My company failed to get me a visa... What can I do?

[delta950]

Hi guys!
I was hired by a non local firm for a analyst job with a local contract (I am not from Singapore). I just graduated (EP rejected) and my firm's office in Singapore is not qualified to apply for an S pass. What are my rights in this situation? Can I ask for compensations? Indeed my firm hired me and then applied for the visa. Somehow my firm failed to provide me a proper working environment. By letting me sign my contract, they had the obligation to provide me a job in Singapore. I know that in such a situation in Germany, I would be able to get a nice compensation. What about Singapore?

[Mad Scientist]

This is a tough one but I will try my best.

Your employer can hire you but it is MOM that will decide whether you are able to be employed by your employer. It does not matter which pass you will be on but if the quota for foreigners has hit the limit or your qualification does not meet the requirement or your skillset is readily available in SG or whatever MOM feels either way you will be rejected.
That does not equate to compensation as it is beyond the employer's control. This is how I see, maybe others has different view

[x9200]

It is a bit weird that there is no conditional clause in your contract saying that the contract validity is a subject to work/employment pass approval.
Now, even if you would be entitled for a compensation how are you going to execute it? To sue the company in SG may be pretty expensive.
...and I am also not sure if you are entitled.

[Strong Eagle]

Your company should have at least warned you that an employment pass is not a guaranteed thing... sounds like they were rather naive themselves.

If you are a new graduate but could demonstrate some special skills needed by the company you might have a chance on appeal... or get them to pay you $7000 per month.

Otherwise, you don't have any recourse because the government, not the company, rejected you.

[revhappy]

It is a bit weird that there is no conditional clause in your contract saying that the contract validity is a subject to work/employment pass approval.
Now, even if you would be entitled for a compensation how are you going to execute it? To sue the company in SG may be pretty expensive.
...and I am also not sure if you are entitled.

I agree, Almost every offer letter that I have seen here in SG, has this clause that the employment is subject to the candidate getting EP or LOC approved.

OP, read your contract carefully again. In any case its common sense that you shouldnt take the job for granted unless you have the work visa approved. Its bad luck. Better luck next time.

[delta950]

I double checked the contract. Such clause is not written in it. I guess I have to look for a company which is able to get me an S pass. Too bad the pay and the job was really good.

[sundaymorningstaple]

Good Luck with your search. You are going to need it if I read your initial posts correctly. You are a fresh graduate and the odds of you getting ANY type of employment pass are virtually nil. Without experience, you are not likely to be approved in any case unless you have applied for and gotten an approved EPEC.

All contracts for foreigners are contingent on having a Employment Pass granted, whether it's written in the contract or not.

[delta950]

Well I need to make sure that the companies where I am applying are able to get me an S pass.

[sundaymorningstaple]

Has nothing to do with it if you can't qualify as you are a fresher. Sorry.

[ksl]

Has nothing to do with it if you can't qualify as you are a fresher. Sorry.

Ouch that's real helpful
!Why doesn't HR do more in convincing MOM? Maybe they can, maybe they can't! But to say because he is a graduate without experience is a little wimpish, if you are looking for a particular graduate to train up for a career path.

[sundaymorningstaple]

Primarily, because we are not in the UK or the US or Canada or Australia, but in Asia, where the vast majority of bosses don't want to pay money for something that is not aready producing. You already know how hard it is to even get training attachments, I believe, because you took one in last year yourself, if I'm not mistaken. Tis better to tell the truth then BS them with false hope. I've said it before, if they know the facts and then beat it, it looks a lot better than building them up and then having them fall.

Why doesn't HR do more? Because that have to follow what the MD's tell 'em to do. Strange question to ask.

[ksl]

Why doesn't HR do more? Because that have to follow what the MD's tell 'em to do. Strange question to ask.
_________________

I mean in regards to this guy being employed by a non local company to serve in Singapore, obviously they haven't really looked into it, before or after. To say the guy has no chance because he is a graduate is a little lame in context of his employment contract, as he needs the experience in Singapore has part of the companies training philosophy maybe, or maybe not.

We do not know, but an appeal and a little effort on the companies part may help, right, even though he's no experience. I think he doesn't get the help he is asking for, by saying you have no chance because you are a new grad.

Yes it is difficult and a pain in the arse, but still, we would most certainly take up the challenge, if needed, as the quality of character and intelligence maybe just worth the effort. But we get your point!

[sundaymorningstaple]

ksl, my response was directed at his post preceding mine,

Well I need to make sure that the companies where I am applying are able to get me an S pass.

and not the offshore/non-Singaporean company who couldn't get him a permit.

[ksl]

ksl, my response was directed at his post preceding mine,

Well I need to make sure that the companies where I am applying are able to get me an S pass.

and not the offshore/non-Singaporean company who couldn't get him a permit.

Oh Okay sorry!

[delta950]

Guys my plan is the following... I will fly back to Singapore and look proactively for a job there (I will make sure that my firm can hire me with an S pass). To give more credibility to my case, I will apply for a working holiday visa.