Article 4 of the Omani Labour Law: The Principle of Worker Protection and the Nullity of Derogatory Terms

By: Advocate Yousuf Al-Khadhuri

Introduction

The Labour Law of the Sultanate of Oman constitutes the foundational legal framework governing the relationship between employers and employees, aiming to protect the rights of both parties while ensuring efficiency and fairness in the workplace. Central to this protective mechanism is Article 4 of the law, which stands as a cornerstone principle establishing the nullity (voidance) of any conditions or agreements that contradict the law’s provisions, unless they are more beneficial to the worker. This legal text reflects the Omani legislator’s dedication to achieving balance in contractual relations, preventing the exploitation of a worker’s negotiation disadvantage or necessity to undermine their statutory rights.

This article provides an in-depth analysis of Article 4 of the Omani Labour Law, examining its various practical applications, with specific focus on scenarios such as a worker waiving part of their overdue entitlements.

The Legal Text of Article 4

Article 4 of the Omani Labour Law unequivocally stipulates:

“Any term or agreement that contravenes the provisions of this Law shall be deemed null and void, even if concluded prior to the entry into force of this Law, unless it is more beneficial to the worker. Any release, settlement, or waiver of rights arising under this Law shall also be deemed null and void if it contravenes its provisions. Any better term stipulated for the worker under the laws, regulations, and decisions in force on the date this Law enters into force shall remain in effect.”

(Source: Omani Ministry of Justice and Legal Affairs (MJLA) – Omani Labour Law)

Detailed Analysis of Article 4’s Provisions

Article 4 can be broken down into three main components, each carrying significant legal implications:

1. Nullity of Contradictory Terms and Agreements (The General Rule)

This part establishes the general rule that any term or agreement between the employer and the worker that violates any provision of the Labour Law is null and void. This includes agreements concluded before the current law came into effect, provided they conflict with its current stipulations.

The Exception: The Term More Beneficial to the Worker

This exception is crucial, as the law permits a contradictory term or agreement to remain valid if it secures a greater benefit for the worker than what is stipulated in the law. The standard of “more beneficial” is subject to judicial discretion based on the specific circumstances of each case.

For instance, a contract may include superior benefits such as extended annual leave, higher bonuses, or better severance terms than the legal minimum. In such a scenario, despite deviating from the “minimum” legal requirements, the terms remain enforceable because they favour the worker.

2. Nullity of Release, Settlement, or Waiver of Rights

This section specifically reinforces the protection of the worker’s statutory rights. It renders any release (waiving a right), settlement (agreeing to compromise), or waiver of rights arising under this Law null and void if it contravenes its provisions.

Application to Overdue Entitlements

In the scenario where an employer agrees to pay only three months of overdue wages in exchange for the worker waiving the remaining three months, this agreement is null and void by virtue of Article 4. The worker’s right to full remuneration for work performed is a statutory right, and its waiver in a manner that contravenes the law is prohibited.

The “more beneficial to the worker” principle does not apply here. A worker forfeiting a part of their fixed, earned financial entitlements cannot be considered beneficial. The core principle is the worker’s entitlement to full wages, and any agreement that diminishes this right is void.

3. Continuity of Previously Established Better Terms

This part ensures the non-retroactivity of the law to the detriment of workers. If a worker was entitled to better terms under laws, regulations, or decisions that were in force prior to the current Labour Law, those superior terms remain binding and in effect. This preserves vested rights and prevents any attempts to diminish them through retroactive application of the new law.

The Lawyer’s Critical Role under Article 4

The lawyer plays a vital role in advising both employers and workers on the strict application of Article 4. This includes:

• Legal Consultation: Clarifying legal rights and obligations regarding the validity of employment contracts and terms.

• Contract Drafting and Review: Ensuring that employment contracts comply with the Labour Law and do not contain voidable clauses.

• Representation in Labour Disputes: Advocating for workers’ rights against non-compliant terms, or defending employers in cases where the disputed terms are genuinely “more beneficial” to the worker.

Conclusion

Article 4 of the Omani Labour Law is a fundamental pillar for safeguarding workers’ rights and ensuring fairness in employment relations. The principle of nullity for terms that violate the law, while upholding those that are more favourable to the worker, reflects the legislature’s commitment to balancing the contractual relationship and preventing the circumvention of statutory rights. As evidenced in the case of waiving overdue wages, such an agreement is categorically void, as the right to full earned wages is a fundamental, non-derogable entitlement.

The role of legal professionals, such as Advocate Yousuf Al-Khadhuri, remains crucial in the correct interpretation and application of this Article to ensure justice and protect the rights of all parties in the Omani labour market.

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Related Legal Resource on Compensation (Advocate Yousuf Al-Khadhuri):

Compensation for Damages under Omani Law