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Transfer Iqama while GOSI contract not accepted

Last activity 07 July 2023 by Raj kumar Thapa Magar

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Waqar khan zia

Hello Guys,

Since last week, i am looking for some information under saudi labur law for subject as "i have received my GOSI contract and i reject it because offer is not attractive anymore. My company stopped my pay since month of september. They force me and apply condition that you will not get pay until you accept contract on GOSI. I sent them email to solve this issue but they dont reply my any email. They just said on phone call that you have to accept GOSI contract to get monthly salary. Now i have few batter opportunities to transfer my iqama in other company.my questions are:
1- Is my old contract hard copy is expired automatically by Government after GOSI platform or not yet?
2- Can i transfer to new company without my current company permission ?
3- what are labour laws stated about this situation  ?
4-what actions my company can take against me if i am not accepting GOSI contract.
5- how can i transfer my iqama without my kafeel permission under labour law.
In additional my iqama will expire Feb-2022.   

It will highly appreciated to respond my question with authentic information under new labour laws.

Thanks in advance everyone for responding my questions from your hard time.

arnoldmasiga

Waiting on replies,my company approved without my consent I have proof of this,

Arsal7

Your real contract is the hard copy.
Gosi is just a Xerox copy.
No, you can't get transfer without getting the approval from the current employer.
There is no law from the government to push the companies for salary increment.
Don't be foolish.
Gosi is just nothing.
It is just a helping digital platform for the companies.
Ask your company about salary increment and do this in a very polite way through talking.
If anything goes wrong they can issue a final exit for you.

Kaby

You cannot reject the offer letter send by your organization through GOSI as you are not finding it attractive anymore. You can reject with comments if the offer received from GOSI deviates from the offer which you signed while joining the organization.
If you want to switch the job and move to another attractive offer then you must end your contract on date mentioned in (contract end date is mentioned in GOSI offer letter) or (Check your Joining Date) before the notice period mentioned in you contract.

1-    Your old contract which you signed as a hard copy will remain as it is, it is just getting transferred to electronic form.
2-    You can take transfer to another company through QIWA portal without your companies information only when you have 3 month’s salary pending or 3 days after your iqama get expired.

Arsal7

And one more thing.
The company will not send pay unless you accept the gosi contract.
Because they have to clear themselves on new Mudad system as well.
And for that, they need Gosi contracts in place.

Waqar khan zia

Pleas can you give me reference all your given information. This is reason i am confused on it, some peoples said that old contract is dismissed since GOSI contracts are applied but they don't have reference as well. Actually ,what's happened ,they put mostly fake and incorrect  clause in contract.
My company never issue final exit, they asked to leave on vacations then come back or not. Also they never pays End of service benefits. If we demand them their simple reply we can not!

Any suggestion in above matter please!

Arsal7
Waqar khan zia wrote:

Pleas can you give me reference all your given information. This is reason i am confused on it, some peoples said that old contract is dismissed since GOSI contracts are applied but they don't have reference as well. Actually ,what's happened ,they put mostly fake and incorrect  clause in contract.
My company never issue final exit, they asked to leave on vacations then come back or not. Also they never pays End of service benefits. If we demand them their simple reply we can not!

Any suggestion in above matter please!


End of service benefits are must but if they are mentioned in a contract.
If they are mentioned in the contract then you can put a case against the company but remember, you will not be able to leave KSA unless the case is solved.
.
And you can call Gosi about the other matter.
They will tell you everything.
I am telling you the truth.
Every important document in this world needs your SIGNATURE on it.
So, which contract has your signature?
That contract is the real deal on which you have put your signature.

mukkaram1989

Hello Waqar,

If your company is following WPS for Payroll, as per law, if they don't pay you for three months, you are eligible to file a case against them and get transfer under legal way.

Now your situation here is a bit confusing, they are putting a new kind of contract other than what they agreed with you previously and signed it?????

Make it a bit clear please, because if the case is that they are reducing your pay or any other clause which is in contradiction to your previously signed and stamped contract, then you have an open case against them to the courts. they will never win that case no matter what.

Don't be afraid of legal system, its extremely just and they always always always tend to favour employees than employers.

If your documentation is complete and you have legal proofs that they are trying to be discriminatory towards you by not paying or trying to reduce your pay (no matter even on papers) you can go to ministry of human resource website and file a case against them.

Bravo Hyder

what if we accepted the online gosi contract and right now company is in red category shall we transfer sponsorship without interfere from the current employer?

Arsal7
Bravo Hyder wrote:

what if we accepted the online gosi contract and right now company is in red category shall we transfer sponsorship without interfere from the current employer?


Yes, you can.

skhwaja

Dear Waqas,

Your case is just similar to my situation. My company also wants me to sign at GOSI, I am working last 10 years but they did not mention my joining date even this contract start last six months mean I can not claim for 10 years EOSB. I am asking if you want me to sign please pay my 10 EOSB and go ahead with a new contract, but they do not agree. Please remember one thing do not miss behave or write any offensive words or letters that can make the issue for your fire or evidence in LC. Please study the Ministry of  Labour website for more knowledge.

niros umar

Hi
My Gosi Contract on Expired coming December 19 i have good offer other company
so its possible to transfer ?

saqayyum2000
niros umar wrote:

Hi
My Gosi Contract on Expired coming December 19 i have good offer other company
so its possible to transfer ?


any transfer is possible if your HR is willing to give you transfer, if HR is not agreed then trust me even if you are right you will not be able to get transfer that easily.
so always keep in touch with HR and keeps good relations with them. and remember HR never creates any problem for any one, they have to follow the rules and LAWs else they will get in trouble.

Ok now in your case GOSI contract doesn't mean anything ... follow the documented contract which you signed. and follow company policy for resignation process.

Arsal7
niros umar wrote:

Hi
My Gosi Contract on Expired coming December 19 i have good offer other company
so its possible to transfer ?


Gosi is just a digital copy of your contract for salary process.
Gosi is nothing compared to your original signed contract.
If your company is willing to give you the transfer then you are good to go.
Ask your company about it before doing anything.

niros umar

My Normal contract also same day Expired and i came on here other company visa
my previous company salary pending and iqama not make so i transfer here

i asked him to after my contract need to move other company but there make blackmailing's to do Exit

so please give some advice

Arsal7
niros umar wrote:

My Normal contract also same day Expired and i came on here other company visa
my previous company salary pending and iqama not make so i transfer here

i asked him to after my contract need to move other company but there make blackmailing's to do Exit

so please give some advice


It doesn't matter how you get here or how you get to this company.
You need permission from the company.
Otherwise, they can do whatever they want.
Talk to them politely and make things work.
If your company's Nitaqat Status is in red you can get the transfer without the permission.
If you didn't receive your salary for 3 months straight, you can leave them.
Or
If your iqama is expired, you can get the transfer.
.
Aside from these three options, there is no other way around.

Raj kumar Thapa Magar

@Kaby my iqama already expired on May 03 2023, also i didn't getting salary by bank account.

Current employer giving me cash on hand from 6 month before. Now I am transferring iqama with another sponsor by qiwa portal but my gosi contract going to expire on October 01 2023 which is after 3 months.

So current employer can issue for me ? If I go with new employer ?

Please could you suggest me ?

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