Kafala & Employer Transfer in Oman

Oman retains a kafala-style sponsorship framework: each non-Omani worker's residency and work permit are tied to a specific employer. However, Oman is not a pure kafala regime — several important reforms have softened it, and Royal Decree 53/2023 adds distinctive worker-protective provisions that make its system more worker-friendly than Kuwait's in some ways and more restrictive than Saudi Arabia's post-October 2025 in others.

The 2016 NOC abolition removed the requirement that workers obtain a "No Objection Certificate" from their employer to change jobs after completing their contract. Workers who finish their contract can transfer without employer consent. Mid-contract workers still require either employer approval or documentation of a material contract breach to transfer without completing their term.

Work-permit mechanics under RD 53/2023:

• A foreign worker requires a work permit from the Ministry of Labour before starting employment; the employer obtains the permit.
• Permits are issued only where no qualified Omani is available for the role and the employer is Omanisation-compliant.
• Employers must register all expat employees and cannot change a worker's job role without Ministry of Labour approval.

Temporary transfer — MD 729/2024 (December 2024): non-Omani workers may now be temporarily transferred between private-sector establishments. Conditions: (1) the transferred role must not be a nationalised (Omanised) profession; (2) the job must be compatible with the worker's qualifications and existing work permit; (3) the worker's written consent is required. This is a meaningful softening for project-based work.

Passport confiscation is prohibited under RD 53/2023 and reinforced by Ministerial Decision No. 574/2025 for domestic workers. No employer may confiscate a worker's passport or personal documents without written consent.

Employer end-of-contract duties: the employer must provide a return ticket to the worker's home country within 60 days of contract end if the worker is not transferring to a new employer.

Distinctive right to remain during judicial proceedings: RD 53/2023 expressly provides that a non-Omani worker has the right to remain in Oman pending judicial resolution of a wage or rights claim — without the employer bearing financial liability for the period. This is rare in the Gulf and is the single most important tool for workers caught in a dispute. A forced early exit — common in other GCC states — is legally blocked here if a claim is filed.

Absconding remains a criminal offence. Workers who leave employment without authorisation can be arrested, deported, and banned from re-entry; employers file absconding reports through the Ministry of Labour system. Omanisation continues to constrain employer conduct: RD 53/2023 declares employment a right of Omanis; employers with 25 or more employees must employ Omani nationals under a plan approved by the Ministry of Labour.

Worked example — Ravi, IT worker in Muscat: on a 2-year contract, 1 year in, mistreated by his employer. He wants to change jobs. Because he has not completed the contract, he needs either employer consent or documentation of a material breach. Ravi files a formal labour complaint citing mistreatment; under RD 53/2023 he remains in Oman legally while the case is pending — not at risk of forced deportation. If the Ministry finds a material breach, he transfers without consent; if not, he serves out the remaining contract and transfers freely under the 2016 post-contract rule.