Decision No. (77) (2008) with regard to the obligations of the employer in situations where a foreign employee abandons work in violation to the conditions of the work visa
Source: Ministry of Labour
The Minister of Labour, the Chairman of the Board of Directors of Labour Market Regulatory Authority,
After perusal of Act No (19) (2006) with Regard to Labour Market Regulations, and in particular Article (4) thereof,
And Decree No (75) (2006) with Regard to the Formation of the Board of Directors of Labour Market Regulatory Authority,
And after consultation with the public and the relevant agencies,
And after obtaining the consent of the Board of Directors of Labour Market Regulatory Authority,
And upon the presentation of the Chief Executive Officer of Labour Market Regulatory Authority,
Decided as follows:
Article (1)
If the foreign employee abandons work in violation to the conditions of the work permit, the employer shall notify the Labour Regulatory Authority and fill the prescribed form. The notification shall include all the data and information together with all the documents specified in the prescribed form.
Article (2)
The work visa issued for a foreign employee shall be cancelled after verification of all documents, data and information presented by the employer and after ascertainment - by all means as the Labour Market Regulatory Authority deems fit - that the worker had abandoned work with his employer in violation to the conditions of the work visa.
The cancellation of the work visa in accordance with the provisions of this decision shall be issued within a period not exceeding thirty days as from the date of the notification of the Labour Market Regulatory Authority referred to in the previous article.
Article (3)
Without prejudice to Article (27) (B) of Act No (19) (2006) With Regard to Labour Market Regulations, the cancellation of the work visa in accordance with the provisions of this decision, shall not revoke the obligations of the employer - authorized to employ the foreign employee – to incur the expenses of the transport of the employee to the location specified in the employment contract or the location to which the employee belongs by his nationality, as the case may be.
Article (4)
The Chief Executive Officer of the Labour Market Regulatory Authority shall implement this decision, which shall come in force as from the second day subsequent to the date of publication in the gazette.
Dr. Majeed Bin Muhsin Al Alawi
Minister of Labour
Chairman of Labour Market Regulatory Authority
Issued on: 13 Jumada Al Aula 1429 Hijri - 18 May 2008
Last Update: Sunday 18 May 2008
