Oman workers' union: Six months' improvement period required before termination for underperformance

The General Federation of Oman Workers (GFOW) has issued guidance emphasizing workers' rights and employers' obligations when an employee's performance falls short of expectations. The federation stressed that underperformance alone is insufficient grounds for termination, and employees must be afforded a fair process.

According to GFOW, any employee receiving a warning about performance must be provided with a detailed explanation of the identified deficiencies. Crucially, the employer must grant the worker an appropriate period to rectify these issues. The federation advises employees to secure copies of warnings, ensure reasons for alleged incompetence are clearly specified, and retain all relevant documentation, including performance evaluations and correspondence.

The guidance mandates that employees utilize the granted improvement period to address shortcomings and document their efforts. If an employer decides to terminate employment based on underperformance, workers have the right to verify that the decision adheres to legal requirements. They can file a complaint with the competent authority within 30 days if they believe the termination violates the law or established procedures.

Oman's Labour Law stipulates that employers cannot terminate an employee solely for lack of competence. Clear notification of shortcomings and a minimum six-month improvement period are mandatory. Furthermore, employers must inform the Ministry of Labour of their intent to terminate an employee on these grounds at least three months before the termination date. The GFOW's guidance aims to enhance worker awareness of these legal protections and ensure adherence to proper procedures.