to benefit from better working conditions, better pay and thus be treated with dignity in the workplace. Some of the main roles of the trade unions include; Collective bargaining, Employee Welfare Unfair Practices and legislation. Unfair Practices The labour unions have the sole responsibility of checking the unfair practices by the employers. It is unfair for the employers to dominate a union, victimize workers that file charges against their employers and discriminate the workers that engage in union activity [Wil14]. If the employers engage in any of these acts the union has the right to take it up with the board of the organization, on behalf of the employees it represents. These actions have been carried out by the union before and will continue to be carried out to date. Employee Welfare The unions have successfully fought for better terms and conditions for the workers whom they represent. One of the main functions of the unions is to represent the interests and secure benefits such as job security, protection from arbitrary action by the employer, reasonable work schedules and higher wages for the employees [Wil14]. Collective Bargaining The labour unions are developed so as to grant the employees an equal bargaining with their employers that have traditionally had the ability to entirely set the condition of how the employees work and what they are to be paid [Wil14]. The unions are therefore charged with the responsibility of negotiating with the employers in that specific industry. The fact that the union constitutes a group of workers, this gives them a greater voice than a single employee. This increases the chances of them having a higher bargaining power [Wil14]. Legislation The unions also play a significant role in formulating and developing the labour laws and regulation that ensure effective protection of the worker. They achieve this by initiating a push for the regulation in the areas that mainly concern the employees in the work environment. They further lobby for the creation of laws and regulation and also disseminate information to the employees whom they represent [Wil14]. Conclusion The paper effectively analyzes the Oman labour laws and how they impact on worker in the Oman Sultanate. From the analysis, it is vivid the trade union play a crucial role in protecting the employees and ensuring that their rights are upheld. It is important to state that the Oman Sultanate is in the process of adopting new labour laws that will protect the employees in the region, improve their welfare and leading to a more productive economy. Bibliography Jah14: , (Jahn, 2014), LEG12: , (LEGAL DEPARTMENT, 2012), Adv14: , ( Advameg, Inc, 2014), Cur11: , (Curtis, 2011), Cur08: , (Curtis, 2008), ALB14: , (AL BUSAIDY MANSOOR JAMAL & CO., 2014), Cur09: , (Curtis, 2009), Ste14: , (Ministry of Manpower, 2014), McC86: , (McConville, 1986), Wil14: , (Williams, 2014), Read More