<NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Relocating, travelling or planning to make Singapore home? Discuss the criterias, passes or visa that is required.
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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by the observer » Sun, 11 Apr 2021 9:02 pm

simple_guy wrote:
Sun, 11 Apr 2021 8:20 pm
@Observer.
Are you sure this is the rule? I don't think MOM has anything to do with deputation/transfer while issuing IPA? If this the rule which you mentioned, the hiring company HR should also be aware. Also his/current company need not to place the strict rules of serving notice period in base location!
Apparently, refined in Nov 2020

The Singapore Ministry of Manpower (MOM) has recently refined the features of an intra-corporate transferee (ICT) for the purposes of the job-advertisement exemption under the Fair Consideration Framework (FCF).

https://assets.ey.com/content/dam/ey-s ... f?download

An overseas ICT is allowed entry into Singapore on a temporary basis, for a period strictly limited to the provision under the applicable trade agreement. An overseas ICT is also generally not eligible for future employment in Singapore after the expiry / termination of their work pass, or for permanent residency.

https://www.mom.gov.sg/faq/fair-conside ... sferee-ict

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by Rdxx » Sun, 11 Apr 2021 9:21 pm

simple_guy wrote:
Sun, 11 Apr 2021 8:20 pm
@Observer.
Are you sure this is the rule? I don't think MOM has anything to do with deputation/transfer while issuing IPA? If this the rule which you mentioned, the hiring company HR should also be aware.
Yes, I too feel the same. If that's a rule, hiring company would be aware of it by now. HR even told me that I would get my IPA within 10 working days!

Back to my initial query - will I be able to convince my HR to let me stay in SG for the notice period?

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by the observer » Sun, 11 Apr 2021 9:24 pm

Rdxx wrote:
Sun, 11 Apr 2021 9:21 pm
simple_guy wrote:
Sun, 11 Apr 2021 8:20 pm
@Observer.
Are you sure this is the rule? I don't think MOM has anything to do with deputation/transfer while issuing IPA? If this the rule which you mentioned, the hiring company HR should also be aware.
Yes, I too feel the same. If that's a rule, hiring company would be aware of it by now. HR even told me that I would get my IPA within 10 working days!

Back to my initial query - will I be able to convince my HR to let me stay in SG for the notice period?
=D>

Best of luck.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by simple_guy » Sun, 11 Apr 2021 9:32 pm

@Rdxx, don't you think its depend on your HR how s/he takes it. If they want to set an example they may send you back to make it difficult for other employees (as well) changing job over here?

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by singaporeflyer » Sun, 11 Apr 2021 9:34 pm

Rdxx wrote:
Sun, 11 Apr 2021 9:21 pm
simple_guy wrote:
Sun, 11 Apr 2021 8:20 pm
@Observer.
Are you sure this is the rule? I don't think MOM has anything to do with deputation/transfer while issuing IPA? If this the rule which you mentioned, the hiring company HR should also be aware.
Yes, I too feel the same. If that's a rule, hiring company would be aware of it by now. HR even told me that I would get my IPA within 10 working days!

Back to my initial query - will I be able to convince my HR to let me stay in SG for the notice period?
What will you do for the 2 months vs 3 months notice mismatch?

New company HR will know it is a intracompany corporate transfer only if you tell them. Secondly, not many come to SG via that route. So dont expect the new company HR to ask you this question.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by the observer » Sun, 11 Apr 2021 10:11 pm

To me, the stated article is crystal clear.

If you get your new work pass, I don’t see a point in publishing that piece.

Unless I have problem understanding basic English. That itself implies a bigger problem with myself.

In any case, best of luck.
To err is human, and they’ve just paid out 370 million to the wrong blokes. #-o

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by Rdxx » Mon, 12 Apr 2021 3:15 am

@"the observer"
An overseas ICT is allowed entry into Singapore on a temporary basis, for a period strictly limited to the provision under the applicable trade agreement. An overseas ICT is also generally not eligible for future employment in Singapore after the expiry / termination of their work pass, or for permanent residency.

https://www.mom.gov.sg/faq/fair-conside ... sferee-ict
Hmmm yeah, looks clear. Thanks for sharing this.
Btw, let's say if I do get my IPA, and I resign and my current EP is cancelled shortly thereafter, I join the new company but my new EP application would fail right?

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by Rdxx » Mon, 12 Apr 2021 3:22 am

https://assets.ey.com/content/dam/ey-s ... f?download

Should a foreign employee not meet the definition of an ICT or not
be agreeable to the features of an ICT
, an EP may still be obtained
through the non-ICT option. That is, a 28-day job advertisement will
be required before the EP application can be submitted.

Not sure what exactly the above means. Not be agreeable?

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by the observer » Mon, 12 Apr 2021 7:10 am

Rdxx wrote:
Mon, 12 Apr 2021 3:22 am
https://assets.ey.com/content/dam/ey-s ... f?download

Should a foreign employee not meet the definition of an ICT or not
be agreeable to the features of an ICT
, an EP may still be obtained
through the non-ICT option. That is, a 28-day job advertisement will
be required before the EP application can be submitted.

