<NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

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<NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by Rdxx » Sun, 11 Apr 2021 1:31 am

Hi All,
I'm new here. Been going through all the posts. And thought , why not ask here :roll:

I'm currently working in SG on EP for an Indian based IT company. I have got an offer in a MNC and accepted the offer letter too(joining date in 2 months) and HR has initiated for EP last week. ( Waiting for IPA to submit resignation)

Well, the problem is this - My notice period is 3 months. And going by the current trend, I'm being told that whoever resigns is asked to travel back to India and serve the notice period.

Can I stay stubborn and tell my HR that I can't go back to India citing the Covid situation and I can serve notice period here. And then ask if he/she is OK for 2 months notice or even lesser.
Or if I have a medical condition which advises against travelling, will it help make the HR agree?

What other options do I have?(is there any?!) ](*,)

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by sundaymorningstaple » Sun, 11 Apr 2021 1:43 am

If you are on notice it sounds like you employer is trying to pull a fast one. They cannot make you return to India to serve your notice. In fact, they cannot cancel your EP until your notice period is finished. It sounds like they are trying to pull a fast one.
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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by Rdxx » Sun, 11 Apr 2021 1:50 am

Thanks for replying.
I have not dropped my resignation yet. Will resign only after I get my IPA - a wise man told me once.
Actually I was hired in India. Technically, they can cancel my EP and send me back since I'm not a SG hire. Still, I'm looking at my options to move to the new company.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by the observer » Sun, 11 Apr 2021 6:56 am

Further research required OP.

Changes to work pass restrictions for intra-corporate transferees

The MOM has also made clear that ICTs are only allowed entry into Singapore for a limited period, and are not eligible for future employment in Singapore upon the expiry or termination of their work pass.

https://www.lexology.com/library/detail ... d1c2ac6109

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by the observer » Sun, 11 Apr 2021 7:18 am

In a nutshell, if you get your IPA, count your lucky stars. There’s a human behind doing approvals, and whenever a human is involved, so do errors

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by singaporeflyer » Sun, 11 Apr 2021 10:13 am

Rdxx wrote:
Sun, 11 Apr 2021 1:31 am
Hi All,
I'm new here. Been going through all the posts. And thought , why not ask here :roll:

I'm currently working in SG on EP for an Indian based IT company. I have got an offer in a MNC and accepted the offer letter too(joining date in 2 months) and HR has initiated for EP last week. ( Waiting for IPA to submit resignation)

Well, the problem is this - My notice period is 3 months. And going by the current trend, I'm being told that whoever resigns is asked to travel back to India and serve the notice period.

Can I stay stubborn and tell my HR that I can't go back to India citing the Covid situation and I can serve notice period here. And then ask if he/she is OK for 2 months notice or even lesser.
Or if I have a medical condition which advises against travelling, will it help make the HR agree?

What other options do I have?(is there any?!) ](*,)
How did you sign the offer to join in 2 months when your notice period is 3 months?

Don't come up with medical conditions, just to work around some issues. The same medical condition should not cause some issues on getting you employed in the new job. Better to be open and honest and speak with the current HR.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by Rdxx » Sun, 11 Apr 2021 10:54 am

the observer wrote:
Sun, 11 Apr 2021 7:18 am
In a nutshell, if you get your IPA, count your lucky stars. There’s a human behind doing approvals, and whenever a human is involved, so do errors
I went throught the link.. but I'd be joined in new company as direct hire. Is it possible that my IPA itself could get rejected?

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by Rdxx » Sun, 11 Apr 2021 11:00 am

singaporeflyer wrote:
Sun, 11 Apr 2021 10:13 am
Rdxx wrote:
Sun, 11 Apr 2021 1:31 am
Hi All,
I'm new here. Been going through all the posts. And thought , why not ask here :roll:

I'm currently working in SG on EP for an Indian based IT company. I have got an offer in a MNC and accepted the offer letter too(joining date in 2 months) and HR has initiated for EP last week. ( Waiting for IPA to submit resignation)

Well, the problem is this - My notice period is 3 months. And going by the current trend, I'm being told that whoever resigns is asked to travel back to India and serve the notice period.

Can I stay stubborn and tell my HR that I can't go back to India citing the Covid situation and I can serve notice period here. And then ask if he/she is OK for 2 months notice or even lesser.
Or if I have a medical condition which advises against travelling, will it help make the HR agree?

What other options do I have?(is there any?!) ](*,)
How did you sign the offer to join in 2 months when your notice period is 3 months?

