Menu
Expat.com

Qiwa Contract vs Paper Contract

Last activity 24 April 2024 by Dreamboysyed

Post new topic

Pooled
Hi folks,
I trust you are in good health.

A quick question, if I may:
There's a discrepancy between my contract in Qiwa and the Paper Contract (both effective Jan 2022).  Which takes precedent please?1f914.svg
(specifically the term or end dates differ 12 months vs 6 months).

Does anyone know or know how to find out please?

Thank you is advance,
P
Mohamad Abdullah
@Pooled Qiwa contract is the trustworthy one,  and it cancel any other unofficial contracts (i.e. paper contract).
Regards,
Pooled
@Mohamad Abdullah

I appreciate you taking the time to reply.

Is this documented anywhere i.e. how can I prove this to HR please?
Mohamad Abdullah
Human Resources can't negotiate other than Qiwa Contract.    You can download the "Labor Law" of Saudi Arabia and see the new amendments.

I will try to find that part for you later on.

Regards,
Pooled
I tried several searches but I was unable to find the Labour Law with these amendments.

When you get a chance, please do send me a link.

Thanks,
P
Arsal7
All those documents which has/had your signatures are the ones having any value in any ministry or court.
That means, hard copy.
If there is any mistake in qiwa or gosi, it doesn't matter.
Because you have signed a contract.
Pooled
@Arsal7
Thanks for responding
Fahad_Da
in your case, I guess the Qiwa contract came after the paper contract, where you would find a clause in these qiwa contracts clearly expressing that " this contract shall supersede all previous contracts".

Regards,
Fahad
A Lawyer
RedTrumpet
where you would find a clause in these qiwa contracts clearly expressing that " this contract shall supersede all previous contracts".

Regards,
Fahad
A Lawyer
- @Fahad_Da
The QIWA actually use the word "replaces" not that term "supersede". You can find it in the online QIWA Job Contract, in the sub-clause title "Applicable System and Jurisdiction". Refer below statement.

النظام الواجب التطبيق والاختصاص القضائي
يخضع هذا العقد لنظام العمل ولائحته التنفيذية والقرارات الصادرة تنفيذاً له في كل مالم يرد به نص في هذا العقد ويحل هذا العقد محل كافة الاتفاقيات والعقود السابقة الشفهية منها أو الكتابية إن وجدت

English Translation - This contract is subject to the labor regulations and its executive regulations and the decisions issued in its implementation in all cases where no provision is made in this contract. This contract replaces all previous verbal or written agreements and contracts if any.
Pooled
Thank you for responses, they have been very helpful.

My Qiwa contract is dated 24/01/2022 and Paper is 30/01/2022 therefore the Paper Contract is dated after the Qiwa Contract.  Is that a problem?

i.e. Does the Qiwa Contract still trump the Paper Contract1f914.svg

Thanks,
P
FAHD MEDIA

@RedTrumpet Thank you sir for this explanation. 🙏🙏

Syed Abdullah74

Guys, actually I am working in Neom city Saudi Arabia, I have started work 14 days ago, now our organization’s contract is near to finish actually we need some contract for Erection of Scaffold our organization provide accesses, working plateform so we wanna grab some contract for our company if any one knows please let me know or anyone can share contact of relevant person we can contact with him and explain him further. Actually I need help

FAHD MEDIA

@Arsal7 I think contract in Qiwa is ahead of written contract. It mentioned there that it replaces both verbal or written contract.

FAHD MEDIA

@Mohamad Abdullah Right!!

JinJin1234

My QIWA contract dated 01 December 2021 but I signed a contract and started working with the company 01 October 2021.


And I noticed in QIWA the contract is automatically renewed after the end of my 1 year contract which is December in QIWA but I have signed another renewal contract last 01 October 2022.


My question are:

  1. Which contract is Valid the paper contract or Qiwa contract?
  2. Can we (employer or employee) terminate the contract 1-2 days before 01 October 2023 so we can change the date in Qiwa contract and change the salary because it is for renewal?

Akprince

My QIWA contract dated 01 December 2021 but I signed a contract and started working with the company 01 October 2021.
And I noticed in QIWA the contract is automatically renewed after the end of my 1 year contract which is December in QIWA but I have signed another renewal contract last 01 October 2022.

