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Job Offer Letter vs Contract Help!!

Last activity 14 September 2022 by Wael O Sedky

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Guest578

Dear fellow members,

I signed a job offer letter with a company in KSA and now I am forced to sign a contract where the remuneration conditions are different (basically certain allowances have not been mentioned) I am asking they add a clause in the contract that the conditions will be as per the job offer but they say there is no need, as the job offer is part of the contract but nowhere in the contract says that.

Is this legal? I am thinking if the company decides not to pay those allowances and I sign the contract, I will not be able to claim them as they are in the offer letter but not in the contract.

Thanks in advance.

Kaby

As of from 14 March you have to work on contract basis, may be that is the reason they are saying you to sign a contract but things mentioned in job offer should be included in contract.

Ali_N

Both should mention the same things, the contract is an elongated version of the single page job offer. Do not agree for any changes between the two

XTang

Some points;

1) Job offer is not legally binding on the employer but the contract is.  The contract is what is registered with MOL and that is the ONLY reference point
2) For most contracts at MOL, especially for senior employees whose professions don't match the Iqama title e.g. a CEO who has Iqama profession of, say, marketing specialist; the salary details in the MOL contract are different from the real one.  So a lot of companies make you sign two contracts - one between yourself and the company and the second only for the purpose of MOL formalities.  Not legal but it is a widely practiced approach.   This may change with the upcoming labor law revisions
3) Even for normal MOL contracts where there are no mismatches, it is common practice to not mention non-standard allowances i.e. the ones which are determined by policy and not specified by labor law.  For example, all cash paid to you monthly, is your gross salary whereas schooling (paid on actuals) is as per company policy.  So in the contract, they will mention the other allowances and make a note saying that any other allowances will be as per company policy.  Another example is that of car allowance e.g. if they pay you cash for the car allowance then it becomes part of your end of service calculation but if they give you a car, they can exclude it from the EOS salary and courts will uphold it - as the car was provided as a policy item (tool to perform work) vs. a cash benefit.  There are many ins and out legally but I hope you get the generalized picture

So you need to figure out what are the differences between the job offer and the contract that they are giving you.  If it can be explained by the points I have mentioned, then it is normal.  If it can't then ask them to change it.

Wuraola

I also got an offer letter with "NOTE :This offer is not considered part of the employment contract that will be signed
between the employee and the company"

Is this also Normal in Saudi Arabia employment contract

"The first party has the right to photograph the second party and to post these images or videos on social media on the accounts of the first party institution, or to publish them in any means of dissemination desired by the first party, or to display them on products and services or to use them to promote on satellite channels and others"

I am confused about this

XTang

The first part is normal. I have already said it ie job offer is not legally binding, only the contract is.

The second part is also normal in this part of the world. Employee IP and privacy rights are not widely practiced in this part of the world as they are in the west :).

Wuraola

This is scary tho...

Way2Shy

Some allowances are part of the labor law - vacation, sick leave, maternity leave and end of service. So whether they mention them or not they must provide them. You did not mention what's the difference in the offer letter and the contract.

lg123

Are part-time contracts for foreigners without an iqama legal in Saudi Arabia?

XTang

Simply, you need an Iqama to work in Saudi whether full time or part time.  Part time is decided by your employer and a lot of firms have done that with Covid hit.  But not without an Iqama.

Njichi

Hi,
I signed a job offer letter with a company in saudi arabia, I have also recieved a demand letter stamped by the ministry requesting transfer of sponsorship, so based on the above I resigned from my current position. Days before my joining, I received a phone call from the new employer saying they cannot move forward with the offer. What can I do, can I ask for compensation as I've lost my job due to their poor management and planning.

Arsal7

Njichi wrote:

Hi,
I signed a job offer letter with a company in saudi arabia, I have also recieved a demand letter stamped by the ministry requesting transfer of sponsorship, so based on the above I resigned from my current position. Days before my joining, I received a phone call from the new employer saying they cannot move forward with the offer. What can I do, can I ask for compensation as I've lost my job due to their poor management and planning.


Nope.
You can't do anything.
Albeit, every contract has some probation period, in which, company or employee can terminate the contract.
That's the law.
There is no way to put a case against a company who just didn't hire you for some reasons.

ProtectorofKid

These things happen and not in your control. May be you should not have resigned from the current company until your visa paper work was complete as well. Even if the visa transfer was complete, there is a possibility that new employer may have let you go after one month due to reasons such as cultural issues, not mixing well with the team etc.                                                                                                       What you can do now is approach your former employer, how you were misled to resigning and you regret the decision and request to rehire you back

saqayyum2000

Njichi wrote:

Hi,
I signed a job offer letter with a company in saudi arabia, I have also recieved a demand letter stamped by the ministry requesting transfer of sponsorship, so based on the above I resigned from my current position. Days before my joining, I received a phone call from the new employer saying they cannot move forward with the offer. What can I do, can I ask for compensation as I've lost my job due to their poor management and planning.


its a new trick to reduce your offer, mean while check with your current sponsor and tell them the status. either you resume old one , or join the new one with new offer or let the current sponsor give you sometime to search new job.
may Allah support you .. stay blessed.

Mohammed Ashfaque Ahmed

I have left the old company and waiting for the new company to get all the transfer process done but its taking too much time and without pay. I have signed the offer letter and nothing else is done apart from offer letter.  Can I opt for another job?

abbas4faith

I joined current company on 16- jun-2019 and today is 4-jul-2022 , completed 3 years and didn't get any renewed contract yet and I also checked on Qiwa but no Job contract available on website.

Today I have gotten a new job offer letter and that company is asking to join  exactly after one month otherwise can not allow wait more than one month.
So, my question is this , am I oblige to complete 2 months notice period if my current company has 2 months notice period terms.
Kindly need early response under Saudi labor rules & law.


Thanks in advance
XTang
Contracts are usually auto renewed in a lot of companies - that clause is there in contracts.  Notice is given for non renewal.  So if you didn't get a non renewal notice, you are still contractually obligated to give a notice.
aliafareed522

@XTang   I HAVE JOINED A COMPANY 3 DAYS BACK AND I GOT TO KNOW THAT THEY ARE DELAYING SALARIES AND  I HAVE ANOTHER OFFER IF I QUIT DO THEY HAVE ANY RIGHT TO TAKE ANY LEGAL ACTION AGAISNT ME AS I HAVE SIGNED JOB OFFER LETTER , THEY HAVE GIVEN ME A CAR AND MOBILE TO COMMUNICATE WITH PROJECT TEAM

XTang
Is your Iqama in process?   has the transfer been done?   if it is just a job offer and nothing formal has taken place, then no issue.
aliafareed522

@XTang  no am still in my previous employers kafala and they told me they can take naqal kafala after three months probation period , they didnt raise anything in qiwa even i mean i just signed a Joining Letter and Job offer

XTang
Ok.  If you didn't sign anything, you should have no issue.
aliafareed522

@XTang  Thanks

Mohammad Neyaz Alam

@XTang  hello sir

Just I need your suggestion I am working from 6 month in AR rass in restaurant as a head chef but still i did not recieve my contract from my kafeel and now my wife have serious health issue and I request to go emergency vecation but my kafeel not allowed kindly suggest me what to do

Wael O Sedky

try to find another work . you dont have a contract

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