Employer not withdrawing my EP Application

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sanskar.verma
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Employer not withdrawing my EP Application

Post by sanskar.verma » Fri, 11 Dec 2020 5:19 pm

I am currently working as Software Engineer in Singapore in a startup since 3 years. Before that I did masters from NUS. In these covid times, my startup was in trouble, so they asked me to find a new job as it would be difficult to survive next year. (They are very nice people)
So I desperately started looking for a new job, unprepared. Then finally after many rejections, I got a job in a consultancy (Company A).

So I accepted the offer as I did not have any other offer at that moment. Within 5 days of accepting and signing I received another from a bigger and better company with better work (Company B).

Money was not a problem, but the work was way better and in alignment with what I currently do. The only reason I accepted Company A was that I was desperate and I had nothing else.

But after receiving an offer from Company B, I retracted the offer from Company A. Because of which I had to pay them 1-month salary as a fine, which I did immediately. I also asked them to withdraw my EP application (it had only been a week after I signed the offer letter). I assumed they will withdraw after receiving the penalty amount.

But now I received an email from company B that you have an EP application with MOM with status approved. They asked me to ask the other employer to withdraw first, then only then can continue with my application.

So I contacted Company A, but they have stopped replying to me. They don't pick up my calls. The person who was in contact with me has blocked me without replying.

What are the possible options here? I have all the emails of money transfer and offer rejection, etc.
Do I need to contact MOM?

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abbby
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Re: Employer not withdrawing my EP Application

Post by abbby » Fri, 11 Dec 2020 10:17 pm

Contact MOM to try resolve this. Sometimes only asking help from MOM will make the companies give in.
The secret of life is honesty and fair dealing. If you can fake that, you've got it made. - Groucho Marx (1890-1977)

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malcontent
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Re: Employer not withdrawing my EP Application

Post by malcontent » Sat, 12 Dec 2020 8:44 am

I was in a similar predicament back when I first moved here. Within a week of accepting one job offer, a better offer came through. Like your situation, the better offer was more aligned with my previous experience and had much better future prospects. I contacted the MOM and they said the first company must withdraw their application for an EP before any new ones can be processed. So I went back to that company and explained the situation. They were not happy about it, but grudgingly agreed to withdraw the application. I refused to leave without a copy of their letter to withdraw, because I knew they could sit on it. Later with the MOM they wanted to see that copy, so I was glad I had it. Unfortunately you won’t know when the first company submits that withdrawal, and they can drag their feet (to make you suffer). You also will never know for sure how much of a delay this will cause, because other factors can affect your application. However, at the very least you should expect some delay, possibly months. Although they won’t tell you, I believe the MOM takes a dim view of people who pull this kind of thing. I honestly hated to do it... but looking back 24 years later, I have zero regrets because I’m still at that same company. Had I stayed with the first offer, I have absolutely zero doubts that I’d be much worse off today.

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x9200
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Re: Employer not withdrawing my EP Application

Post by x9200 » Sat, 12 Dec 2020 9:40 am

sanskar.verma wrote:
Fri, 11 Dec 2020 5:19 pm
I am currently working as Software Engineer in Singapore in a startup since 3 years. Before that I did masters from NUS. In these covid times, my startup was in trouble, so they asked me to find a new job as it would be difficult to survive next year. (They are very nice people)
So I desperately started looking for a new job, unprepared. Then finally after many rejections, I got a job in a consultancy (Company A).

So I accepted the offer as I did not have any other offer at that moment. Within 5 days of accepting and signing I received another from a bigger and better company with better work (Company B).

Money was not a problem, but the work was way better and in alignment with what I currently do. The only reason I accepted Company A was that I was desperate and I had nothing else.

But after receiving an offer from Company B, I retracted the offer from Company A. Because of which I had to pay them 1-month salary as a fine, which I did immediately. I also asked them to withdraw my EP application (it had only been a week after I signed the offer letter). I assumed they will withdraw after receiving the penalty amount.

But now I received an email from company B that you have an EP application with MOM with status approved. They asked me to ask the other employer to withdraw first, then only then can continue with my application.

So I contacted Company A, but they have stopped replying to me. They don't pick up my calls. The person who was in contact with me has blocked me without replying.

What are the possible options here? I have all the emails of money transfer and offer rejection, etc.
Do I need to contact MOM?
As far as I know there is no way to force the company to cancel/withdraw the EP, but IMHO your very strong point is that you have paid them the penalty and unless there were some other contractual obligation this means you did your part. You may want to check it with a lawyer but in my opinion they may be now held responsible for the damages resulting from withholding the withdrawal. It is a bit tricky as you still don't have the second job secured (pending EP approval) but perhaps you should make the company realize this may cost them much more money you paid them for the penalty.

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sundaymorningstaple
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Re: Employer not withdrawing my EP Application

Post by sundaymorningstaple » Sat, 12 Dec 2020 5:39 pm

I would touch base with the MOM first before a lawyer. MOM has it's own court and lawyers are not permitted to represent either side (much the same as the SCT-Small Claims Tribunal).
Life isn't about avoiding the bruises. It's about collecting the scars to prove we showed up for it!

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