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Oman – Two-year visa ban impacting skilled recruitment

22 October 2014

The Omani government has stated unequivocally that there will be no change to the two-year visa ban on expatriate workers leaving jobs before the end of their contracts with no objection certificate (NOC), reports the Times of Oman

The announcement follows reports  that the government was lifting the ban small and medium-sized companies hiring expat workers.

Under current legislation, expat employees looking to change jobs before the end of their current contract must obtain an NOC from their current employer, confirming that the employer does not object to them working at another company. Expat employees who leave their jobs before the end of their contract without an NOC cannot legally work in Oman for two years.

Tonia Gray, General Manager of HR firm Competence HR, commented: “Besides the uncertainty over what the regulation actually means, the new legislation is causing significant difficulties. We have already had several candidates withdrawing from offers of employment as they do not want the uncertainty and the possibility of having to leave Oman at the end of their two-year contract and not be allowed to return for two years.”

"If an employee is completely tied to a company for the period, his skill and experience are lost to Oman and need to be replaced with a completely new person who will take time to settle and whose skills and abilities are unknown. This doesn't make good business sense for Oman and further limits the personal freedom of the individual, which doesn't sit well with me," she added.

Anvwar Al Balushi, Chairman of Anvwar Asian Investment Group, stated: "The government is aiming to promote Omanisation through this move. That is good, but at the same time the government should also consider all the risk factors we companies face. When a skilled and experienced employee is banned from entering Oman because he does not have an NOC or has breached the contract with an earlier employer, the loss is ours.”

"It takes time and money to train a fresher and get him acquainted with the local market. It will be the company's loss," Mr al Balushi said, adding that the Omani workers should be groomed to replace the expatriate worker.

The owner of an unnamed recruitment firm in Oman said that the controls on employees are good but that the law should protect the interests of both parties: "Sometimes, an employee may not be able to work with the present employer, and may have to leave. However, because of the ban he cannot do so. So, he has to either suffer and continue or leave and face the ban. A balanced approach should be adopted.”

Dr Ayoob CP, Department Head of International Business Administration in Nizwa College of Applied Sciences, commented: "Human resource should be allowed to move freely from firm to firm. Employees look to switch companies only when they are not well paid or not satisfied with their job. Now, because of the new rule, companies have to spend more on hiring employees, and there will be a time lag in the recruitment and placement process.”