EP Job change - India based deputation

Last activity 15 April 2021 by Shekhz

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Rohh12septNew member07 February 2021 07:18:14

Hi,

Need your guidance on following-

I am staying in SG since last 2 yrs on EP. I am on deputation of India based company. I got a new opportunity here and want to change but below are the challenges:

Part 1
1. Company is asking me to travel back to India basis below clause if I decide to resign

"Till the time you are on payroll of an Indian company who has sent you to a termed deputation, you are covered by the Indian Labor laws. This means, you can submit your resignation to your HR in the home geography (India)"

2. New company is ready to get IPA and then asking me to resign , serve notice period and then join

3. In my deputation letter it says that if I decide to resign then I need to serve notice period mentioned in appointment letter or pay 2 months salary and buyout.

4. My new employer is ready to buyout but company still insist me to travel back to India basis above requirement that too with own expenses

In current situation, it's difficult to travel back to India and it has lot of risk for family and uncertainty on flights and period

Please suggest.

Part 2
Also it will better to get guidance on below:
1. What is the validity of IPA letter? Will it start from date of insurance or basis joining date of new company

2 Are thr any chances of EP Inssuance rejection after IPA letter? Or any other things which I need to consider

Do let me know if anyone went through same situation before. Thanks in advance

beppiGermany - Singapore Expert07 February 2021 10:03:02

15314

Part 1:
1. The text you quote says that you have to submit your resignation to your employer in India. That can be done by post or email, I believe - no travel required.
(Remark: You are always covered by the laws, incl. labour law, of the country you stay in, no matter what the employer might think or want.)
4. I do not think they can force you to travel.

Part 2:
1. An IPA is valid from the day it is issued until the EP is issued or the IPA expiry date mentioned in it (usually three months). But I guess you mean validity of the EP: That is valid from its issue date (i.e. start of your employment) and usually renewable after a year.
2. An IPA all but guarantees EP issuance - unless the circumstances change (the employer or you can cancel it at any time, for any reason) or MoM finds out that it was based on incorrect information.

Rohh12septNew member07 February 2021 10:22:12

Thanks! That means I can resign and join new company without any problem

singswanMember07 February 2021 12:17:25

Most important thing: You should not leave Singapore now. Otherwise you will not be able to go back to Singapore for several months due to entry restrictions.

nashratnmkMember15 April 2021 06:09:46

Hi All,

My husband facing same issue. He is working in Singapore from 5.5years on EP. He recently got an offer from another company in Singapore.

1- His current is asking him to go back on his last day to India as he was deputed from India to Singapore
2- Current company is saying take back resignation or go to India.
3- New company has given me offer letter and I have an approved IPA.

I can not go back to india suddenly after being 6years in Singapore. Its risky to travel with my family outside Singapore in covid.
Current company is asking me to take back resignation or go back India.

Kindly suggest what to do. My joining to new company is next month.

Thanks

beppiGermany - Singapore Expert15 April 2021 06:47:13

15314

You are a free man and can do and go where you want.
The employer cannot force you to take back the resignation or return to India after your employment ends.
If they insist on buying the ticket for you, let them do it and then just don't go to the airport. There is nothing they can do in that case.

nashratnmkMember15 April 2021 11:36:34

Thank you..I will follow this.

ShekhzSingapore Expert15 April 2021 15:23:24

963

My 25 cents, hope this helps-

Company/ current employer can’t force you to go to India to just resign, gone are the days where you had to write letters (I mean physical copies for resignation from a job) unless mandated per your offer of employment/ company policy (..which I am certain isn’t the case).

Send your HR in India an email resignation after having obtained your IPA in Singapore, ensure you have a copy of that email for records.

Good luck.

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