Employees must be given six months to improve performance before termination :GFOW

Muscat: The General Federation of Oman Workers (GFOW) has highlighted workers’ rights and employers’ obligations in cases where an employee fails to reach the required level of performance, stressing that underperformance alone is not sufficient grounds for termination.

According to the federation, an employee who receives a warning from an employer stating that their performance has not reached the required level must be given a clear explanation of the shortcomings identified in the assessment. The employer must also provide the employee with an appropriate period to improve their performance.

The federation advised workers to obtain a copy of the warning and ensure that the reasons cited for the alleged lack of competence are clearly specified. Workers should also retain all documents related to performance evaluations, employment-related correspondence and other relevant records.

The guidance further states that employees should make use of the improvement period granted to them to address the identified shortcomings and develop their performance, while documenting the steps taken toward improvement.

If an employer proceeds with termination on the grounds of underperformance, workers are advised to verify that the termination decision complies with the applicable legal requirements. If they believe the decision violates the law or established procedures, they should submit a complaint to the competent authority within 30 days from the date they are notified of the termination decision.

The federation also highlighted provisions under Oman’s Labour Law governing such cases. It said that an employer cannot simply cite lack of competence; the employee must be clearly notified of the shortcomings and given an appropriate period of no less than six months to enable them to reach the required level of performance.

The employer must also notify the Ministry of Labour of the intention to terminate the employee on these grounds three months before the termination date.

The federation’s guidance aims to raise workers’ awareness of their legal rights and ensure that performance-related termination procedures are carried out in accordance with Oman’s Labour Law.