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is PR's job contract legally obliged to the employer?

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kenz.msi
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is PR's job contract legally obliged to the employer?

Postby kenz.msi » Tue, 18 Aug 2009 10:39 am

my experience is quite interesting, i got my PR approved at d same day when my previous employer gave me a 24hr notice for termination (which i prefer than to stay another 1 month there), so i got 2 month to complete the formalities, but where do i find an employer to sign on that? even i checked with ICA & they need an EP to verify that i'm currently under-employ, they dun care who the employer are...in 1 week time, i'm so lucky to get an employer to help me on this (to complete the formalities & apply an EP for me) but the problem is...i can't survive with the new job (which is only 1 month old) so the question is...CAN I RESIGN FROM THIS EMPLOYER FOR ANOTHER NEW JOB??? AM I LEGALLY BOUNDED TO THE EXISTING EMPLOYER??? (but problem is...i verbally promise to him that i'll not resign after i got the PR)...any advice is certainly welcome...THANKS!

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Postby sundaymorningstaple » Tue, 18 Aug 2009 11:49 am

Depends on the terms of your contract. Normally, if you have a probation period, it can range from 1 day to 3 months for either party (both employer and employee must be given the same terms in the contract. The minimum notice required by MOM under the Employment Act (only for those earning less that 2K or 4.5K for certain workmen) is 1 day's notice for the first 26 weeks of employment.

However, even if you have a notice period of 1 week or 1 month, there is nothing stopping you from breaking the contract by paying the employer the equivalent of the notice that you would have served. e.g., if you wanted to leave immediately, but are required to give 1 weeks notice by the terms of your contract, you can break that by paying the employer 1 weeks salary in lieu of notice.

sms

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Postby kenz.msi » Tue, 18 Aug 2009 12:08 pm

Thanks SMS,

The terms of contract mentioned probation is 3 month but subject to performance and shall extend to max of 6 months.

whereas for the termination of service, it's 2 weeks during the probation period or 1 month salary in lieu.

is the employer have the rights to cancel my PR? or take legal action cos of my verbal promises??? this question sounds funny but i'm really not sure they will do it or not, since u know construction company willing to do anything...haha.

Kenz

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Postby littlegreenman » Tue, 18 Aug 2009 2:08 pm

Your employer does not have the right to cancel your PR, in fact he can't cancel it. Once your employment sizes though your EP gets cancelled, not by your employer but by the Ministry of Manpower.

Your EP itself is tied to the job, you can't just change job but need to re-apply for a new EP as you might know, which is a bit of a gamble at the moment (a gamble I would not take). Usually the problem is that once your employment pass is cancelled, your PR application is cancelled with it, however I am not sure whether that is still the case if it was already approved. So that would need clarifying.

Among the FAQ on the ICA website I found the following

My SPR application has been approved. However, my employer refuses to sign the EP152. What should I do?
The purpose of the EP152 is for the applicants to confirm that they are still working in the same company as declared in their SPR application forms. If the employer refuses to sign the EP152, ICA is prepared to accept other forms of documentary evidence (e.g. a valid work pass, last 6 months' payslips, etc) of applicant's employment status.


So theoretically, if you complete your PR formalities straight away (like next week) and you show them proof of employment (your EP) you should be able to complete it. Then again you have already changed company since you applied, so that might be a problem (although you said they don't care).

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Postby kenz.msi » Tue, 18 Aug 2009 2:30 pm

I got my PR & IC number already, it was last month, i checked with most of my friends they agree with you that employer can't cancel the PR.

when i proceed with my formalities last month, i'm using the new EP which i got from this new job, so the ICA had collected it & i got my IC on d same day. so i assume EP can't be cancel anymore...but i'm not sure whether my SPR can be cancel by the existing employer???

previously what happen was i dun have the EP when i wanted to complete the PR formalities, only completed the EP152 signed by the new employer, we thought not need any EP, but ICA rejected it & insist i need an EP to confirmed that i'm under employment.

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Postby littlegreenman » Tue, 18 Aug 2009 3:25 pm

kenz.msi wrote:I got my PR & IC number already, it was last month, i checked with most of my friends they agree with you that employer can't cancel the PR.

when i proceed with my formalities last month, i'm using the new EP which i got from this new job, so the ICA had collected it & i got my IC on d same day. so i assume EP can't be cancel anymore...but i'm not sure whether my SPR can be cancel by the existing employer???

previously what happen was i dun have the EP when i wanted to complete the PR formalities, only completed the EP152 signed by the new employer, we thought not need any EP, but ICA rejected it & insist i need an EP to confirmed that i'm under employment.


You need to use better English as otherwise people do not understand what you are saying (neither SMS, nor myself got it and we are native speakers).

So you are saying you completed your PR process already and you have your IC? Then what are you on about? Permanent Residence is granted to you by the government and it does not have anything to do with your employer once it has been completed. You do not need an EP after you have become PR and your employer can't do sh1t about you being PR. You are a permanent resident now and can quit a job and take up any other. You should also have your re-entry permit by now, that is the only thing where you have to give proof of employment for the renewal once you completed your PR formalities. But a new re-entry permit is usually valid for 5 years, so nothing you have to worry about currently.

Bottom line: if you already completed your PR formalities then this is it. You can take up and quit any employment you want.

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Postby kenz.msi » Tue, 18 Aug 2009 3:42 pm

Thanks for your comments, i'll work harder to improve my english.

Yes, i already got my PR, IC & 5 years re-entry permit.

Yup, will make sure i'm still on a job as a proof for the renewal of re-entry permit.

Thanks a lot!

Kenz

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Postby econoMIC » Sun, 04 Oct 2009 11:30 pm

No need to double post. See your other thread for reply.
a.k.a. littlegreenman


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