Employer not paying/Holding Final settlement to employee!

9POSTS

8 years ago

Dear All,

I would like to share one of the situation of a friend of mine working in Oman. Recently he was terminated from his services and was asked to leave by end of this month.He is in the process of handover and clearance ,Today his manager has called him and told him that his group director has asked the company to hold his final settlement till the pending are cleared when all the pending works have been handed over to his manager. Can an employer simply hold an employees settlement and send them without paying?Can the employee fight for his right? Please advise.

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GuestPoster411 Guest

0POSTS

8 years ago

Hi km.imran,

An employee cannot be forced to exit the country without handing over the final settlement. If there is any dispute between the employee and the employer on the same, then they must refer it to the Ministry to resolve.

Any employee who faces such a situation is free to complain to the Ministry of Manpower and to the representatives of their country's respective embassies.

km.imran New member

9POSTS

8 years ago

Thanks for the reply Mr.Sumitran

The company seems to have held major part of the final settlement.the employee not getting even a month salary ,no gratuity.no leave salary and not even the notice pay as promised by the company and the hr is forcing to leave as the ticket is booked.have refused to leave and we have lodged a complain in ministry of manpower online for unfair dismissal and not payimg settlement.MoM have given a date on 19of april for investigation.now my question is will that be notified to the employer as I had got an sms and a mail from MoM about the date.Also will the company fail to respond to the date what will happen.can I also complain to indian embassy? Please advise.

Chander pal New member

5POSTS

7 years ago

Dear imran聽
聽 Did聽 you聽 get聽 the聽 clearance聽 now? I'm in the same聽 situation聽 please聽 help聽 me聽 out聽 here,聽 my聽 employer neither聽 settling聽 my dues nor聽 giving聽 me聽 ticket. I don't聽 what聽 action聽 should聽 I take聽 place聽 in聽 this聽 case. He has聽 hold my聽 settlement since聽 last聽 15 days. So聽 please聽 help聽 me聽 if聽 there聽 is聽 any聽 law聽 to聽 get聽 my聽 clearance quickly.
Thanks

km.imran New member

9POSTS

7 years ago

Hi Chandra Pal,

I did get my settlement which they held. The company HR was begging me to remove the complaint and i told them i will only cancel my complaint from ministry only when they release my settlement which they did and then i cancelled it.In your case i don't know f they have terminated you it not if they have then they need to settle your dues in 2 days Max if they don't them login to online ministry. Website and register your complain. And see how things work your way...these employers think they are big until thr ministry puts bamboo in their backside...don't worry just log a complain in ministry and am sure your dues will be settled.

All the best..be brave

1 member reacted to this post

Chander pal New member

5POSTS

7 years ago

Hi friend
聽 Thank聽 you聽 so聽 much聽 sharing聽 your聽 experience聽 and聽 explaining聽 nicely. 1 question to聽 make, how聽 soon聽 action聽 was聽 taken聽 by聽 the ministry聽 in聽 your聽 case.聽 Because聽 in my聽 case聽 company聽 is聽 delaying聽 my聽 clearance聽 since聽 last聽 2 week. My聽 contract聽 is聽 not聽 yet聽 complete, but聽 company聽 has聽 terminated my聽 services聽 due聽 to their outlet聽 which is closed now.
Thanks

km.imran New member

9POSTS

7 years ago

Once you lodge the complain online you will get a hearing date two weeks from the date of submitting your complain. The two weeks are given if the company changes their decision and gives you your settlement or they will meet you in the given hearing at the ministry.

1 member reacted to this post

Chander pal New member

5POSTS

7 years ago

hi imran
Thank you聽 so聽 much聽 to聽 helping聽 me聽 out聽 here.

Shah Faisal79 Member

1POSTS

5 years ago

Even Im also facing the same problem with my employer.. I ve handed over my work but my employer doesn't want to pay my final settlements please help me.

HelplessIndian New member

6POSTS

4 years ago

#10

Same situation with me. My visa expired. They not paying salary since last 18months and no gratuity. Can I file a complain & go back?

Anzi Niyaz Member

16POSTS

4 years ago

#11

Same situation was for me also. They didn't paid my last month salary, they didn't took ticket and Iam now in India I begged them to cancel my visa. But he didn't. Iam I able to complaint now in the ministry and manpower. My visa will get expired in December

Yezinn Active member

50POSTS

4 years ago

#12

Hi All concerned,

Employers are bound to settle all the payments pending after the termination within 7 days. If they do not, then employees should raise the matters with the Ministry of Manpower. If the matter is not resolved with the MOM, the labour court will have the jurisdiction to adjudicate the matter. Please note labour cases in Oman are generally resolved with payment of the dues to employees. Even if the company goes into liquidation, employees' salary gets paid first among other outstanding loans.

Most importantly, people who are terminated and in Oman till now, they can change their visa without NOC. Ministry of Manpower has just announced the decision last week.

Hope it helps.

1 member reacted to this post

thombarepatil Member

2POSTS

4 years ago

#13

@Yezinn

I resigned from job, as per company rule I have completed 3 month notice period. As company not get the replacement of mine during my notice place,聽 and in goodwill I spend more 4 month. Now when I am asking for Gratuity/settlement amount, company stating that there is no fund.

As they are insisting me to fly home country & once company received the fund they will transfer. But I dont have faith on them.

In this case would you please guide me

mrityunjay kumar21 Member

2POSTS

3 years ago

#14

Dear all

I would like to share, my employer hold my 5 months he is not paying salary so what I have to do? In this case, anyone can suggest me. And also he is saying I will terminate you while my contract is 2 year until June 2024,聽 if he terminate me how can I get another visa?

Imama Muhammad Member

1POSTS

3 years ago

#15

@km.imran what should if the employer has his own identity and login of any employee so how an employee can get access on manpower portal lodge his complaint???

Asif_Hassan Oman Advisor

258POSTS

3 years ago

#16

Dear @Imama,

It is easy to launch a complaint against an employer through the following methods,

1) E-service Portal - Manpower Website-聽聽

2) Call Center-Call 800 77 000

3) Sanad Offices- Everywhere you can find Sanad offices.

Hope it helps.

Regards,

Asif

1 member reacted to this post

kisrail2266 Member

1POSTS

2 years ago

#17

Sir my name is mohammad israeel my settlement is not clear visa and air ticket charg kating my settlement I work for 20 month my company name is Towell engeineering group please help me sir