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Employment Ban

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hungkai
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Employment Ban

Postby hungkai » Thu, 03 May 2012 2:07 am

Hey there, I hope you guys could give me some advice on what to do.

I am a Malaysian chinese and I graduated from NUS last year and I have a three year bond to serve for taking up the Tuition Grant with MOE.

Previously I signed a 2 year employment contract with a retail company. The terms in the contract were totally unfair. They demanded us to pay them the remain months left times the basic salary if we were to quit before the 2 years. At that point, I thought that it would be okay because I really enjoyed the prospect of the job. However, a month into the job, I realized that a career in retail is not something I want. Hence, I submitted a resignation letter.

But the management were furious and said they demanded me to pay them the compensation for breaching the contract. I told them that I cannot afford to pay them. Then they told me that they will give me a discount and I only have to pay them 3k. It is totally absurd. I left the company nonetheless and they never pursue me anymore.

Then, I found another job. Everything went well with the application but the new employer cannot issue me my S pass because my previous work permit as not cancelled. The ex employer didn't cancel my work permit and when I called them, they demanded me to pay them the compensation first before canceling it. I brought up the matter to MOM and they wrote them a letter. Weeks later, the work permit was cancelled but I was ask to leave the company because they couldn't wait that long.

I thought everything was settled. However, ever since then, my work pass applications rejected, thrice. One was was an appeal. Even when I substantiate the appeal with the 3 year bond I have to serve, the appeal was rejected.

Lo and behold, I found out that the ex employer submitted a complaint about me to MOM. When I try to probe further, MOM refuse to tell me more. I am at my wits end. I don't know what to do. I got a bond to serve but my work pass applications are always rejected.

What should I do? Is breaching a contract that severe that they placed a ban on me or something??

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JR8
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Re: Employment Ban

Postby JR8 » Thu, 03 May 2012 3:31 am

hungkai wrote:Hey there, I hope you guys could give me some advice on what to do.

I am a Malaysian chinese and I graduated from NUS last year and I have a three year bond to serve for taking up the Tuition Grant with MOE.

Previously I signed a 2 year employment contract with a retail company. The terms in the contract were totally unfair. They demanded us to pay them the remain months left times the basic salary if we were to quit before the 2 years. At that point, I thought that it would be okay because I really enjoyed the prospect of the job. However, a month into the job, I realized that a career in retail is not something I want. Hence, I submitted a resignation letter.

But the management were furious and said they demanded me to pay them the compensation for breaching the contract. I told them that I cannot afford to pay them. Then they told me that they will give me a discount and I only have to pay them 3k. It is totally absurd. I left the company nonetheless and they never pursue me anymore.

Then, I found another job. Everything went well with the application but the new employer cannot issue me my S pass because my previous work permit as not cancelled. The ex employer didn't cancel my work permit and when I called them, they demanded me to pay them the compensation first before canceling it. I brought up the matter to MOM and they wrote them a letter. Weeks later, the work permit was cancelled but I was ask to leave the company because they couldn't wait that long.

I thought everything was settled. However, ever since then, my work pass applications rejected, thrice. One was was an appeal. Even when I substantiate the appeal with the 3 year bond I have to serve, the appeal was rejected.

Lo and behold, I found out that the ex employer submitted a complaint about me to MOM. When I try to probe further, MOM refuse to tell me more. I am at my wits end. I don't know what to do. I got a bond to serve but my work pass applications are always rejected.

What should I do? Is breaching a contract that severe that they placed a ban on me or something??



You knowingly entered a contract for two years, and then decided after a month that you didn't like it so walked out. You then refused to pay the penalty clause that you'd originally agreed to, and that they apparently quite reasonably sought to settle on. Right?

My suggestion: grow up and understand the meaning of signing a contract. It is not an optional or take it or leave it thing, it is a legal obligation.

You've really shot yourself in the foot (IMO).

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sundaymorningstaple
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Postby sundaymorningstaple » Thu, 03 May 2012 7:01 am

^^^^

I concur.

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Postby the lynx » Thu, 03 May 2012 8:39 am

Sorry dude, as much as I agree that the conditions on early termination was a little harsh and unnecessary for a puny role in retails, you, my friend, asked for it.

