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Resignation

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person.singapore
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Postby person.singapore » Mon, 13 Sep 2010 2:10 am

Thanks ksl for the advice. I will surely go to MOM and inquire my situation.


By the way, is racial discrimination could also be a grounds for breaking free from contract? In my first day, the manager already said something bad about my nationality, and the manager said it to me in front of other employees

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Postby sundaymorningstaple » Mon, 13 Sep 2010 7:06 am

Frankly, you need to go home if you are that touchy about race. It happens every day here.

If you go to MOM, one of two things will happen. a) you will get sent home for breaking the law. OR

b), you will be locked up for a while, then you will be sent home.


The problem is, when you received your AIP you should have read it. It quite bluntly tells you that it is NOT something you can go to work with UNLESS it specifically state you can. I believe ONLY Work Permits (WP's) are occasionally give permission to work before processing is finished. You have knowingly broken the law here. (Feigning ignorance wont work as it's spelled out in the AIP.

So Tread carefully, else you find yourself in the government hotel otherwise known as the slammer!

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Postby x9200 » Mon, 13 Sep 2010 8:13 am

person.singapore wrote:Thanks elbi. Does this mean, the Employer-Employee relationship has not yet started? Even I already reported four days of work to the company.

And as such, I can resign without causing me legal implications based on the contract(<b>i.e. 6 months compensation to company</b>)?

And even though the contract states that the employment started on the date of signing the contract?

It is irrelevant (makes no difference) whether the employer-employee relationship has started or not. Even in the part you quoted here it clearly says that the employer can seek the compensation via civil lawsuit. So if you would get your EP and never show up at work he still can do this. Effectively. Whether he gets the full 6 months compensation is a different story.
Your only hope is based on the fact of the illegal employment so go to MOM as advised.... and be prepared to suffer some consequences.
Oh, and telling something bad about your nationality is not a racism.

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Postby person.singapore » Mon, 13 Sep 2010 9:42 am

The problem is, when you received your AIP you should have read it. It quite bluntly tells you that it is NOT something you can go to work with UNLESS it specifically state you can. I believe ONLY Work Permits (WP's) are occasionally give permission to work before processing is finished. You have knowingly broken the law here. (Feigning ignorance wont work as it's spelled out in the AIP.


Really, I don't know that I break the law. In fact, they haven't give me the IPA yet, but they tell me that I can start working because they sent me an e-mail that my IPA is approved and as such I can start working. I just act in good faith, I trust their word, that's why I started going to work. Then after my first day of work, I asked about my IPA, they said they will give me my IPA after I have my medical exam.

How could I knowingly violate the law, if they haven't handed me the IPA (where it states that it is illegal to work without an EP yet) ?

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Postby sundaymorningstaple » Mon, 13 Sep 2010 10:34 am

Even worse. You came into the country and starting working illegally with a work visa or even an in principle approval (AIP). Surely you cannot be so stupid as to not know that you needed proper documentation to allow you to work in another country? As you seem to know how to use the internet, then feigning ignorance doesn't hold any sway at all. Instead, you best start worrying how to remain out of jail as an illegal worker until you can safely get out of the country. If you get caught, you will be forever banned from Singapore after your release from jail.

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Postby person.singapore » Mon, 13 Sep 2010 10:58 am

sundaymorningstaple wrote:Even worse. You came into the country and starting working illegally with a work visa or even an in principle approval (AIP). Surely you cannot be so stupid as to not know that you needed proper documentation to allow you to work in another country? As you seem to know how to use the internet, then feigning ignorance doesn't hold any sway at all. Instead, you best start worrying how to remain out of jail as an illegal worker until you can safely get out of the country. If you get caught, you will be forever banned from Singapore after your release from jail.


My friend, they told me I can go to work because they said my IPA is already approved. My thinking really is I can start working, they signed me a contract, then as soon the IPA is approved they said I can start to work. When they sent me an e-mail that my IPA is approved they said I can start working. So I report to office as soon they told me that; now when I asked them(on my first day to office) about my IPA, they said I need to have medical check first.


It's my first time here, even I'm computer-savvy I don't know the nuances of employment procedure for a foreigner here.

I don't stay here illegally, I still have 15 days(from now) of stay as stamped on my passport by immigration officer when I arrived here

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Postby ksl » Mon, 13 Sep 2010 12:53 pm

person.singapore wrote:
sundaymorningstaple wrote:Even worse. You came into the country and starting working illegally with a work visa or even an in principle approval (AIP). Surely you cannot be so stupid as to not know that you needed proper documentation to allow you to work in another country? As you seem to know how to use the internet, then feigning ignorance doesn't hold any sway at all. Instead, you best start worrying how to remain out of jail as an illegal worker until you can safely get out of the country. If you get caught, you will be forever banned from Singapore after your release from jail.


My friend, they told me I can go to work because they said my IPA is already approved. My thinking really is I can start working, they signed me a contract, then as soon the IPA is approved they said I can start to work. When they sent me an e-mail that my IPA is approved they said I can start working. So I report to office as soon they told me that; now when I asked them(on my first day to office) about my IPA, they said I need to have medical check first.


It's my first time here, even I'm computer-savvy I don't know the nuances of employment procedure for a foreigner here.

