The Legal of public service contracts in the Sultanate of Oman And the position of the administrative judiciary regarding it

Abstract

Contracts for public job occupancy in the Sultanate of Oman vary between contracts for permanent jobs listed in the approved job schedules in accordance with the job classification and arrangement system, which are occupied by both Omanis and non-Omanis, and other contracts for temporary jobs in accordance with the requirements and conditions of work in each unit, which are also occupied by Omanis and foreigners together. However, these contracts vary. All contracts agree that they are administrative contracts, regardless of whether or not they contain exceptional conditions that are uncommon in private law contracts, and regardless of the permanent or continuity of the job, whether the contract relates to a permanent or temporary job. Although these contracts differ in their legal nature (regulatory - contractual) according to the type of each of these contracts and the provisions contained in its clauses, then this nature is regulatory or mixed in contracts for occupying permanent positions, while this nature is contractual in temporary contracts, and thus, the terms of the permanent job contract are difficult to amend through the competent unit, so this contract may not be amended by deletion or addition except by a decision from the Ministry of Labor, unlike the terms of the temporary contract, which allows the administration to deviate from its provisions whenever this is consistent with the public interest.

Although the Omani administrative judiciary differs regarding the legal nature of the administrative decision resulting from public job contracts, the researcher confirms that most of the decisions issued by the administration regarding public job contracts are considered administrative decisions separate from the employment contract.