Gulf Business Laws: Importance Of Laws To Each One Of Us In The Society (Essay Sample)

The Gulf Laws
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Introduction
The constitution of Oman guarantees rights to the employees while prohibiting any form of discrimination at the place of work. It also provides a framework for addressing all issues pertaining to employment. The sultanate law of Oman applies equally to all the employees whether citizens or foreigners. The workers can also form labor unions from where they can collectively champion their rights.
Question 1
a) Importance of laws to each one of us in the society
Laws are rules that bind people together in the community (Bolle, 2016). Nevertheless, laws help ensure the general safety of every individual is protected and ensure that rights of every person are also protected against abuses by an organization, people, and government. There are laws meant to provide general safety to every person in the country. These laws exist at both local and national level and include laws about food safety, speed limits, and traffic laws, and licensing laws for nurses and doctors. There are also laws that help protect the rights of an individual which include laws that are contained in the bill of rights that ensure basic freedom to citizens of the country and the laws that protect an individual from discrimination due to race, gender, and age among others
b) Role of laws in traditional and modern societies
Traditional societies are defined as those in which cultural behaviors are emulated from one generation to the next. Traditional laws are aimed at forming and maintaining good relationships among the related people or kin. These laws targeted the kin only and the rights of the non-kin were not recognized in the traditional societies. The law in traditional societies helped ensure order and justice among the related people or kin.
Modern societies are the societies in which the traditions have been replaced by behaviors that are copied from other people and not the ancestors (Mosley and Tello 2015). In the modern societies, laws have several uses. First, laws in the modern societies are aimed at protecting personal property. There are property laws that help determine the ownership of property which protects an individual from grabbers and robbers. Those who take others property unlawfully, face the consequences of their actions. The laws in the modern society also help in ensuring protection against violence. Laws also allow for the progression of the society as well as ensure order in society (John et al., 2016). In addition, modern society laws ensure personal safety and promote the common good of the people.
c) Sources of laws in sultanate of Oman
Sultanate of Oman is a central Islamic monarchy that is found in the Arab Gulf with its capital in Muscat. The sultanate of Oman has been governed by sultan since her independence in 1970. The first source of laws in Sultanate of Oman is the Islamic law which is derived from the Koran. Sunna, Ijma, and Qiyas are major sources of Islamic laws also called Sharia laws. Laws in the sultanate of Oman also come from the Royal Decrees and Ministerial Decisions that are printed in the Official Gazette of Sultanate of Oman which is an official government gazette in Oman. Lastly, laws in Sultanate of Oman originate from the private international laws in relation to property and financial transactions.
Question 2
a) Is Al Anood’s dismissal fair?
Al Anood was unfairly dismissed according to the sultanate labor laws of Oman. According to the Oman law, the termination of the contract of employees in the indefinite contracts should be on the reasonable and fair grounds which should be validly documented otherwise, it is deemed arbitrary. The fact that she was dismissed without a thirty-day notice as required by the law further confirms this unlawful dismissal with disregard to the law provisions (Meese and Oman 2014). Al Anood had not committed an offense that would call for an immediate dismissal according to the Oman laws. Article 25 of the sultanate of Oman laws stipulate that the employer shall not assign to the employee any work that is not part of the agreed contract unless if necessary and on a temporary basis. The only reason that allows the employer to assign the employee a different task is when the two are related. In the case of Al Anood, the two jobs were not related in any way. Moreover, she had to perform the two duties and not a single task as required by the law. Therefore, it is unfair for the employer to dismiss her without following due process and to punish her for the organization’s failure.
b) Rights of employers and employees under the Oman laws
The Oman labor law stipulated by the Royal decree number 34/73 is the major reference point in the issues of employment in the sultanate of Oman. The constitution of Oman provides laws on the employment related issues in public sector (Mosley and Tello 2015). The rights of the employers under the Oman laws include:
• The employer has the right to be heard and respected by the employees in an organization.
• Right to terminate the contract if there is a valid reason to do so a provided for by the law.
On the other hand, the rights of Al Anood include the following:
• She is entitled to compensation for unconstructive dismissal
• She has the right to work for not more than nine hours a day
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