SINGAPORE EXPATS FORUM
Singapore Expat Forum and Message Board for Expats in Singapore & Expatriates Relocating to Singapore
EP cancellation during garden leave
EP cancellation during garden leave
H all,
I am in urgent need of advice regarding my contract termination.
Yesterday my employer communicated the intention to terminate my contract with immediate effect. The company is giving me 2 options:
1) the company will pay me 3 months salary in lieu (notice period in the contract is 3 months either party) but will cancel my EP straight away.
2) the company and I can agree on 1 month salary in lieu rather than 3 months but in this case the company will cancel the EP in 3 months.
It seems to me they are trying to strong-arm me, however I would like to know if they can do that.
I mean, whilst in garden leave should my EP be still valid for the garden leave entire duration?
or the employer can just terminate my contract, pay me salary in lieu of notice and cancel my Ep straight away?
Thank you in advance for any suggestion.
I am in urgent need of advice regarding my contract termination.
Yesterday my employer communicated the intention to terminate my contract with immediate effect. The company is giving me 2 options:
1) the company will pay me 3 months salary in lieu (notice period in the contract is 3 months either party) but will cancel my EP straight away.
2) the company and I can agree on 1 month salary in lieu rather than 3 months but in this case the company will cancel the EP in 3 months.
It seems to me they are trying to strong-arm me, however I would like to know if they can do that.
I mean, whilst in garden leave should my EP be still valid for the garden leave entire duration?
or the employer can just terminate my contract, pay me salary in lieu of notice and cancel my Ep straight away?
Thank you in advance for any suggestion.
Re: EP cancellation during garden leave
1 is legal. If they pay you 3 months in lieu, they can terminate pass ASAP.flashn3 wrote:H all,
I am in urgent need of advice regarding my contract termination.
Yesterday my employer communicated the intention to terminate my contract with immediate effect. The company is giving me 2 options:
1) the company will pay me 3 months salary in lieu (notice period in the contract is 3 months either party) but will cancel my EP straight away.
2) the company and I can agree on 1 month salary in lieu rather than 3 months but in this case the company will cancel the EP in 3 months.
It seems to me they are trying to strong-arm me, however I would like to know if they can do that.
I mean, whilst in garden leave should my EP be still valid for the garden leave entire duration?
or the employer can just terminate my contract, pay me salary in lieu of notice and cancel my Ep straight away?
Thank you in advance for any suggestion.
2. I don't see what is legal there. If you agree to leave in 1 month, why would they keep the pass for 3 months ?
I don't see what strong arming here ..
Re: EP cancellation during garden leave
thank you for your reply.
Well, the second option is not legal, the company is basically saying that they are willing to extend my EP pass for 3 months if I give up 3 months salary. That's why I said they trying to strong-arm me, cause of course it's hard with the rent, bills, etc. once your EP is cancelled.
Speaking of which, can somebody advice me on my rental agreement?
Can I keep living in my flat and paying the rent as per usual even if after 1 month of EP cancellation (Short Term Visa Pass Holder) I've still not find a job?
Which options do I have? For example if I leave the country for a week and after I get back in with a tourist VISA for 90 days or similar?
Thank you
Well, the second option is not legal, the company is basically saying that they are willing to extend my EP pass for 3 months if I give up 3 months salary. That's why I said they trying to strong-arm me, cause of course it's hard with the rent, bills, etc. once your EP is cancelled.
Speaking of which, can somebody advice me on my rental agreement?
Can I keep living in my flat and paying the rent as per usual even if after 1 month of EP cancellation (Short Term Visa Pass Holder) I've still not find a job?
Which options do I have? For example if I leave the country for a week and after I get back in with a tourist VISA for 90 days or similar?
Thank you
Re: EP cancellation during garden leave
I am pretty sure its illegal to rent Private property in Singapore without a valid residency permit.flashn3 wrote:
Speaking of which, can somebody advice me on my rental agreement?
Can I keep living in my flat and paying the rent as per usual even if after 1 month of EP cancellation (Short Term Visa Pass Holder) I've still not find a job?
