Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Articles 1(1) and 2(1) of the Convention. Vulnerability of migrant workers to conditions of forced labour. In its previous comments, the Committee noted that, under section 2 of the Labour Code (Sultani Decree No. 35/2003) domestic workers are excluded from its scope, and that Ministerial Order No. 1 of 2011, relating to the recruitment of non-Omani workers by private employment agencies, as well as the model contract for recruiting migrant domestic workers had been adopted. Regarding the right of domestic workers to terminate employment, the Committee also noted that according to section 3 of the model contract, either party can terminate the two-year contract after notifying the other party in writing 30 days before the date of the termination of the contract. In case of any abuse or a violation of the provisions of the contract by the employer, the domestic worker may terminate the contract without observing the notification period (sections 7 and 8). However, the domestic worker cannot work for another person before completing the procedure of changing to another employer provided for by the regulations in force (section 6(e)). The Committee requested the Government to provide information on the procedures regarding the termination of employment and the changing of employers.

The Committee notes the Government’s indication that the procedures for termination of employment in the case of a contract between an employer and a domestic worker are similar to the ones between any employer and employee working in an undertaking. If the procedures specified in the contract are not observed, the aggrieved party may lodge a complaint to the Labour Dispute Department, which in turn seeks to resolve the dispute amicably. The dispute may also be referred to the competent court, if no agreement has been reached in this respect. Regarding the transfer of a worker’s services to another employer, both parties to the contract are entitled to lodge a complaint to the Labour Dispute Department in case of any damage, and the dispute may also be referred to the competent court.

The Committee also notes that in its concluding observations of 21 October 2011, the Committee on the Elimination of Discrimination against Women expressed concern about the sponsorship system which makes women migrant workers vulnerable to mistreatment and abuse by their employers, as well as the lack of awareness among women migrant workers of their rights and the lack of access to justice and legal redress (CEDAW/C/OMN/CO/1, paragraph 42).

In this regard, the Committee recalls the importance of taking effective action to ensure that the system of employment of migrant domestic workers (sponsorship system) does not place the workers concerned in a situation of increased vulnerability, particularly when they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty, and physical and sexual abuses. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore urges the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour. In this regard, the Committee requests the Government to indicate the measures taken to facilitate the transfer of a migrant domestic worker’s services to a new employer, so that these workers can freely terminate their employment and so they do not fall into situations that could amount to forced labour. It also requests the Government to indicate the length of the procedure for changing an employer in such cases and to supply copies of relevant records from the Labour Dispute Department or the competent courts in this regard.

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