Singapore Expats Forum

Contract start date and EP approval

Discuss about getting a well paid job or career advancement. Ask about salaries, expat packages, CPF & taxes for expatriate.

rootuf
Newbie
Newbie
Posts: 6
Joined: Mon, 14 Aug 2017

Contract start date and EP approval

Postby rootuf » Fri, 08 Sep 2017 5:09 pm

Interested to hear what people think of this.

I'm travelling to Sinagpore on 23 October and I start a contract on 25 October. If there's a delay in the EP, meaning, for instance, that I cannot start work until 1 November, would the company have to start my payroll? Thinking that it's out of my control whether or not the EP is approved and it doesn't change my contracted start date.

User avatar
ecureilx
Immortal
Immortal
Posts: 9527
Joined: Fri, 20 Aug 2010

Re: Contract start date and EP approval

Postby ecureilx » Fri, 08 Sep 2017 6:09 pm

rootuf wrote:Interested to hear what people think of this.

I'm travelling to Sinagpore on 23 October and I start a contract on 25 October. If there's a delay in the EP, meaning, for instance, that I cannot start work until 1 November, would the company have to start my payroll? Thinking that it's out of my control whether or not the EP is approved and it doesn't change my contracted start date.


You cannot work until you have your EP IPA. Legally !

Your Employer should plan for that contingency.

rootuf
Newbie
Newbie
Posts: 6
Joined: Mon, 14 Aug 2017

Re: Contract start date and EP approval

Postby rootuf » Fri, 08 Sep 2017 6:26 pm

ecureilx wrote:
rootuf wrote:Interested to hear what people think of this.

I'm travelling to Sinagpore on 23 October and I start a contract on 25 October. If there's a delay in the EP, meaning, for instance, that I cannot start work until 1 November, would the company have to start my payroll? Thinking that it's out of my control whether or not the EP is approved and it doesn't change my contracted start date.


You cannot work until you have your EP IPA. Legally !

Your Employer should plan for that contingency.


Thanks for your reply, and I appreciate that I cannot work, however, my question is whether payroll begings from the contract start date regardless of EP approval or not.

User avatar
Strong Eagle
Moderator
Moderator
Posts: 10473
Joined: Sat, 10 Jul 2004
Location: Off The Red Dot
Contact:

Re: Contract start date and EP approval

Postby Strong Eagle » Fri, 08 Sep 2017 11:49 pm

rootuf wrote:Thanks for your reply, and I appreciate that I cannot work, however, my question is whether payroll begings from the contract start date regardless of EP approval or not.


That depends entirely on what your contract says. If it is silent, then you will have to negotiate with your employer who may tell you that you don't get paid until you work.

User avatar
x9200
Moderator
Moderator
Posts: 9249
Joined: Mon, 07 Sep 2009
Location: Singapore

Re: Contract start date and EP approval

Postby x9200 » Sat, 09 Sep 2017 8:00 am

You are paid for the work you do so if you don't work, you don't get paid. Of course, unless there is something about it in your contract or there is a goodwill of your employer to pay you in advance.

User avatar
ecureilx
Immortal
Immortal
Posts: 9527
Joined: Fri, 20 Aug 2010

Re: Contract start date and EP approval

Postby ecureilx » Sat, 09 Sep 2017 9:36 am

x9200 wrote:You are paid for the work you do so if you don't work, you don't get paid. Of course, unless there is something about it in your contract or there is a goodwill of your employer to pay you in advance.
How I wish employers will pay for work I didn't do :D

User avatar
sundaymorningstaple
Moderator
Moderator
Posts: 34340
Joined: Thu, 11 Nov 2004
Location: Still Fishing!
Contact:

Re: Contract start date and EP approval

Postby sundaymorningstaple » Sat, 09 Sep 2017 11:18 am

I have my doubts whether you would get paid. In Singapore all foreigners are hired based on the getting of a valid work pass. Without the work pass the contract cannot be said to be valid as it is violation of local laws. This is why the MOM tells you you cannot work until such time as the pass has actually been issued. However, in certain cases, if requested by the employer, they will also indicate in the IPA letter that you are able to work until such time as the pass is physically issued. If that is the case, then they contract would become valid on the day you started work (those kind of IPAs make it valid to go to work the day after you pass through immigration.)

User avatar
x9200
Moderator
Moderator
Posts: 9249
Joined: Mon, 07 Sep 2009
Location: Singapore

Re: Contract start date and EP approval

Postby x9200 » Sat, 09 Sep 2017 3:00 pm

sundaymorningstaple wrote:I have my doubts whether you would get paid. In Singapore all foreigners are hired based on the getting of a valid work pass. Without the work pass the contract cannot be said to be valid as it is violation of local laws.

So if I am on employment pass and do something that violates the law and I get deported, this would invalidate the contract and make the employer helpless in recovering any contract related damages?

IMHO the contract is valid and this is the problem of the parties to promise within the contract only what they could fulfill. This is why, most of the employment contract I have seen had a clause "subject to the pass approval".

PS. Of course, it may be some employment specific law that invalidates the contracts. On a more general ground, this would be odd.

User avatar
ecureilx
Immortal
Immortal
Posts: 9527
Joined: Fri, 20 Aug 2010

Re: Contract start date and EP approval

Postby ecureilx » Sat, 09 Sep 2017 6:28 pm

x9200 wrote:
sundaymorningstaple wrote:I have my doubts whether you would get paid. In Singapore all foreigners are hired based on the getting of a valid work pass. Without the work pass the contract cannot be said to be valid as it is violation of local laws.

So if I am on employment pass and do something that violates the law and I get deported, this would invalidate the contract and make the employer helpless in recovering any contract related damages?

IMHO the contract is valid and this is the problem of the parties to promise within the contract only what they could fulfill. This is why, most of the employment contract I have seen had a clause "subject to the pass approval".

PS. Of course, it may be some employment specific law that invalidates the contracts. On a more general ground, this would be odd.
Guess that's why companies employ lawyers to make sure situations like where the employee ends up suing the employer for salary payment , if the pass isn't approved on time...

User avatar
x9200
Moderator
Moderator
Posts: 9249
Joined: Mon, 07 Sep 2009
Location: Singapore

Re: Contract start date and EP approval

Postby x9200 » Sat, 09 Sep 2017 7:21 pm

For this specific situation I think it would be rather strange if the employee to be could get away from fulfilling the contract obligations just because his pass was invalided, de facto unconditionally, but weirder things could happen. Other than that, the earlier mentioned clause protects the employee in case his pass is not approved.


  • Similar Topics
    Replies
    Views
    Last post

Return to “Careers & Jobs in Singapore”

Who is online

Users browsing this forum: No registered users and 2 guests