Which options do I have? For example if I leave the country for a week and after I get back in with a tourist VISA for 90 days or similar?
Thank you
Whats in your rental contract?
Do you have a clause whereby if you lose your job or get moved on by your company you can terminate without penalty?
Otherwise you are on the hook for the outstanding rent.
Life is short, paddle harder!!
Re: EP cancellation during garden leave
I have a diplomatic clause that allow me to leave the premises after 6 months by serving a 2 months notice. The thing, if I accept option one I will be legally entitled to stay in the country until mid June (with STVP) so I will be short of one month (I started my tennancy mid January).Barnsley wrote:I am pretty sure its illegal to rent Private property in Singapore without a valid residency permit.flashn3 wrote:
Speaking of which, can somebody advice me on my rental agreement?
Can I keep living in my flat and paying the rent as per usual even if after 1 month of EP cancellation (Short Term Visa Pass Holder) I've still not find a job?
Which options do I have? For example if I leave the country for a week and after I get back in with a tourist VISA for 90 days or similar?
Thank you
Whats in your rental contract?
Do you have a clause whereby if you lose your job or get moved on by your company you can terminate without penalty?
Otherwise you are on the hook for the outstanding rent.
Re: EP cancellation during garden leave
This is weird but take the money and run...
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!
Re: EP cancellation during garden leave
thanks for the advice buddy, but I was hoping for some alternative advice.PNGMK wrote:This is weird but take the money and run...
- Strong Eagle
- Moderator
- Posts: 11504
- Joined: Sat, 10 Jul 2004 12:13 am
- Location: Off The Red Dot
- Contact:
Re: EP cancellation during garden leave
PNGMK's advice is one of your better options, I am afraid. Even if none of the below works out, you're out of the country, and the landlord will not have much recourse to try and collect rent. It's not an uncommon situation.flashn3 wrote:thanks for the advice buddy, but I was hoping for some alternative advice.PNGMK wrote:This is weird but take the money and run...
I wouldn't worry too much about finishing up your rental unit once your EP is cancelled. Clearly, the gahmen does not insist on people moving into a hostel the day the EP is cancelled. It's a non-issue. Who is going to raise a stink? Nobody.
The bigger issue is how to deal with the landlord. If you fulfill the terms of your diplomatic clause are you really going to get your deposit back? If you give him one month's rent in lieu of living there for the second month, will he buy into that?
The other issue that you must deal with is that your employer is required by law to file a form IR21 with IRAS, 30 days before your last date of employment, stating that you are leaving. They must also withhold your last month's pay until they receive notice from IRAS that your taxes are paid.
It is illegal for your employer to terminate you but keep your EP in force. And I don't know how they will report your situation to IRAS.
I'm with PNGMK... if you haven't got another offer lined up, take the money and run.
Re: EP cancellation during garden leave
Firstly, thank you for the reply.Strong Eagle wrote:PNGMK's advice is one of your better options, I am afraid. Even if none of the below works out, you're out of the country, and the landlord will not have much recourse to try and collect rent. It's not an uncommon situation.flashn3 wrote:thanks for the advice buddy, but I was hoping for some alternative advice.PNGMK wrote:This is weird but take the money and run...
I wouldn't worry too much about finishing up your rental unit once your EP is cancelled. Clearly, the gahmen does not insist on people moving into a hostel the day the EP is cancelled. It's a non-issue. Who is going to raise a stink? Nobody.
The bigger issue is how to deal with the landlord. If you fulfill the terms of your diplomatic clause are you really going to get your deposit back? If you give him one month's rent in lieu of living there for the second month, will he buy into that?
The other issue that you must deal with is that your employer is required by law to file a form IR21 with IRAS, 30 days before your last date of employment, stating that you are leaving. They must also withhold your last month's pay until they receive notice from IRAS that your taxes are paid.
It is illegal for your employer to terminate you but keep your EP in force. And I don't know how they will report your situation to IRAS.
I'm with PNGMK... if you haven't got another offer lined up, take the money and run.
