The newly enacted Labour Law (promulgated by Royal Decree 53/2023) in Oman introduces provisions that regulate the procedure for conducting workplace investigations. These provisions cover a range of aspects, from the process an employer should follow when accusing an employee of a violation, the timeline for such accusations, the parties responsible for conducting the investigation, the rights of the employee during the investigation, to the potential disciplinary actions the employee may face.

Article 64 of the Labour Law stipulates that an employer must notify an employee of their alleged offence within 30 days from the date the employer has sufficient evidence that a violation has occurred. Notably, this 30-day period begins not when the offence is discovered, but when the employer has adequate evidence linking the violation to the employee.

When accusing an employee of a violation, Article 63 mandates an employer to provide written notice detailing the nature of the accusation and to ensure a thorough investigation. This investigation should include obtaining the employee's testimony and defence, and maintaining a record of such investigation. This requirement represents a significant shift from the previous labour law, which did not address conducting an investigation at this level.

Given the requirement to conduct an investigation, the Labour Law allows an employer to carry out an in-house investigation. If this path is chosen, Article 66 specifies that the employee leading the investigation should not be at a lower "job level" than the employee under investigation. The Labour Law does not provide further guidance on the definition of "job level". It will be interesting to observe how Omani courts interpret this provision. Until then, employers are expected to make their own assessments based on their organisational hierarchy. The Labour Law also allows an employer to appoint an independent external consultant to conduct the investigation if the alleged violation is considered severe.

Regardless of the investigation's nature, the new Labour Law entitles an employee under investigation to be kept informed about the investigation progress and receive copies of related documents.

These are just a few of the practical considerations for employers in Oman under the new Labour Law. If an employer takes disciplinary action against an employee without adhering to these statutory requirements, then the employee will have grounds to challenge the validity of such action.

Employers with 25 or more employees must adopt a written policy that aligns with the law and governs disciplinary actions. This policy must be endorsed by the Omani Ministry of Labour in order for it to be enforceable. We strongly recommend employers establish their own disciplinary policies, as failure to do so may result in fines being imposed by the Ministry of Labour.

For any specific questions or advice, please contact Jamie Gibson, Dali Al Habboub or Fatima Al-Sabahi.