Legal Framework Recommendations
These recommendations aim at closing the gaps in the legal framework and address incompatible laws and normalised practices that facilitate the prevalence of human trafficking and/or forced labour.
Decriminalise “absconding”, and reform laws accordingly so workers can leave abusive employment conditions and situations of forced labour without a penalty
The fear for domestic workers of having “absconding” charges filed against them and being arrested and deported keeps domestic workers in exploitative situations such as forced labour. In addition, “absconding” charges filed against domestic workers prevent the Government from effectively identifying victims of human trafficking, addressing forced labour and other forms of exploitation, and from holding accountable those responsible. We recommend:
- Completely decriminalising “absconding” with no interim steps. Decriminalising “absconding” charges is a fundamental step for addressing forced labour and other forms of abuse and exploitation directly. However, for this step to be effective, it must be done in tandem with the following recommendations:
Prohibit the request, facilitation and receipt of “release money” to prevent forced labour and abusive working and living conditions
The state-sanctioned practice of requesting “release money” allows recruitment offices and employers to avoid any financial loss whether or not domestic workers have been subjected to exploitative practices, abusive living conditions, or wage theft. Acceptance of this practice allows situations of forced labour and other forms of exploitation to continue and thrive. We recommend:
- Drafting and approving a regulation that clearly prohibits the request, facilitation and receipt of “release money” by both employers and recruitment offices. Clearly prohibit employers and recruitment offices from asking domestic workers, their families or friends, to pay “release money” in exchange for allowing the worker to return home or change employment and must include the penalties related to requesting, facilitating and receiving “release money”. This regulation must be published on government sites, be available and accessible, and awareness of it must be promoted through government messaging or campaigns.
- Clearly defining and raising awareness of the penalties for those requesting, receiving, and/or facilitating “release money”. Note: It is important that the actual paying of “release money” itself is not criminalised, only the requesting, facilitating, and receiving of “release money”, as this could lead to criminalising workers who were in exploitative conditions.
- Prohibiting employers and recruitment offices from asking or forcing domestic workers to work without pay or to pay their way out of their employment relationship. Forcing a domestic worker to work her way out of the working relationship is an element that can constitute forced labour or debt bondage.
Implementing this recommendation together with the recommendation on strengthening regulations of, and for recruitment offices. This recommendation will be more effective if it is implemented together with the efforts to decrease recruitment costs (see Strengthen regulations around recruitment offices).
Ensure legal protection and better working and living conditions for domestic workers through a comprehensive domestic workers’ law and work contract
Efforts made to protect domestic workers are currently not sufficient. We recommend drafting a new comprehensive domestic workers’ law and work contract, or revising Ministerial Decree 189/2004 and the domestic work contract, replacing all unconscionable clauses and addressing the current gaps to ensure protection and better working and living conditions. In particular:
- Allow domestic workers to terminate a working contract without employers’ consent. This process must allow the domestic worker to:
- Terminate their employment contract at any time and without having to provide a reason. The termination has to be done with due notice and it can be in verbal or written form
- Leave and terminate a contract immediately if abuse is present. All allegations of abuse must be investigated by the relevant authorities with cooperation from the domestic worker and employer. If abuse is found, the employer must be held accountable, must pay lost and/or unpaid wages, and cover the domestic workers’ return ticket if she wishes to return home
- Have access to a grievance mechanism to file a complaint for unpaid wages before or after leaving the employer as well if the worker decides to stay with the employer. The employer must present proof showing that the worker has received all of her dues, otherwise, the Government must compel the employer to pay owed salaries immediately. If the employer refuses to pay the due, the Government of Oman must assume responsibility for an alternative remedy, which should include her lost wages and return ticket costs if she wishes to return home. Domestic workers should not be required to stay in the country while waiting for a resolution to their grievance and provisions should be made for them to receive wages due, even if they have returned home.
- Have a grace period to find another employer or return home without losing her valid immigration status upon termination of employment
- Return home without any legal charges filed against the domestic worker, immigration fines or detention.
- Allow domestic workers to change employers without the consent of their current employer. This will protect domestic workers by enabling them to leave abusive employment relationships and prevent forced labour. In addition, it will create a healthier domestic work sector as employers will have to provide decent working and living conditions, understanding that their domestic workers will leave if these are not respected. For this to work, a system must be set up in which the visa can be transferred to a new employer without the current employers’ consent, and employers seeking to hire domestic workers can legally hire them directly, without relying on recruiting offices. Not allowing an employee to change employers essentially requires her to stay with an employer, which supports the prevalence of forced labour.