I understand PGMK' advice.
but if I take option one, can't I simply keep paying the rent for 1 another month to reach the required minimum period of 6 months (I've been renting for 5 months so far) and after that give 2 calendar months paid notice as per agreement? My contract is 12 months with a break clause after 6. I can exercise the diplomatic clause in any case after 6 month rental.
Is that any reason why in the time being the LL or any other subject should check my EP status if I keep paying the rent?
If I don't find a job within the next 2 months there is no point to stay anyway, I will pay 2 months in lieu if required and leave.
My only concern is staying in the flat paying the rent for another couple of months even if I no longer have an EP.
Re: EP cancellation during garden leave
How are they trying to strong arm you, when you have the choice to not agree to this pay-nothing and get-three-months offer ??flashn3 wrote:thank you for your reply.
Well, the second option is not legal, the company is basically saying that they are willing to extend my EP pass for 3 months if I give up 3 months salary. That's why I said they trying to strong-arm me, cause of course it's hard with the rent, bills, etc. once your EP is cancelled.

They did offer the option of paying you now and cancelling immediately right ?
Actually paying you now and cancelling immediately is CORRECT, as once paid, you are not needed under their payroll.
So what stops you from, to quote PNGMK, to take the money and run ??
Re: EP cancellation during garden leave
what stops me is that I'd like to stay here to find another job as I made the choice to move over here 5 months ago and now I don't want to run out of a sudden. Maybe I'll find a job pretty soon, maybe not in 30 days but since I am renting a flat until (at least) mid sept I'd like to keep staying in paying the rent for other couple of months. That's it.ecureilx wrote:How are they trying to strong arm you, when you have the choice to not agree to this pay-nothing and get-three-months offer ??flashn3 wrote:thank you for your reply.
Well, the second option is not legal, the company is basically saying that they are willing to extend my EP pass for 3 months if I give up 3 months salary. That's why I said they trying to strong-arm me, cause of course it's hard with the rent, bills, etc. once your EP is cancelled.![]()
They did offer the option of paying you now and cancelling immediately right ?
Actually paying you now and cancelling immediately is CORRECT, as once paid, you are not needed under their payroll.
So what stops you from, to quote PNGMK, to take the money and run ??
I'm concern about LL or some other subject find out me keeping living in the flat for a couple of months without EP (on a tourist vis.a likely).
Re: EP cancellation during garden leave
Take your money and run! You seem to be working for some cheapstake employer. So there is no guarantee they will keep your EP for 3 months. They could very well pay you only 1 month salary and cancel your EP as well. What does your employment contract state?
Sent from my Redmi Note 4 using Tapatalk
Sent from my Redmi Note 4 using Tapatalk
Re: EP cancellation during garden leave
Thank you for the answer.Wd40 wrote:Take your money and run! You seem to be working for some cheapstake employer. So there is no guarantee they will keep your EP for 3 months. They could very well pay you only 1 month salary and cancel your EP as well. What does your employment contract state?
Sent from my Redmi Note 4 using Tapatalk
My contract states that either party can give 3 months notice after probation.
Which it is fine, just I did expect to be required to work at least another month or so for the handover and not to be dismissed on garden leave just like that loosing my EP without enough time to find a new job.
Again, I do not want to take option 2 because is dodgy and, as you said, I do not trust the employer to keep my EP for 3 months.
My only concern is the flat I am renting. I would like to keep staying for another couple of months (worst come to worst leave and pay LL 1-2 months notice in lieu) as I want to find another job and not to pack and leave in 30 days. That's it.
In case I do not find a job in 30 days I can leave for a week and come back on a tourist visa and keep searching for another month.
I might find a job in 40 days rather than 30 and have another EP by then.
What are the chances LL or other subjects find out I'm keep renting for couple of months on tourist pass? Is it that bad?
Re: EP cancellation during garden leave
I think initiating a rental agreement on a tourist visa is illegal. But once the rental agreement is in force, I don't think it is a problem if your status changes from EP to tourist. There is no rule that says inform HDB or anybody on termination of EP.flashn3 wrote:Thank you for the answer.Wd40 wrote:Take your money and run! You seem to be working for some cheapstake employer. So there is no guarantee they will keep your EP for 3 months. They could very well pay you only 1 month salary and cancel your EP as well. What does your employment contract state?
