MS,Mad Scientist wrote: For the second part, the first employer has to cancel the AIP with MOM in order the second one can be process.
SF, I was not sure but OP says it all. You have to get the first employer to cancel b4 the second one can applysingaporeflyer wrote:
But employer 2 can surely apply for an EP. No restriction on that.
Based on this:bhauranya wrote:
Am asking on behalf on my friend.
He recently job with a bank1 on consultant payroll, so he signed a contract with a joining date after 2 months.
The consultant has already got the IPA for EP.
After a week he got a direct employment with another bank2 with better pay and benefits.
Now this bank2 is in the process of applying IPA.
He spoke to the consultant and they are asking for 5.5k SGD(one month sal) to break the contract or else they will deal this legally.
Have a few concerns on this.
1) Will the IPA from the bank2 be approved as there is already one IPA approved from the consultant.
2) Does he have to pay the money or there is any other way out. What are the legal obligations if he doesnot pay the money?
Any inputs on these will be greatly appreciated.
You are in the clear, you didn't start working, so no need to pay your employer. Read this: <b>Hence the employer will not be able to claim notice pay or any compensation under the Employment Act.</b>
<b>If a new recruit who has signed the Letter of Employment fails to turn up for work</b>
If a new recruit has signed the letter of employment but subsequently informed the employer that he does not intend to start work with the company and failed to turn up on his first day of work, the Employment Act does not apply as the employer-employee relationship has not started.
Hence the employer will not be able to claim notice pay or any compensation under the Employment Act.
If the employer wishes to claim compensation from the recruit, he should pursue a civil claim through his own lawyer.
<b>Confirmation of Employees</b>
There is no provision in the Employment Act on the conditions for the confirmation of an employee in his job. An employee's confirmation will depend on the terms spelt out in the employment contract. The length of an employee's service is calculated from the date on which the employee starts work and not the date of confirmation.
This is absolute nonsense. Employment Contract supersedes Employment Actsgtrying wrote:
Hmmm.. Why MOM's <b>Letter of Employment</b> is not worded as <b>Employment Contract</b>? Are they different?
If you haven't signed an employment contract with Bank1, then I doubt you are legally bound. I'd confirm with bank2, tell bank1 you are backing out and to cancel EP appl.bhauranya wrote:Thanks everyone for your comments.
The issue is resolved now, my friend paid a month salary as per the contract to the consultant and came out of it.
I have a question on the similar lines. Unfortunately its my case this time.
Got a direct perm role with a bank:Accepted the offer letter 2 days back.
Bank has applied for IPA.
Today got another offer with bank2 direct perm role,
The position is one level above the first offer.
The bank is comparatively big and well known.
Salary is more by 500$-1k compared to first one.
I read the first offer letter and dint find any clause stating conditions of a individual taking up the offer and then wanting to withdraw.
But again the IPA needs to be taken care off.
Am confused. I know this is need to be sorted out by self, but still i would like to hear your suggestions which could help me to take a decision.
I see two options.
Not to complicate things and go with the first offer as committed.
Second is to find a way out of this complicated situation and go for the second offer.
Please suggest what is the best option. What would you do in this kind of situation?
Normally does not (unless stated otherwise) but this is simply irrelevant as not everything has to be claimed from the Employment Act. Likely it can be claimed as any other damage (if possible to prove) under general civil law statutes.Mad Scientist wrote: This is absolute nonsense. Employment Contract supersedes Employment Act
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