My question are:

Which contract is Valid the paper contract or Qiwa contract?
Can we (employer or employee) terminate the contract 1-2 days before 01 October 2023 so we can change the date in Qiwa contract and change the salary because it is for renewal?

-@JinJin1234

Qiwa contract is the legal one.

1 Month before you must notice to your sponsor you will not renewed your contract base on your salary issue,

Qiwa contract can't be renewed automatically, but notice will come to you for acceptance purpose, if you click yes than you accept the next 1 year contract with same sponsor and with same salary, so make sure what you going to accept.

JinJin1234

@Akprince Thank you for the reply. But Sir my contract is automatically renewed , I just noticed it last January. In the contract the date change FROM 14/12/2021-14/12/2022 TO 14/12/2022-14/12/2023.


Note: Yearly contract. Same employer. Will renew again on 01 October 2023 with increase salary

JinJin1234

@Akprince Do i need to terminate the existing contract? Before accepting the new contract?

drhariom1

@Arsal7 paper contract is in English and Arabic

But kiwa is only arabic , how non saudi will understand

yashmiraato

@Mohamad Abdullah hello Mr Abdullah. I have the same concern. How did you know that Qiwa contract is more powerful than the written contract? Because if I'm to follow the regular contract, I was delayted by 2weeks in informing my employer that I will no longer renew with them(Following the 60days notice period). Where as in the qiwa they only require 30days notice period to inform the employer.

yashmiraato

@Mohamad Abdullah Hello Mr Abdullah. I just want to ask, how did you say that the Qiwa contract is more trustworthy than the regular contract? Because I have the same concern. If I were to follow the regular contract, I'm delay by 2 weeks in giving notice to my current employer that I will no longer renew my contract(the 60days notice period. But in the Qiwa they only require 30days notice period to inform the current employer. Thank you in advance.

abbasisaqib623

@Mohamad Abdullah i have questions

Bhavna

@abbasisaqib623 Hello and welcome !


Please post your questions if they are related to the topic...


Regards

Bhavna

Chad09

Good day everyone.

        I have signed 2 years contract duration in paper last year, i am new with qiwa and dont have any knowledge about this and our employer required us to approve our contract on qiwa.. after i approved it last month, and only now i found out that my contract in qiwa is 3 years.. what can i do with this, i want my contract same with the one i signed in paper?

Chad09

@Chad09 please help me what do guys

abdul ra

My probation as per employment contract made by company at their letterhead is 180 days whereas they mention 90 days in my Qiwa contract ... which one prevails?


Also, if my company terminate my contract after 150 days, how much will be my entitlement?

In company contract they mention as per article 77(clause 2) two basic will be provided.

Kindly advise.

Dreamboysyed

  • @Syed Abdullah74
  • Send me your number please

Dreamboysyed

Answer wat

Articles to help you in your expat project in Saudi Arabia

  • Starting a business in Saudi Arabia
    Starting a business in Saudi Arabia

    With Saudi businesses increasing by 16 percent in the final quarter of 2023 and a 23% increase in commercial ...

  • Working in Saudi Arabia
    Working in Saudi Arabia

    Finding a job in Saudi Arabia is mostly done before entering the country. Employment visas are still the most ...

  • Working in Jubail
    Working in Jubail

    Jubail is a city in the eastern province of Saudi Arabia, and it has a population of around 500,000 people. It is ...

  • Working in Riyadh
    Working in Riyadh

    As the capital city of Saudi Arabia, Riyadh is one of the biggest urban communities in the country and is home to ...

  • Working in Jeddah
    Working in Jeddah

    Jeddah is the most diverse city in Saudi Arabia. It is home to 3,75 million people and to the largest ...

  • Working in Dammam
    Working in Dammam

    Dammam, the Eastern province's capital city, is a very dynamic city in Saudi Arabia, almost as much as Khobar. ...

  • Working in Yanbu
    Working in Yanbu

    Yanbu, which is found near the Red Sea, is deemed to be a port and industrial city. Situated on the ancient ...

  • Internships in Saudi Arabia
    Internships in Saudi Arabia

    Performing an internship in Saudi Arabia can be an interesting and enriching experience for young professionals. ...

All of Saudi Arabia's guide articles