I don't stay here illegally, I still have 15 days(from now) of stay as stamped on my passport by immigration officer when I arrived here
The emails between you and the company will need to be produced if it goes that far that you have to report them, just follow your gut feeling when talking to the company, they are not in a position to argue if you go down they go down its as simple as that, it appears that they have been using you, and if what you say is correct about the emails, you should be okay.

As the emails clearly say your AIP is approved and you can start work, rests on the company, not you, as they are the ones responsible for your sponsorship. Though if you have no proof by communication, is another matter. Either way your company will be more worried than you should be, you only get jail if you have knowingly committed the crime like taking less money in income than was declared and such things..

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Postby sundaymorningstaple » Mon, 13 Sep 2010 4:56 pm

ksl wrote:Either way your company will be more worried than you should be, you only get jail if you have knowingly committed the crime like taking less money in income than was declared and such things..


Wanna bet we're talking about a probable "S" pass holder and I'll be willing to bet that the above is probably the case as well. Sounds like a real slimeball company to me. :-|

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Postby Mad Scientist » Mon, 13 Sep 2010 6:26 pm

person.singapore wrote:My friend, they told me I can go to work because they said my IPA is already approved. My thinking really is I can start working, they signed me a contract, then as soon the IPA is approved they said I can start to work. When they sent me an e-mail that my IPA is approved they said I can start working. So I report to office as soon they told me that; now when I asked them(on my first day to office) about my IPA, they said I need to have medical check first.


It's my first time here, even I'm computer-savvy I don't know the nuances of employment procedure for a foreigner here.

I don't stay here illegally, I still have 15 days(from now) of stay as stamped on my passport by immigration officer when I arrived here


You are really something, KSL ,SMS and many others including myself on your other thread have replied to you the legality of it and its repercussion. We even go to the extent of finding a solution.I am really amused by your constant denial of the fact that you are pleading ignorance to the law itself. Rather than going for constant denial , take it on the chin and get it solve. It is no point explaining to us as we are not MOM.
The positive thinker sees the invisible, feels the intangible, and achieves the impossible.Yahoo !!!

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Postby WO » Sun, 26 Sep 2010 12:23 am

Hi everyone,

I would like to quit my current job due to big disagreements with my boss and poor working environment. However, I have to give 2 months advance notice and pay back for my plane ticket to Singapore (USD2K) if I quit before the 2 years contract expired.

I can get fired in many ways, we all know that but I plan to apply for PR. My company's policy establishes that if I don't show up at work for 3 days and don't provide a valid reason I will be fired immediately.

My question is:

Will this affect my future PR application?

Once I get a job after leaving my current company, will I have any added difficulties in getting a new EP?

Will my company be able to claim any money from me?

This is not the way I like to do things but times are tough.

Any input on this? I really appreciate your advice.

Thank you

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Postby sundaymorningstaple » Sun, 26 Sep 2010 1:06 am

WO wrote:Hi everyone,

I would like to quit my current job due to big disagreements with my boss and poor working environment. However, I have to give 2 months advance notice and pay back for my plane ticket to Singapore (USD2K) if I quit before the 2 years contract expired.

I can get fired in many ways, we all know that but I plan to apply for PR. My company's policy establishes that if I don't show up at work for 3 days and don't provide a valid reason I will be fired immediately.

My question is:

Will this affect my future PR application? Probably.

Once I get a job after leaving my current company, will I have any added difficulties in getting a new EP?

You could, even without the current problem, be unsuccessful..

Will my company be able to claim any money from me?

If it's enough, yes they can. They can take you through the civil courts as you will be proven in court that you deliberately broke the contract in order to join another company. They will get you for the contract breakage codicil of 2 months as well as the airline ticket costs AND probably costs as well. You deliberately break a contract at your own peril. And, it become part of your record and the new employer might well be wary of picking up a guy who is a known contract breaker.

This is not the way I like to do things but times are tough.

Any input on this? I really appreciate your advice.

Thank you


sms

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Postby WO » Mon, 27 Sep 2010 11:10 am

Thanks for your reply.

I want to leave this company as soon as possible. However, I have the feeling that my boss will fire me before that. I was given 2 written notice for being late to work. I was told that at the 3rd one I would be asked to leave.

I guess my question has more to do with being fired and not as much as in how to get myself fired.

As an EP holder, if you get fired from work will there be any track of the reason why that will make it harder to get a new EP once found an sponsor?

Thank you

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Postby singaporeflyer » Mon, 27 Sep 2010 11:54 am

WO wrote:Thanks for your reply.

I want to leave this company as soon as possible. However, I have the feeling that my boss will fire me before that. I was given 2 written notice for being late to work. I was told that at the 3rd one I would be asked to leave.

I guess my question has more to do with being fired and not as much as in how to get myself fired.

As an EP holder, if you get fired from work will there be any track of the reason why that will make it harder to get a new EP once found an sponsor?

Thank you


Read through the forum and you will understand that the government is restricting the inflow of foreign talents and have tightened up the granting of EP's for the past few months.

As SMS has said many times in this forum. EP approval is a 2 step process. first step you have to have all the qualifications and experience for the job and which is of demand in Singapore. Secondly your employer has to prove to MOM that he was not able to find local talent with this skill set and that is why he is hiring you. Only if both these conditions are satisfied EP may be approved.


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