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EP cancelled during notice period

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dman007
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EP cancelled during notice period

Postby dman007 » Sat, 09 Mar 2013 12:42 am

Hi all,
I would appreciate some advice.
I resigned from my present company on 28th Feb.
I was serving my 1 month notice with my present company, and have receieved an IPA letter from the new company I'll be joining in April.

But yesterday, my HR exec told me she'd cancelled my EP by mistake.
What happens now?
I don't serve any notice, right?

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Wd40
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Postby Wd40 » Sat, 09 Mar 2013 11:14 am

There are 2 aspects:
1) your contract with the company and its terms and conditions
2) the rules and regulations with MoM

No 2) obviously overides No 1)

Now according to MoM rules, you cannot work for a company even 1 day after EP is cancelled. So now you just tell your company that since they have cancelled the EP, you are not going to work there anymore as it would be against MoM rules and if you do continue to work then both you and the company are in trouble.

Also since it was the company that cancelled the EP during the notice period so they are the "cause" for breaking the T&C of the employment contract b/w you and the company so you can request them to pay your salary in full for the notice period.

Its really tricky, I dont know how it will turn out. But the best case scenario for you is they pay you for free for the notice period duration. Worst case is they just dont pay you for the notice period duration and just terminate your contract immediately.

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JR8
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Re: Pls Help! My EP cancelled during notice period

Postby JR8 » Sat, 09 Mar 2013 9:37 pm

dman007 wrote:Hi all,
I would appreciate some advice.
I resigned from my present company on 28th Feb.
I was serving my 1 month notice with my present company, and have receieved an IPA letter from the new company I'll be joining in April.

But yesterday, my HR exec told me she'd cancelled my EP by mistake.
What happens now?
I don't serve any notice, right?


Usually when an EP expires or is canceled you're automatically given a 30 day SVP (they write, and the letter serves as the SVP (no need for any chop in the passport)). You need to consider how or why that hasn't happened.

AFAIK you cannot legally work on an SVP. Neither can you receive employment income.

I think the HR has created a mess of a situation, and they have to address it 'like now'! Because if you work in breach of the rules, it could come back and really bite you later.

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sundaymorningstaple
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Re: EP cancelled during notice period

Postby sundaymorningstaple » Sat, 09 Mar 2013 10:58 pm

dman007 wrote:Hi all,
I would appreciate some advice.
I resigned from my present company on 28th Feb.
I was serving my 1 month notice with my present company, and have receieved an IPA letter from the new company I'll be joining in April.

But yesterday, my HR exec told me she'd cancelled my EP by mistake.
What happens now?
I don't serve any notice, right?


Okay. Here is the skinny.

I am assuming that your contract was legal in the eyes of the MOM, e.g., one month's notice is required by either party. Is is supposed to be equal in the eyes of the MOM. Therefore, you were working out your required one month's notice.

The employer has, mistakenly or otherwise, canceled your EP whilst you are still employed, therefore, terminating your contract without giving you due notice as required by the terms of your employment contract. As such, the Employer must, by law, pay you the equivalent salary in lieu of notice not yet served, e.g., from the date of cancellation of your EP till your original final date, AND any and all accrued leave still outstanding with immediate effect.

Otherwise, you should report them to the MOM immediately for clarification and further instructions. But DO NOT CONTINUE TO WORK IN ANY CASE as you will be violating immigration laws and could be bounced out of the country, which is not what you want I don't think.

dman007
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Postby dman007 » Mon, 11 Mar 2013 8:30 am

OK, thanks a lot for the replies. I fully agree and based on my discussions with others too, now its a matter of getting a clean release ( just clear my dues until the last day) vs a slightly messy one (give me the notice salary).

Cheers !

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Sergei82
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Postby Sergei82 » Mon, 11 Mar 2013 10:31 am

I had a similar issue a few years back: HR called MOM (who the hell asked her to do that?) to tell I've started my notice period, and heard MOM officer yelling at her on the phone to cancel my EP IMMEDIATELY, and that is what she did right away, despite my contract. Got my salary for the month ahead at least. HR was so stupid that she informed me that my EP is cancelled only 2 days after she did so.

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Mi Amigo
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Postby Mi Amigo » Mon, 11 Mar 2013 10:34 am

Unbelievable incompetence. :roll:

dman007, perhaps you could post an update once you've got everything sorted out and you are in your new employment - this might be helpful to others in a similar position in the future.

Good luck.
Be careful what you wish for

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Postby dman007 » Mon, 11 Mar 2013 4:49 pm

UPDATE

My boss was so selfish, he knew about my situation already, but wasn't concerned as long as I could finish some work, even if it was illegal. He's like "Its between you and the HR" Way to go!

So, I told the HR its a hell of a risk for both of us. I'll get deported, and they'll get blacklisted.
She agreed to let me go immediately, and pay my dues including a months notice pay.

Fortunately, the Short Term Visit Pass I got covers me until the first week of April, so I can start work.

So I'll be bidding farewell at the office today, gather my things and enjoy a 3 week holiday before I start work at the other side.

Funny thing is, I can't even keep track of the number of face palms I saw today. My colleagues were all :shock: when they heard of the mess the HR had made. She apparently canceled it a few days ago, and told me on the 8th.

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JR8
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Postby JR8 » Mon, 11 Mar 2013 5:21 pm

Good result! :)

Now why not plan a mini-adventure trip, to make best use of some of this 'windfall' paid holiday? Learning to dive, or visiting Angkor Wat?... and so on.

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Mi Amigo
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Postby Mi Amigo » Mon, 11 Mar 2013 5:44 pm

JR8 wrote:Good result! :)

Now why not plan a mini-adventure trip, to make best use of some of this 'windfall' paid holiday? Learning to dive, or visiting Angkor Wat?... and so on.

^^^ +1

...Although it it were me I'd probably also touch base with the new employer and check the MOM website, just to make sure that there are no hiccups with the new EP.
Be careful what you wish for

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sundaymorningstaple
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Postby sundaymorningstaple » Mon, 11 Mar 2013 5:50 pm

^^^ +1
^^^ +1

:cool:

dman007
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Postby dman007 » Mon, 11 Mar 2013 6:04 pm

Mi Amigo wrote:
JR8 wrote:Good result! :)

Now why not plan a mini-adventure trip, to make best use of some of this 'windfall' paid holiday? Learning to dive, or visiting Angkor Wat?... and so on.

^^^ +1

...Although it it were me I'd probably also touch base with the new employer and check the MOM website, just to make sure that there are no hiccups with the new EP.


Haha..good suggestions....but I may have to stay in Singapore because the visa only provides a disembarkation approval.
My new employer already knows of the fiasco, and was relieved to know I have a visa till 4th April. I have a copy of the IPA letter as well.


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