You could have exercised some thought into this. You should have known that when it comes to contracts, the ones in black and white will rule. On hindsight, you should have suck it up for that 2 years or pay up.

And here's the bigger shit, your contract (as long as it didn't go below MOM's minimum requirements) will stand - forever. MOM will not interfere and the ban on you will remain indefinitely.

If you really hope to work in Singapore, work it out first with your former employer (and be prepared to have them documented). Otherwise, you have to be content with the idea of working in Malaysia or elsewhere (if you can).

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Postby nanamar » Thu, 03 May 2012 8:52 am

Now that we think that the bridges with MOM have been burned, you should start talking with the people from MOE who are responsible for administering your tuition grant. Ask them on how to proceed further with your bond obligation.

I know that they waive the bond if a person is unable to find a job over a period of 1 year (with proof of having diligently searched for jobs during that period of unemployment).

If it can be done, then you should get your bond waivered and start searching for work elsewhere. Sorry to be so blunt, but I really cannot see any other options.

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Postby x9200 » Thu, 03 May 2012 1:28 pm

Just for the reason he is jobless now he should have not the bond waved. I bet MOE may easily see it the same way.

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Postby popeyefan » Fri, 04 May 2012 10:32 pm

What is it about the MOE bond thing really? I have seen lots of people talking about it but most of them aren't sure either.

Does MOE waive off the obligation to work for three years in case the person in question is not able to find a job in a year- genuinely? Or is it case-to-case basis?

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Postby sundaymorningstaple » Fri, 04 May 2012 11:03 pm

I believe it is a case to case basis. that's why you cannot find anything written down.

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Postby nanamar » Mon, 07 May 2012 3:28 pm

sundaymorningstaple wrote:I believe it is a case to case basis. that's why you cannot find anything written down.


Yes. It is a case to case basis.

Normally, at the end of each school year, there is a briefing session for all the graduating students, conducted by MOE. I was at one of those for this year. During that time, the officers from MOE did mention it as an option, but very few such cases have come up so far. They mentioned that they normally would need documentary proof of atleast a few hundred job applications that you made during that period.

You can refer to this document: https://tgonline.moe.gov.sg/tgis/files/TG-FAQ.pdf for FAQs and Q24 should discuss about unemployment during the bond period.

(PS to the moderators: do not mind the IP address, I am on vacation)

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sundaymorningstaple
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Postby sundaymorningstaple » Mon, 07 May 2012 8:11 pm

:lol: So you live in Spammer Heaven do you? :wink:

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Postby nanamar » Mon, 07 May 2012 8:49 pm

or maybe here on a mission to eliminate them 8-)

Image

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sundaymorningstaple
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Postby sundaymorningstaple » Mon, 07 May 2012 9:06 pm

We can only wish! :cool:

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Postby nanamar » Mon, 07 May 2012 9:13 pm

sundaymorningstaple wrote:We can only wish! :cool:


hahaha :lol:

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Postby ausinsg » Fri, 18 May 2012 12:34 am

Hmm, The answer to Question 19 in that FAQ is quite interesting!

Q19 What types of employment will count towards serving of the Tuition Grant bond?
The following types of employment will be counted:
a) Local employment with a Singapore-registered company which is a: i. full-time employment (including full-time contract and temporary positions);
ii. part-time employment (2 days of part-time employment with a minimum of 4 hours of work per day, will be counted as serving 1 full day of the Tuition Grant bond);
iii. self-employment and which the company is registered with Accounting & Corporate Regulatory Authority (ACRA); or
iv. training or attachments where you receive some form of payments and it is not part of the subsidised course.
b) Overseas employment which is a: i. full-time employment as seconded by Singapore-based company and you remain
Q20
on Singapore’s company payroll;
ii. full-time employment by an overseas subsidiary or a joint venture of a Singapore- based company, where the overseas subsidiary company or joint venture is owned more than 50% by the Singapore-based company;
iii.
full-time employment by a representative office overseas that is set up wholly by the Singapore-based company, and you remain on Singapore’s company payroll. If your salary is paid by the overseas representative office, the overseas period can be counted towards serving the TG bond if the representative office’s operating cash flow is funded from the Singapore-based company.


My reading of that is all these former students on tuition grants can legally become freelancers if they set up a company! That is something that I never knew before.

Is that an accurate reading of it?


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