Employer refused me to join after receiving EP

We don’t know exactly what happened between the consultant and the client which is why client no longer to hire you. Either the project which they suppose to hire was scrapped or there was an issue hiring you.

Nevertheless, your case is something others should learn from it.
- Not sure what was communication between Consultant and the client. Was it clearly informed that you need to serve 2 months notice period before you could able to join. I have doubt on it
- Consultants are most of the time do unethical things and don’t follow the normal rules which applies between an employer and employee because their offer letter is always in their favour.
- You should thankful to your current employer that after this event, they still didn’t cancel your work pass. But, yes they may not trust your employment in Long run as they will think that in future you may jump the ship any time.
- You are here for one year only but you want to change your job which doesn’t give your profile a positive case, unless there was an issue with your existing employer.
- Try to stay at least 2yrs before you try to switch over.
- As you have never joined so technically the consultant won’t pay, unless it has written in offer letter - I doubt.
- Cancelling your work pass, the consultant would tell the MoM some reason (May be true or fake one) on why are they cancelling your pass. Reason could be anything like project plan stalled or client postponed hiring due to present market conditions etc.

In these cases, it’s very hard for you to fight. But, if you want then you can write the entire details to MoM with offer letter and other communications mail. Let MoM knows there are many unethical companies are here who are playing with employee’s career.

Good luck.

Thank you, Surya for your detailed reply.

The calculation for joining the client site was as below -

All the documents provided immediate next day after receiving the offer (around last week of Oct 19); Expected to get visa approval in one month and then after two months means somewhere at the end of Jan 20 I was supposed to join. 10 Days of buffer approval was already taken.
The consultant delayed the process of submission as well as in responding to MOM. Got approval in Jan 1st week( in 4-5 weeks) and I  resigned immediately. I was supposed to join in Feb 1st week. All of a sudden received a call from the consultant with this news.
The client was completely aware and knowing the fact that the candidate is taking extra efforts for joining the project on time.
I don't know who is in the fault but not me for sure.
I want to move on but still think to take some effort to update this to MOM but afraid if this would adversely impact my future EP application.

Thanks

It’s Upto MoM to understand the honest part from your end. I too understand your point of view as we never know whether these consultants or client can influence in this matter.

MoM won't help you here, as an employer has the right to cancel an EP at any time. Even if you complain to MoM and they follow your way of reasoning, they will not make you employed again - they'd just put a black mark on the e mployer's profile, which might make it more difficult for them to hire foreigners in future.
However, depending on what is written in your employment contract, you might be able to claim damages from the employer. The questions are:
- Is termination before your first day of work allowed by the employment contract?
- Is the notice period for termination one month?
To my understanding, if both questions are answered with "Yes", you may be entitled to the salary for the portion of the notice period which you would have otherwise worked. If the first question is answered "No", you might even get a full month salary.
But you'll have to engage a lawyer and fight a court case, which might cost you more money (and nerves!) than you get in the end.

Thanks, Beppi for your reply and apologies for addressing the forum after a long time.
The answer to your first question is " not mentioned specifically like that in the contract"
and the notice period as per the contract was of 30 days.
I discussed with the consultant and although he is willing to pay me one month's salary,  he is trying to escape by giving reasons like legally it's not allowed if you are on another employers  EP or we can only pay you if you are jobless and leaving back to your native country.
Do you think these are valid legal complications or he is just acting like that?

one more point I want to confirm -
How would I come to know the reason for the withdrawal of EP is the actual reason and not in their favor or against me? I can see the status as Withdrawn but can not see any explanation over there. 

Many thanks

You won’t able to know the real reason as it was your employer who has withdrawn your workpass. MoM doesn’t declare to employee either.

I think these are justexcuses they give for not paying. What they owe you is not employment income , but reimbursement for damages they caused, this have nothing to do with EP.

Thanks Surya and Beppi for your response and guidance. I am continuously in touch with my consultant but he is quite reluctant and keeps saying if you are jobless then furnish your documents like EP cancellation from your existing employer and I will submit your request to my finance team for proceeding for your claim.

I think I need to move on and forget about the reimbursement. I don't see any other option left in my hand.

If they are willing to pay then you should ask them after furnishing the documents.

Same time, continue your search. Good luck