Not sure what exactly the above means. Not be agreeable?
It wouldn’t apply to you anymore because you are already working for your present co as an ICT

But new hires from abroad would have been asked whether they wanted an EP or be a intra company transfer.
Last edited by the observer on Mon, 12 Apr 2021 7:15 am, edited 1 time in total.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by the observer » Mon, 12 Apr 2021 7:12 am

Rdxx wrote:
Mon, 12 Apr 2021 3:15 am
@"the observer"
An overseas ICT is allowed entry into Singapore on a temporary basis, for a period strictly limited to the provision under the applicable trade agreement. An overseas ICT is also generally not eligible for future employment in Singapore after the expiry / termination of their work pass, or for permanent residency.

https://www.mom.gov.sg/faq/fair-conside ... sferee-ict
Hmmm yeah, looks clear. Thanks for sharing this.
Btw, let's say if I do get my IPA, and I resign and my current EP is cancelled shortly thereafter, I join the new company but my new EP application would fail right?
Your IPA is your EP isn’t it. If you get your IPA, it means you’re good to get an EP.

If you don’t get your IPA, it’s because of this.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by Rdxx » Mon, 12 Apr 2021 9:45 am

the observer wrote:
Mon, 12 Apr 2021 7:12 am

Your IPA is your EP isn’t it. If you get your IPA, it means you’re good to get an EP.

If you don’t get your IPA, it’s because of this.
Right right. Let's see how it goes. Will keep you guys posted on the results 8-)

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by smoulder » Mon, 12 Apr 2021 10:58 pm

Rdxx wrote:
Sun, 11 Apr 2021 1:31 am
Hi All,
I'm new here. Been going through all the posts. And thought , why not ask here :roll:

I'm currently working in SG on EP for an Indian based IT company. I have got an offer in a MNC and accepted the offer letter too(joining date in 2 months) and HR has initiated for EP last week. ( Waiting for IPA to submit resignation)

Well, the problem is this - My notice period is 3 months. And going by the current trend, I'm being told that whoever resigns is asked to travel back to India and serve the notice period.

Can I stay stubborn and tell my HR that I can't go back to India citing the Covid situation and I can serve notice period here. And then ask if he/she is OK for 2 months notice or even lesser.
Or if I have a medical condition which advises against travelling, will it help make the HR agree?

What other options do I have?(is there any?!) ](*,)
Off the top of my head, they told me something similar when I was in a similar situation as you. However, like me, I'm guessing that you are allocated to a project. And what it meant for me was that they needed me to be in Singapore. It would have been senseless to send me back to India to serve a notice period. Which is why they did not do that.

In my case, coincidentally, my project was also winding down within about a month, which also meant that it was even more senseless to have me serve a 3 month notice period without a project allocation. Which is why they didn't enforce that and let me off in about a month with no financial penalties.

I basically spoke to my manager and he was supportive. Of course he had me work pretty hard to ensure good documentation and hand over to the support team that took over after go live. I think that was a fair expectation and good for me too so that I could finish what I started.
Last edited by smoulder on Mon, 12 Apr 2021 11:16 pm, edited 1 time in total.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by smoulder » Mon, 12 Apr 2021 11:13 pm

singaporeflyer wrote:
Sun, 11 Apr 2021 9:34 pm
Rdxx wrote:
Sun, 11 Apr 2021 9:21 pm
simple_guy wrote:
Sun, 11 Apr 2021 8:20 pm
@Observer.
Are you sure this is the rule? I don't think MOM has anything to do with deputation/transfer while issuing IPA? If this the rule which you mentioned, the hiring company HR should also be aware.
Yes, I too feel the same. If that's a rule, hiring company would be aware of it by now. HR even told me that I would get my IPA within 10 working days!

Back to my initial query - will I be able to convince my HR to let me stay in SG for the notice period?
What will you do for the 2 months vs 3 months notice mismatch?

New company HR will know it is a intracompany corporate transfer only if you tell them. Secondly, not many come to SG via that route. So dont expect the new company HR to ask you this question.
Honestly, I would expect HR folks to be aware of this. Especially when they see who his employer is (insert usual suspect Indian MNCs) and his employment history.

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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by sundaymorningstaple » Tue, 13 Apr 2021 12:21 am

You would be surprised how uninformed the vast majority of HR folks here are. There are still heaps of employers you have to teach during the interview so they even know what the Letter of Consent is. Most Indian MNC HR folks know almost all the loopholes. But smoulder is correct in that is very strange that this one may not.
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Re: <NEED ADVICE> Expat - Got new job with joining date in 2 months, but has 3 months notice period

Post by Rdxx » Thu, 15 Apr 2021 1:30 am

I got my IPA day before yesterday and dropped my resignation,yet to hear from HR. And new hiring HR gave me few dates to choose from for the joining date. Luckily, I had a date 3 months from now and chose it.
Now, I'm thinking of ways to convince my current HR to let me serve notice period here.
Any ideas folks...

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