- Make it mandatory for employers to provide health insurance when employing a domestic worker. All employers must provide valid health insurance for all domestic workers they are employing. Employers must provide domestic workers with health insurance from the beginning of their contract and this must be processed at the same time as the worker’s residence visa. No domestic worker should be allowed to work without proper health insurance.
- Include key provisions aligned with best practices for better working and living conditions. Domestic workers’ laws and contracts must contain clear information relevant to working conditions, including a minimum wage for all domestic workers, maximum working hours within 24 hours, minimum daily rest periods, a mandatory weekly day off, allowance for the worker to leave the house when she is not on duty, overtime compensation, list of work duties including those that are not part of her duties (e.g. work for extended members of the sponsor’s family, take care of farm animals, massages, any tasks that can lead to an accident such as climbing tall ladders) and living conditions (e.g., all domestic workers must be provided with internet access, a private room and sufficient fresh food and drinks).
- Provide a 90 day probation period where a domestic worker can return to her office within 90 days of commencing work if she wishes to change employers. The domestic worker should have the same right as the employer to a probation period and be allowed to return to the recruitment office, without having to state her reasons.
- Make signatures from both the employer and worker compulsory for all domestic workers’ contracts to be enforceable. The process of signing must take place in front of an authorised official with both the employer and domestic worker present. During this process the relevant official must ensure that the domestic worker is signing the contract in a language that she understands, and that she verbally acknowledges that she understands the contract and the working conditions. The relevant authority must ensure the domestic workers’ understanding and sign the contract to verify this process. A copy of this contract must be immediately provided to both parties.
- Make it mandatory for both employers and domestic workers to keep a daily record of working hours and a record of monthly salary payments to be signed by both parties. The working hours record should be available to both parties and must be presented in the event of any dispute, and during the labour visits (see Monitoring). The starting and finish time must be recorded with both signatures. The monthly payments must also be signed and include the total payment received. To avoid falsifying these records, the signature must be identical to the passport’s signature and if the hours or salary are different then what is being signed the domestic worker must have access to the grievance mechanism to raise this issue.
Ensure protection for domestic workers against forced labour and other forms of labour exploitation by extending the Labour Law to include domestic work
The inclusion of domestic workers under the labour law will provide the basic protection needed, equal to all other workers, against forced labour and other forms of exploitation. It would address and limit the weekly maximum working hours, and minimum daily rest, paid annual leave, and wage. It would provide conditions that are not less favourable than those applicable to other workers. In addition, including domestic workers under the labour law would improve overall attitudes to and perceptions of domestic workers and their role in the country.
However, there are still gaps within the labour law that prevent certain issues specifically affecting domestic workers from being addressed. Therefore, while we believe that a comprehensive domestic worker law would address more of the specific issues affecting domestic workers, domestic workers must still be considered workers and be covered by the labour law. Covering domestic workers by the labour law would be a positive step towards offering protection from exploitative working and living conditions to a sector that is currently excluded from such protections.
Strengthen the implementation of existing anti-human trafficking laws and protocols to address human trafficking
Oman has continuously striven to improve efforts to combat human trafficking, particularly through the passage of the anti-human trafficking law. However, we believe that there are measures that require further attention and strengthening to effectively prevent and address human trafficking. In particular, we recommend strengthening measures to prevent and respond to trafficking in accordance with the UN Trafficking Protocol (accessed in 2005) including measures to:
- Effectively identify victims of human trafficking;
- Provide accessible and immediate protection and support to potential victims of human trafficking;
- Provide legal assistance, including temporary residency to victims of human trafficking, when needed, and;
- Ensure that potential victims of human trafficking are not criminalised due to their immigration status or “absconding” charges.
In addition to strengthening laws and regulations in accordance with the UN Trafficking Protocol, we also recommend the implementation and enforcement of the Anti-Trafficking Law to ensure that all victims are protected. We recommend that the relevant authorities:
- Strengthen investigations and prosecutions of those responsible for human trafficking, including labour trafficking;
- Strengthen research into the root causes of human trafficking and labour exploitation of domestic workers in Oman in order to more effectively address the root problems.
