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Re apply for PR

Relocating, travelling or planning to make Singapore home? Discuss the criterias, passes or visa that is required.
akrapovic
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Postby akrapovic » Thu, 23 May 2013 9:02 am

acc acca wrote:Hi, i have obtained my REP & a NRIC number after PR formalities. Blue IC to be collected in July.

I have tendered my resignation, and my employer threaten me that she will get her way to revoke my SPR status shall i resign.

1. Can i know if she can file complaint or do anything to my SPR status?
2. Can i leave the company now before getting my blue IC?
3. will i face difficulties when collecting my blue IC?

Wish to leave my present company ASAP as i have accepted a job offer.

Thanks.


By the way, collecting at the post office would be much faster..

1) Yes, she can file a complaint but no, it wont affect your SPR(Unless it's a criminal offence)
2) Anytime
3) No.

Side note, petty boss u have..

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sundaymorningstaple
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Postby sundaymorningstaple » Thu, 23 May 2013 9:17 am

akrapovic wrote:
acc acca wrote:I have tendered my resignation, and my employer threaten me that she will get her way to revoke my SPR status shall i resign.


Side note, petty boss u have..


This seems to be a recurring theme. I wonder if it has something to do with some foreigners with entitlement complexes and thinking they are dog's gift to the expat world...... I know, I often have interviews that don't get a call back even though they are eminently qualified for the position, but their attitude/carriage, even in the interview, lets me know that they will be a regular PIA once they have the position, therefore, I give 'em a pass.

acc acca
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Postby acc acca » Thu, 23 May 2013 2:29 pm

dear experts,

need your advise:

basic background:
-tendered resignation in Mid Jan, suppose to serve 2 months notice up to Mid March. told boss that i'll leave after she got a placement. but no placement was found since then.
-got PR recently & give my boss another resignation letter, stated that "on top of my resignation in Jan, now giving the company addition 1 week notice".
-letter was accepted by boss, and today should be my last day. heaven knows, she told me today that she doesn't agree to 1 week notice, need to serve 2 months instead. (she didn't open the letter & presume i state 2 months)

Can i know:
1. who has a stronger position in this case?
2. can she argue that the 1st letter is lapsed and no longer valid, and i am required to serve 2 months?
3. when i check with her in March on the notice period i need to serve, she simply answer "very long" [1 week is long enough for me ]
4. what can i do now if i have accepted another offer?
5. what will be the worse case she will do to me?

p/s: employment contract stated that we need to serve full notice, no notice in lieu, cannot offset unutilized leave. BUT she can terminate a staff by giving notice or notice in lieu.

is this consider unfair contract? is it enforceable?

thanks and appreciate your advise.

AngMoG
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Postby AngMoG » Thu, 23 May 2013 3:05 pm

acc acca, I think you navigated yourself into not a very favorable position here. From what you are saying, it looks like your last day was supposed to be in mid March. You should have left then. Legally speaking, it seems that you both then verbally agreed to continue the employment. Had you done that in writing, you could have agreed on a shorter notice period. But you did not, and so the clause of your original contract is in force.

As such, you need to serve another resignation letter stating two months notice period - just make sure that this time you follow through on it, i.e. on the day after your stated last day, you do not go to the office anymore. There is nothing your boss can legally do if you do that. (I say "legally" since of course she can try to withhold your salary or similar, but that would be her breaking the law.)

The matter of the unfair employment contract is not a strong argument in Singapore, I am afraid. Essentially, you agreed to it and are bound by it. Unless somebody else can chime in with actual experience with this kind of contract situation.

If you want to simply "walk out", i.e. quit without notice, or quit with short notice, you are essentially breaking the contract, and would be liable to at least the two months' salary. If that is your intention, I suggest you contact a lawyer.

You should ask your future employer to wait for you, but it is up to them to accept that or not. I hope you learn from this in the future.

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Postby acc acca » Thu, 23 May 2013 3:12 pm

Hi AngMoG,

did u mean that the 1st letter is lapsed and no longer valid?

even though i stay 1 more day with the company and i'll need to serve another 2 months?

AngMoG
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Postby AngMoG » Thu, 23 May 2013 4:18 pm

acc acca wrote:Hi AngMoG,

did u mean that the 1st letter is lapsed and no longer valid?

even though i stay 1 more day with the company and i'll need to serve another 2 months?


Well, one day could be a border-line case. But as in your case, you stayed more than two months past your "last day", so I think the original resignation can be considered as no longer valid/current (I would not necessarily call it "lapsed", this has some strange implications).


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