Gosi or signed Contract

Mfazd wrote:

which contract is valid, GOSI contract approved online or a Contract signed when joining the company. The reason is I want to join a competitor company on a  new visa and as per my Contract signed when joining the company have a competitor clause as per Article No. 83 of the Saudi Labor
But in GOSI contract do not have a competitor clause as per Article No. 83 of the Saudi Labor.
So which is a valid contract i should follow

Gosi is nothing compared to original contract.
Signed papers are always on top.

Thanks of the reply.

So may i know which related law in KSA imposed to show that the Paper contract is on top of the GOSI contract.

Also if the Paper contract is on top in this case, if I join the competitor company will i get a ban if the old company files a case in labor court.

Mfazd wrote:

Thanks of the reply.

So may i know which related law in KSA imposed to show that the Paper contract is on top of the GOSI contract.

Also if the Paper contract is on top in this case, if I join the competitor company will i get a ban if the old company files a case in labor court.

Mfazd wrote:

Thanks of the reply.

So may i know which related law in KSA imposed to show that the Paper contract is on top of the GOSI contract.

Also if the Paper contract is on top in this case, if I join the competitor company will i get a ban if the old company files a case in labor court.

Yes, you will be banned.
Gosi is for online services and salary system. Gosi is not a contract system at all.
That written contract is your true and authentic contract and it will always be.

https://www.linkedin.com/pulse/qiwa-mud … ih-sandhu/
The Link above has mentioned details that The contract authentication process by the employer is done through the Mudad platform. While accepting or rejecting the contract by the employee is done by entering 'Tameenati' portal. Once the contract is accepted or rejected by the employee in the 'Tameenati Portal / GOSI app' , Mudad updates the contract's status in the Compliance System.

So Still if you can provide details from KSA labor law stating that That written contract is still valid, it would be most helpful.

Once again thanks for the replay

Mfazd wrote:

https://www.linkedin.com/pulse/qiwa-mudad-new-platforms-saudi-labor-market-fasih-sandhu/
The Link above has mentioned details that The contract authentication process by the employer is done through the Mudad platform. While accepting or rejecting the contract by the employee is done by entering 'Tameenati' portal. Once the contract is accepted or rejected by the employee in the 'Tameenati Portal / GOSI app' , Mudad updates the contract's status in the Compliance System.

So Still if you can provide details from KSA labor law stating that That written contract is still valid, it would be most helpful.

Once again thanks for the replay

Go ahead.  Join the new company and you will get the answer.
I used to run a small establishment for a year almost.
And i know what are these things.
You don't believe my replies, it is not my problem.
You have signed something?
You can't get rid of that paper unless terminated or altered.

Thanks, and it's not that i don't believe your replies. I really appreciate the information you have shared from your experience.

I am only trying to confirm the information you have mentioned is officially indicated somewhere in the KSA labor law or specified in any other Saudi government platform that the GOSI employee contract has no value and the paper contract signed by the employee is always considered as a final reference in the labor court.

If i can get such a reference then i can go back to my new company and reject the offer based on Offical KSA labor law

Mfazd wrote:

Thanks, and it's not that i don't believe your replies. I really appreciate the information you have shared from your experience.

I am only trying to confirm the information you have mentioned is officially indicated somewhere in the KSA labor law or specified in any other Saudi government platform that the GOSI employee contract has no value and the paper contract signed by the employee is always considered as a final reference in the labor court.

If i can get such a reference then i can go back to my new company and reject the offer based on Offical KSA labor law

I am telling you the truth.
Gosi is for your salary and other benefits, specially EOSB.
This contract is not main contract.
It's like a carbon copy.
But not completed.
Which contract has your signature on it?
Think about it.

https://www.youtube.com/watch?v=COH-q19pjU4
As per the link above now, the paper contract is not valid anymore.

Mfazd wrote:

https://www.youtube.com/watch?v=COH-q19pjU4
As per the link above now, the paper contract is not valid anymore.

Okay keep follow that YouTube channel.
I hope this channel is belonged to a government official.
I signed i new contract just last week.
And in gosi it was two years old.
Don't mislead others.
You want to believe those YouTubers, go ahead.

Hi,

https://saudigazette.com.sa/article/582014

Hope the above links helps....

Mfazd wrote:

Hi,

https://saudigazette.com.sa/article/582014

Hope the above links helps....

To shed some light on this, in many recent court cases that we had, the original contract was submitted.   Also for Iqama processing as well, the scanned copy of the same contract is submitted.   The GOSI contract is meant to help in labor disputes but in court cases, they still refer to the original - this is court practice and not necessarily announced.   

One of the primary reasons for this is that the GOSI contract is:

1) Not all inclusive of any particular clauses that the employer wants to add - it is standard
2) Compensation details, especially for senior people, are misaligned e.g. 45K is upper salary limit for GOSI contribution whereas the salary might be higher......so to avoid WPS/GOSI alerts, employers report salary as 45K for senior employees - I am in same situation
3) GOSI contracts can become outdated after a few years as the system is erratic about enforcing updated contracts

Maybe this will change in the future but I am just relating what is happening right now.

Secondly, from a legal standpoint, if you have both a GOSI contract and a signed one, neither of them is in contravention of labor law, there is no specific clause which says "this contract supersedes all prior contracts"..........then they will be read together.  So what this means for OP is that his competition clause in the original paper contract will be upheld.

Mfazd wrote:Hi,https://saudigazette.com.sa/article/582014Hope the above links helps....To shed some light on this, in many recent court cases that we had, the original contract was submitted.   Also for Iqama processing as well, the scanned copy of the same contract is submitted.   The GOSI contract is meant to help in labor disputes but in court cases, they still refer to the original - this is court practice and not necessarily announced.    One of the primary reasons for this is that the GOSI contract is:1) Not all inclusive of any particular clauses that the employer wants to add - it is standard2) Compensation details, especially for senior people, are misaligned e.g. 45K is upper salary limit for GOSI contribution whereas the salary might be higher......so to avoid WPS/GOSI alerts, employers report salary as 45K for senior employees - I am in same situation3) GOSI contracts can become outdated after a few years as the system is erratic about enforcing updated contractsMaybe this will change in the future but I am just relating what is happening right now. Secondly, from a legal standpoint, if you have both a GOSI contract and a signed one, neither of them is in contravention of labor law, there is no specific clause which says "this contract supersedes all prior contracts"..........then they will be read together.  So what this means for OP is that his competition clause in the original paper contract will be upheld.  - @XTangThank you for sharing your experience, I just want to clarify your last statement. Gosi Contract mentioned that in General Provision's first paragraph  "This contract replaces all previous agreements and contracts including oral and written if any" what does it mean?

@JEMGE I too have the same question. If it is mentioned all previous written contracts are non-valid, then GOSI contract supersedes all written or verbal contract.

I have said it clearly. In labor disputes now, Qiwa is used. Gosi is primarily for workplace injuries.

@XTang

Hello bro

I need your kind advice

My QIWA contract is different than the GOSI contract

In QIWA it was MENTIONED any party can terminate during probation period . However In GOSI it’s mentioned as 90 days probation period . Nothing about who can terminate

Nothing in QIWA contract is mentioned if I leave the company I have to pay any amount . however in Gosi it’s mentioned I have to pay 06 salaries

Appreciate your kind advice and reply

Read my previous reply - this has already been answered before.