EP cancellation during garden leave

[flashn3]

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.

[ecureilx]

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.

1 is legal. If they pay you 3 months in lieu, they can terminate pass ASAP.
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 ..

[flashn3]

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

[Barnsley]

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

I am pretty sure its illegal to rent Private property in Singapore without a valid residency permit.

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.

[flashn3]

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

I am pretty sure its illegal to rent Private property in Singapore without a valid residency permit.

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.

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).

[PNGMK]

This is weird but take the money and run...

[flashn3]

This is weird but take the money and run...

thanks for the advice buddy, but I was hoping for some alternative advice.

[Strong Eagle]

This is weird but take the money and run...

thanks for the advice buddy, but I was hoping for some alternative advice.

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.

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.

[flashn3]

This is weird but take the money and run...

thanks for the advice buddy, but I was hoping for some alternative advice.

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.

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.

Firstly, thank you for the reply.

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.

[ecureilx]

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.

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 ??

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 ??

[flashn3]

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.

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 ??

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 ??

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).

[Wd40]

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

[flashn3]

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

Thank you for the answer.

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?

[Wd40]

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

Thank you for the answer.

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?

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.

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.



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[ecureilx]

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).

So you want to have the cake and Eat it ? Dont we all want to do that ?

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 Good 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.