Strengthen regulation and enforcement measures of recruitment offices to address recruitment-related abuses
Even though the initial recruitment of domestic workers happens in Sierra Leone, Oman has a responsibility to provide adequate protection for and prevent abuses of migrant workers in its territory by recruitment offices. To strengthen regulation of recruitment offices we recommend:
- Imposing strict regulations for recruitment offices to receive or extend their operating licences. To obtain or extend a license to operate as a recruiting office, it should be mandatory to have in place a human rights-focused due diligence system for their recruitment activities. This, for example, includes a human rights policy that protects domestic workers from any abuse. Along with this policy, the relevant steps for its implementation must also be documented.
- Introducing new regulations by which the recruitment offices must ensure that domestic workers have not paid recruitment fees in the origin country. Strict regulations must be in place whereby the recruitment office in Oman is responsible for working only with licensed and ethical recruitment agencies from sending countries. If recruitment agencies from sending countries are found charging recruitment fees, the recruitment office in Oman should be responsible for providing remedy for the workers by returning the fees paid and changing working partners. The recruitment office in Oman should be held accountable for facilitating human trafficking, forced labour or debt bondage if they knowingly fail to remedy the worker and/or change partners. To prevent recruitment fees in the origin country, recruiting offices in Oman must strictly vet recruitment agencies in the origin country to ensure that domestic workers working in Oman are recruited ethically.
- Requiring recruiting offices to ensure that domestic workers are not deceived concerning their working and living conditions, wages, or destination country. Recruiting offices in Oman must take the necessary steps to ensure that the working and living conditions that domestic workers are recruited for in Oman are the same as those being promised in their origin country. Otherwise, the recruiting office in Oman is responsible for providing a return flight ticket to the origin country. If the recruitment office is found to place the domestic worker with an employer even after deception is reported by the worker, the recruitment office must be held accountable as this practice promotes human trafficking and forced labour. To prevent deception in the origin country, recruiting offices in Oman must strictly vet recruitment agencies in the origin country to ensure that domestic workers working in Oman are recruited ethically.
- Ensuring that recruitment offices are covering the cost to repatriate workers who fail the government medical tests. As it is required by Ministerial Order No. 189 of 2004 and the domestic work contract recruitment offices are responsible for the return flight ticket of domestic workers who have failed the medical test. It must also be ensured that the flight ticket fees are not demanded from workers or their families. Accountability must be upheld if the recruitment office is found to be doing so.
- Introducing regulations around the recruitment fees charged to employers to employ domestic workers. Fees paid by employers to recruitment offices must be regulated. These regulations should support a healthy business sector and fees must be transparent for those who seek those services.
- Considering a grading scheme for recruitment offices to encourage better practices. A grading scheme can be based on the number of complaints received from both workers and employers against recruitment offices. If this information is available to the public it may incentivise better practices. (Must be implemented in tandem with creating a grievance mechanism, see Recommendation 2.1.)
Ensure clear regulations are in place that prohibit employers from confiscating or withholding any personal documents to address the widespread practice of confiscating domestic workers’ passports
It has been observed that different reports and articles mention a circular that prohibits the confiscation and withholding of workers’ passports, including those of domestic workers. However, this circular is not publicly available and thus it is not clear whether it is actually prohibited. Nevertheless, it is important to monitor and enforce the prohibition of confiscating and withholding workers’ passports as it is a common practice. We recommend:
- Prohibiting and criminalising the confiscation and withholding of a domestic worker’s documents. A regulation must be in place to prohibit the confiscation and/or withholding of domestic workers. This regulation should also state the penalties when and if an employer or recruitment office is found to have confiscated and/or is withholding a domestic worker’s documents. This regulation must be monitored and strictly enforced.
It is important to make sure that this prohibition is clear and communicated to recruitment offices and society through awareness raising campaigns. In addition, continuous monitoring must be in place, holding accountable those responsible for confiscating domestic workers’ passports and contributing (knowingly or otherwise) to human trafficking and forced labour.
Criminalise all forms of violence in the workplace, including the domestic work sector, to address all forms of violence and harassment
In Oman there are no laws that specifically protect domestic workers from workplace violence or harassment. We recommend:
Developing legislation to criminalise all forms of workplace violence and harassment that include the domestic work sector and that applies to both recruiting offices and homes, the place of employment.