Don't come up with medical conditions, just to work around some issues. The same medical condition should not cause some issues on getting you employed in the new job. Better to be open and honest and speak with the current HR.
I've mentioned about my medical condition while applying for the new job. My problem is that my current employer will ask me to leave SG and serve my notice period in India.
I just wanted to know if my HR can still force me to go back, even after highlighting my medical condition.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by singaporeflyer » Sun, 11 Apr 2021 11:03 am

Rdxx wrote:
Sun, 11 Apr 2021 11:00 am
singaporeflyer wrote:
Sun, 11 Apr 2021 10:13 am
Rdxx wrote:
Sun, 11 Apr 2021 1:31 am
Hi All,
I'm new here. Been going through all the posts. And thought , why not ask here :roll:

I'm currently working in SG on EP for an Indian based IT company. I have got an offer in a MNC and accepted the offer letter too(joining date in 2 months) and HR has initiated for EP last week. ( Waiting for IPA to submit resignation)

Well, the problem is this - My notice period is 3 months. And going by the current trend, I'm being told that whoever resigns is asked to travel back to India and serve the notice period.

Can I stay stubborn and tell my HR that I can't go back to India citing the Covid situation and I can serve notice period here. And then ask if he/she is OK for 2 months notice or even lesser.
Or if I have a medical condition which advises against travelling, will it help make the HR agree?

What other options do I have?(is there any?!) ](*,)
How did you sign the offer to join in 2 months when your notice period is 3 months?

Don't come up with medical conditions, just to work around some issues. The same medical condition should not cause some issues on getting you employed in the new job. Better to be open and honest and speak with the current HR.
I've mentioned about my medical condition while applying for the new job. My problem is that my current employer will ask me to leave SG and serve my notice period in India.
I just wanted to know if my HR can still force me to go back, even after highlighting my medical condition.
If they want to, they can. Technically, they can, but not sure if they will. As most of them will try to be reasonable.

Technically they can pay you for N months of notice and cancel the EP. You will be given 30 days of SVP, post which in case you dont have another IPA, you will need to leave SG.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by x9200 » Sun, 11 Apr 2021 11:24 am

singaporeflyer wrote:
Sun, 11 Apr 2021 11:03 am
Rdxx wrote:
Sun, 11 Apr 2021 11:00 am

I've mentioned about my medical condition while applying for the new job. My problem is that my current employer will ask me to leave SG and serve my notice period in India.
I just wanted to know if my HR can still force me to go back, even after highlighting my medical condition.
If they want to, they can. Technically, they can, but not sure if they will. As most of them will try to be reasonable.
Whether they can send him back to India (to finish the contract) I would expect some specific clause has to be included to his contract, if not, what would be the base?

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by singaporeflyer » Sun, 11 Apr 2021 11:49 am

x9200 wrote:
Sun, 11 Apr 2021 11:24 am
singaporeflyer wrote:
Sun, 11 Apr 2021 11:03 am
Rdxx wrote:
Sun, 11 Apr 2021 11:00 am

I've mentioned about my medical condition while applying for the new job. My problem is that my current employer will ask me to leave SG and serve my notice period in India.
I just wanted to know if my HR can still force me to go back, even after highlighting my medical condition.
If they want to, they can. Technically, they can, but not sure if they will. As most of them will try to be reasonable.
Whether they can send him back to India (to finish the contract) I would expect some specific clause has to be included to his contract, if not, what would be the base?
If they have already told him that his work may include some travel, then they can?

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by sundaymorningstaple » Sun, 11 Apr 2021 12:55 pm

OP doesn't mention it, but if he is here via CECA then there is a heap of potential issues. He needs to answer that question before we post any other potential options. I think there is something he's not telling us.
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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by simple_guy » Sun, 11 Apr 2021 2:25 pm

As far as I know, in India 3 months notice period is common. For people who are working here on deputation; their company has put a special clause for them to serve the notice period in India so that it's not easy for them to switch.
Hope the OP shares his/her experience in the end.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by the observer » Sun, 11 Apr 2021 4:07 pm

simple_guy wrote:
Sun, 11 Apr 2021 2:25 pm
As far as I know, in India 3 months notice period is common. For people who are working here on deputation; their company has put a special clause for them to serve the notice period in India so that it's not easy for them to switch.
Hope the OP shares his/her experience in the end.
If deputation = intra corporate transferee, then the rules are clear.

“ are not eligible for future employment in Singapore ”

Per the advisory, you should not be granted an IPA.
However, there’s always someone sleeping on the job.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by simple_guy » Sun, 11 Apr 2021 8:20 pm

@Observer.
Are you sure this is the rule? I don't think MOM has anything to do with deputation/transfer while issuing IPA? If this the rule which you mentioned, the hiring company HR should also be aware. Also his/current company need not to place the strict rules of serving notice period in base location!

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