QUOTE(reign226 @ May 4 2011, 10:28 PM)
Its an escape clause for the company. If you don't get the EP, they are then not legally obligated to hire you. Otherwise its grey and you could sue them.
Actually, it's not an escape clause. It's more a statement of fact, for the candidate's information.
You cannot legally enforce a contract for something that is illegal. In this case, if you do not get a work permit, you cannot work legally in Singapore. Therefore, regardless of how the LO is worded, you cannot enforce it as you cannot force the company to act illegally and hire you without EP.
The LO works as a contingent or conditional/provisional contract, where the contract is only becomes valid upon the successful performance or occurrence of a specific trigger event. In this case, the EP approval. Conditional offers like jobs for undergraduates who have not graduated, scholarships for scholars who have not obtained their final results, sales of goods on COD etc. all work in the same manner.
Added on May 4, 2011, 10:59 pmQUOTE(Laine @ May 4 2011, 08:47 PM)
hi.. my wife is in this situation now. she has two offers in hand, two also well known MNC company..
1st company: they ask her to sign letter offer first, then only apply for her EP
2nd company: they will apply her EP first, if EP approve only sign LO
we are more incline to the 2nd company due to the job profile, pay and location. however, we are concern that if her EP got rejected, they wont appeal for her since she havent sign LO.
will this be the case?
IMHO, it doesn't matter whether you get the LO before or after you get your EP. If you don't get your EP, nothing is going to happen for you, whether or not you have the LO in hand.
In your shoes however, I would definitely prefer to get a LO first, so that I can lock down the terms of employment ie. salary, benefits, conditions of work, notice period etc. before the EP application. Otherwise, if the EP is approved, you're in a less advantaged position if the company pretends you misheard or misunderstood the terms and issue a LO that doesn't meet your expectations.
I reckon a professional and ethical company will have no problems issuing the LO first.
This post has been edited by seantang: May 4 2011, 11:02 PM