Sent from my Redmi Note 4 using Tapatalk
My contract states that either party can give 3 months notice after probation.
Which it is fine, just I did expect to be require to work at least another month to do the handover and not to be dismissed on garden leave
Again, I do not want to take option 2 because is dodgy and, as you said, I do not trust the employer to keep my EP for 3 months.
My only concern is the flat I am renting. I would like to keep staying for another couple of months (worst come to worst leave and pay LL 1-2 months notice in lieu) as I want to find another job and not to pack and leave in 30 days. That's it.
In case I do not find a job in 30 days I can leave for a week and come back on a tourist visa and keep searching for another month.
I might find a job in 40 days rather than 30 and have another EP by then.
What are the chances LL or other subjects find out I'm keep renting for couple of months on tourist pass? Is it that bad?
The only thing that is clearly illegal is overstaying on a tourist visa and then your landlord can get into trouble for harbouring an illegal immigrant.
So I think your plan to come back and stay in the same apt on a tourist visa should be okay.
Sent from my Redmi Note 4 using Tapatalk
Re: EP cancellation during garden leave
So you want to have the cake and Eat it ? Dont we all want to do that ?flashn3 wrote: what stops me is that I'd like to stay here to find another job as I made the choice to move over here 5 months ago and now I don't want to run out of a sudden. Maybe I'll find a job pretty soon, maybe not in 30 days but since I am renting a flat until (at least) mid sept I'd like to keep staying in paying the rent for other couple of months. That's it.
I'm concern about LL or some other subject find out me keeping living in the flat for a couple of months without EP (on a tourist vis.a likely).

Though here, the odds aren't in your favor !!
My 2 cents, choose if you want the money or visa !! Then commit.
In my opinion, you have an employer who is taking the risk to keep you on pass for 3 months, instead of terminating immediately and finding a replacement, especially if their foreigner quota is tight.
Go ahead, push your luck

WD40, it is illegal to rent while on SVP, so not sure where your logic fits in !! Stand to be corrected.
And any landlord has the right to say NO to SVP visitors, however inhuman it may sound.
After all, there is nothing in the law that says visitors can stay over, and URA and all remind not to rent out to visitors. It is a grey area, and more towards not proper.
I have seen landlords personally tell tenants to leave, when they found their mother/father/relative stayed over for a couple of weeks, as a) the visitor is NOT registered and b) They are NOT resident.
-
- Similar Topics
- Replies
- Views
- Last post
-
-
Non Compete and Garden Leave
by breid10 » Fri, 30 Aug 2019 10:37 am » in Careers & Jobs in Singapore - 3 Replies
- 1725 Views
-
Last post by PNGMK
Fri, 30 Aug 2019 5:56 pm
-
-
-
Any clause covering a leave of absence and maternity leave of a PEP holders?
by PartyLike-A-Russian » Sat, 03 Jun 2023 8:45 pm » in PR, Citizenship, Passes & Visas for Foreigners - 3 Replies
- 447 Views
-
Last post by PartyLike-A-Russian
Mon, 05 Jun 2023 4:57 pm
-
-
-
Stay on for job search after cancellation of EP
by Pj2018 » Sat, 22 Sep 2018 1:34 pm » in PR, Citizenship, Passes & Visas for Foreigners - 4 Replies
- 8043 Views
-
Last post by sundaymorningstaple
Mon, 24 Sep 2018 10:33 am
-
-
-
Cancellation Student pass, overstay?? helpppp
by Maxx132 » Sun, 23 Dec 2018 2:53 pm » in General Discussions - 2 Replies
- 3236 Views
-
Last post by Maxx132
Mon, 24 Dec 2018 12:42 pm
-
-
-
Employment Pass cancellation + new EP
by TV18 » Thu, 13 Jun 2019 4:40 pm » in PR, Citizenship, Passes & Visas for Foreigners - 3 Replies
- 2729 Views
-
Last post by TV18
Thu, 13 Jun 2019 7:18 pm
-
Who is online
Users browsing this forum: No registered users and 2 guests