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EP Pending Status, but Future Employer wants me to tender resign now

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EP Pending Status, but Future Employer wants me to tender resign now

Postby cekkong » Thu, 10 Sep 2015 3:37 pm

Hi All,

I have been waiting for my EP approval for almost 3 weeks now. The status is "Pending inputs from vetting agencies". I was planning to wait until my EP is approved.

But my future employer recommend me to tender resignation now so once the EP is approved, I am ready to work immediately.

What will you do if you are in my shoes? Will you comply or wait until EP is confirmed before tender? :???:
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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby bro75 » Thu, 10 Sep 2015 4:47 pm

If it was me, I would wait for EP approval since this is not guaranteed.

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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby midlet2013 » Thu, 10 Sep 2015 5:05 pm

This is not a sign of a good employer.

Can you payoff instead of notice period. If so, ask the employer to buy out your notice period if he is so keen on an early start data.

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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby JR8 » Thu, 10 Sep 2015 5:20 pm

cekkong wrote:But my future employer recommend me to tender resignation now so once the EP is approved, I am ready to work immediately.
What will you do if you are in my shoes? Will you comply or wait until EP is confirmed before tender? :???:


No way would I resign until your new EP is confirmed.
If your current HR is vigilant, they will monitor the MoM status of their employees, and see those who have new applications in. This might be considered useful advance planning for staffing needs.

IIRC such identification can lead to summary dismissal. Keep in mind you still do not know if your new EP will be approved, for example the 2nd company might not have the right current quota left, or MoM might consider you paid too little or too much, or inappropriately qualified for the job.

We have seen people here before, who have resigned a job only to not get the new EP they expected, meaning they have one month to find another job or leave the country.

You'd be mad to resign your current job now, and I'd be surprised and disappointed going to a new job where the HR suggests doing so. It might suit them, but it puts your status in SG in danger.
'Do it or do not do it: You will regret both' - Kierkegaard

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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby sundaymorningstaple » Thu, 10 Sep 2015 5:35 pm

^^Yep, tis true. HR managers who are fond of encouraging bad behaviour by new prospective employees will know that you don't have any compunction about shafting an employer. Therefore, they will have no compunction about shafting you at some time in the future is the need is there. Gamble at your own risk. I can understand the new employer's position as well though, as they may need the person asap because they've waited too long to source. But the "vetting" will take upwards of 2 months according to the lastest I have received from MOM (a couple of days ago - one of my own staff on renewal who is being "vetted" again on renewal. MOM is getting strict and making people wait now before just issuing new or renewed work passes.

You buys your ticket and you takes your chances.

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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby ecureilx » Thu, 10 Sep 2015 7:06 pm

midlet2013 wrote:This is not a sign of a good employer.

Can you payoff instead of notice period. If so, ask the employer to buy out your notice period if he is so keen on an early start data.


Why would you say it is not a sign of a good employer ?

And employer buy off is becoming rarer nowadays, in Singapore

Plus, per MOM Law, the current employer can refuse to do an early release, as Employment agreements override any law, and the Terms generally state "must be mutually agreed"

Tough luck

What if the employee is in a key position, handling key customers or key technologies, and wants to run ? Catch 22

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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby sundaymorningstaple » Thu, 10 Sep 2015 8:03 pm

ecureilx wrote:Why would you say it is not a sign of a good employer ?


Probably for exactly the same reason that I did. :-k

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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby ecureilx » Thu, 10 Sep 2015 8:17 pm

sundaymorningstaple wrote:
ecureilx wrote:Why would you say it is not a sign of a good employer ?


Probably for exactly the same reason that I did. :-k


:D

seems I speed read and missed this "HR managers who are fond of encouraging bad behaviour by new prospective employees will know that you don't have any compunction about shafting an employer."

+1

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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby JR8 » Thu, 10 Sep 2015 8:54 pm

ecureilx wrote:Plus, per MOM Law, the current employer can refuse to do an early release, as Employment agreements override any law, and the Terms generally state "must be mutually agreed"

So if you got a job in a bank and a clause in your employment contract says you have to rob a branch of a competitor each month, and you do so, then you can't be prosecuted? No, I doubt you mean that...

ecureilx wrote:What if the employee is in a key position, handling key customers or key technologies, and wants to run ? Catch 22


This is commonly dealt with by means of 'gardening leave', which would be specifically detailed in the contract. For example your ex-employee might pay you to not work in the same industry for a period of time; sometimes 6 months. Hence the suggestion that it gives you a lot of time for gardening. Nice work if you can get it!
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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby sundaymorningstaple » Thu, 10 Sep 2015 9:51 pm

Actually, Garden Leave is the same as notice with the exception of the building lockout. You cannot go to work for another employer as you are still legally employed by your existing employer until such time as the Garden Leave has expired. However, if you current employer agrees to short notice or pays you off with salary in lieu of notice, you are legally able to go to work for the new employer the following day (assuming you have permission from MOM to work before the physical EP has been issued - often the case). If a company has it at all it's normally around 1 to 3 months here in Asia.

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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby cekkong » Thu, 10 Sep 2015 10:26 pm

Hi All,

Appreciate all of your inputs.
After discussion with my prospective employer, we have agreed to wait until my EP is approved then I will serve my notice period. So I guess I can sit back and wait for the EP result.
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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby midlet2013 » Thu, 10 Sep 2015 11:31 pm

You can resign on good faith and trust, but what will your new employer do if something goes wrong ??

I actually experienced something similar.

I came to Singapore when my EP was being processed. Ofcoz, since I studied here, I did not expect a problem. Due to wrongly submitted documents, my EP was rejected twice. This caused a delay of 1.5 month. I even worked for one month.

After one month, they told me not to come to work until this is resolved. Also they told me that they cannot legally pay me. Finally, it got resolved. Ofcoz, they appealed twice so I shd be thankful.

But they did not pay me even though my time was wasted due to error in document submission. They never accepted any mistake in document submission. It was always like MoM has an issue with me.

And I am more than sure that if finally my EP was rejected, they would not have given a damn.



ecureilx wrote:
midlet2013 wrote:This is not a sign of a good employer.

Can you payoff instead of notice period. If so, ask the employer to buy out your notice period if he is so keen on an early start data.


Why would you say it is not a sign of a good employer ?

And employer buy off is becoming rarer nowadays, in Singapore

Plus, per MOM Law, the current employer can refuse to do an early release, as Employment agreements override any law, and the Terms generally state "must be mutually agreed"

Tough luck

What if the employee is in a key position, handling key customers or key technologies, and wants to run ? Catch 22

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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby midlet2013 » Thu, 10 Sep 2015 11:37 pm

This is the most reasonable solution.Good luck


cekkong wrote:Hi All,

Appreciate all of your inputs.
After discussion with my prospective employer, we have agreed to wait until my EP is approved then I will serve my notice period. So I guess I can sit back and wait for the EP result.

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Re: EP Pending Status, but Future Employer wants me to tender resign now

Postby cekkong » Mon, 14 Sep 2015 10:15 am

Yay!! My EP is already approved. Thank you everyone for your valuable inputs :D
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