Contract start date and EP approval

[rootuf]

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.

[ecureilx]

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]

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.

[Strong Eagle]

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.

[x9200]

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.

[ecureilx]

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

[sundaymorningstaple]

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.)

[x9200]

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.

[ecureilx]

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...

[x9200]

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.