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Cancellation of S Pass -Approval In-Principle: I need help

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freshie_girl
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Cancellation of S Pass -Approval In-Principle: I need help

Postby freshie_girl » Fri, 11 Apr 2008 12:00 am

Hi, I am experiencing similar situation with the quoted situation below. My new employer cannot apply for my new pass without canceling the previous application. The former employer is offering below the correct salary of 1800 for S Pass(which breaks the law), so I decided to pursue the latter company. However, the former company had applied my pass with an agent and they are asking me to pay the fee in order to cancel the application. In the first place, they can apply through EP Online so they don't need to pay much for the agent. I don't have any idea about the agency thing.

I went to MOM and asked for advice. They said that I am not liable to pay that because there is no contract signed yet. I can also withdraw my application anytime because it is my right. The former company holds the Approve-In Principle letter. I know this is needed for me to cancel the application. But they won't give it to me unless I pay the agent's fee.

They are threatening to have me blacklisted but MOM said that the former company doesn't have any grounds. The former company said that they will lodge a complain to MOM against me.

I hope someone can help me. I need to cancel the previous application in order to have the new job.

They cannot force me to work for the former company nor pay the expensive agent's fee which is close to 1 month salary.

Thank you and I am hoping that someone can help a foreigner like me.
God bless

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Re: Cancellation of S Pass -Approval In-Principle: I need he

Postby jpatokal » Fri, 11 Apr 2008 9:08 pm

freshie_girl wrote:I went to MOM and asked for advice. They said that I am not liable to pay that because there is no contract signed yet. I can also withdraw my application anytime because it is my right. The former company holds the Approve-In Principle letter. I know this is needed for me to cancel the application. But they won't give it to me unless I pay the agent's fee.

So did you explain this to the MOM? It's the MOM who issued the AIP in the first place, it shouldn't be too hard for them to print up another copy for you.
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Cancellation of S Pass -Approval In-Principle

Postby freshie_girl » Fri, 11 Apr 2008 11:16 pm

I did explain it to them. MOM said to me that i should try to settle with the employer, but the employer is not cooperative and said that they will file a complain against me. I have written a letter to MOM and I am waiting for the result. I will try to go back on Mon, and see what they can do.

Can MOM cancel it without the help or consent of the company?

thanks

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Re: Cancellation of S Pass -Approval In-Principle

Postby ksl » Sat, 12 Apr 2008 12:44 am

freshie_girl wrote:I did explain it to them. MOM said to me that i should try to settle with the employer, but the employer is not cooperative and said that they will file a complain against me. I have written a letter to MOM and I am waiting for the result. I will try to go back on Mon, and see what they can do.

Can MOM cancel it without the help or consent of the company?

thanks


My belief, is that, the agents fee is not your problem, or the employers, until a contract is finalised....the issue at hand is between the employer and agent and not you.

I would inform the employer who is delaying the cancelation of the fact, that he does become liable, if he refuses to cancel the LOC within a reasonable time of you asking him to cancel. Do it in writing and take him to court.

The agents fees are between the employer and agent to sort out, because no employment contract is completed. I would say, even the employer is not liable for agents fees either, until a contract of employment is signed.

Stick to your guns...take them to court, you may lose the next job, but their is a good chance, the employer will get a hefty fine, and have to pay you some sort of sufference payment, if you lose out on applying for the position. Notice i say applying, because there are no guarantees you would get the position anyway, because that is MOM, that approves it. But the fact you cannot apply because the employer will not cancel, must be an offence in the eye's of MOM and yourself.

Only court will solve the issue do it, i certainly would, if MOM have informed you, that he must cancel and you are not liable for fees.

One thing always to remember is, the procedures are layed down, MOM will know these procedures, you have to know them too, to stay within the law...But if you are doing everything by the book, someone is breaking the rules...and is liable. Agent or Employer, in your case, it looks like the employer, not the agent or could be both...So take them both to the courts, but get advice from MOM..and in writing, is better, or record the conversation.....You need proof.

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jpatokal
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Postby jpatokal » Sun, 13 Apr 2008 2:41 pm

The agent is not your problem in any way, shape or form. You don't have a contract with the agent, the company does, and you're not financially responsible for the company's actions.

I would try to avoid going to court -- employment issues are not within the jurisdiction of the Small Claims Tribunal, so if your employer does not blink, the litigation would cost you a pretty penny and probably take way too long to be useful.
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Postby ksl » Mon, 14 Apr 2008 1:56 am

jpatokal wrote:The agent is not your problem in any way, shape or form. You don't have a contract with the agent, the company does, and you're not financially responsible for the company's actions.

I would try to avoid going to court -- employment issues are not within the jurisdiction of the Small Claims Tribunal, so if your employer does not blink, the litigation would cost you a pretty penny and probably take way too long to be useful.


Personally it would never get to court anyway...if MOM says, the person is in the write, and the employer is in the wrong...what do you think the employer will do? All that needs doing is to get it in writing from MOM, and then threaten him..he will soon get the message, either way, they have nothing to lose only the other job application.

Personally i would threaten him, that if I was to miss the application deadline...then he would be sued...It's a none starter in court, even if it was to cost alot, although it wouldn't even go that far.

Verbal communication is no good, they must send a letter to the employer, delivered by express registered mail, keeeping a copy of what is sent, with regards to canceling the EP asp, and giving a reasonable time to do it in, with a letter from MOM, just to show the employer is in the wrong and he will comply.

freshie_girl
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can MOM cancel my pass?

Postby freshie_girl » Tue, 15 Apr 2008 3:09 pm

can MOM cancel my pass automatically? without the consent of the employer?

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Re: can MOM cancel my pass?

Postby Strong Eagle » Tue, 15 Apr 2008 4:45 pm

freshie_girl wrote:can MOM cancel my pass automatically? without the consent of the employer?


MOM has the right to cancel a pass at their discretion. It would be unusual if you are gainfully employed but other factors such as involvement in a criminal enterprise or other crimes could cause you to lose the permit.

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Re: can MOM cancel my pass?

Postby ksl » Wed, 16 Apr 2008 12:01 am

freshie_girl wrote:can MOM cancel my pass automatically? without the consent of the employer?
There is no pass, because there is no employment contract, you haven't signed any contract...So you must tell MOM why you haven't and explain, what the employer is up to.

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Postby freshie_girl » Wed, 16 Apr 2008 5:02 pm

i went to MOM today and said that I should wait for 2 weeks, if the company will not reply to MOM in 2 weeks, they will cancel the IPA.

I hope it would not take time cos my Social Visit Pass will expire on May 1. I ahve already extended it online.
-----
need some advice..

freshie_girl
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Postby freshie_girl » Thu, 17 Apr 2008 11:05 pm

MOM said that I should for two weeks,, my social visit pass will expire on May 1,,,
i think i can't make it...


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