Is it okay to downgrade Epass to Spass?

what I can see that your new company was applying S pass due to salary offering to you. So in truth, your salary was down graded heavily so as your position. I'm not sure whether in your earlier company you were actual drawing $4100 salary or it was just on paper to get an EP (many small companies are doing such tactics to misuse the passes and MoM is trying curve down & imposing heavy penalties on those irrant employers). But, I assume you were not drawing that much salary or else you may not be agreed to accept an offer where it's nearly half of your present salary unless there is something missing in your message.

Chances are Low as MoM can smell something is fishy between your present job profile & salary drawing in comparison to what you have accepted offered by the new employer. Good luck.

Hi Surya,

Thank you for your answer. the company is giving full $4100 but since im under agency the agency only giving me 2200 and im the one who will pay my tax. and since im doing payroll the current company is not doing well i can see because the salary now they giving it late atleast 1month late that why i finding a new job.

please help me to explain this quote under MOM website.

"Can an Employment Pass holder switch to an S Pass?
Generally, an existing Employment Pass holder should be able to switch to an S Pass, as the criteria to qualify for an Employment Pass (EP) is higher than that for an S Pass.

EP holders can consider such a switch if they no longer meet the prevailing EP criteria. However, employers must ensure that they meet the quota requirements to hire S Pass holders."

Thanks

First of all you should understand your case that you got your EP because your existing company declared to MoM that your monthly fixed salary in $4100 (MoM would have straight way rejected your EP if your employer mention that they will pay half to your agency which is illegal in Singapore). So, MoM approved EP with understanding of the fact that you are receiving fixed salary of $4100 not other way round. If MoM will know that all along the existing company was actually paying $2200 only to you then you both will be in trouble cause your employer lied to MoM and provided false information then as an employee you never voiced this wrong doings.

There is nothing wrong if any application doesn't meet the criteria of an EP due to changes in eligibility criteria and can be applied for S pass (earlier may have hold an EP) but in your case it's an issue of huge variance at salary declaration. MoM will see there is a fishy with your existing pass and new application due to huge mismatch between earlier salary claimed (based on which your EP was approved) and present salary offered (which is genuine and correct). So, in first place you were never entitled for an EP in your existing company, it was your existing employer lied and provided false claim to MoM in order for you to get an EP.

I would consider you would be lucky to get your S pass approved and I would see your employer who lied to MoM may face difficulties and penalties in future. Good luck.

MoM evasluates every application on its own merit and compares the offered salary with the job's and candidate's market value.
S$2200/month is the absolute minimum for S-Pass approval, which is supposed to be for lowly skilled, menial jobs.
Since you previously had an EP at S$4100/month, which is in line with university degree and a few years experience, I don't think you will get this S-Pass.
If the company wants to hire you, they should offer a more reasonable salary.

So you are saying you ghot your current EP only due to some illegal dealings with the agency.
But since your official salary was S$4100/month and this is also your appropriate market value, you are not likely to get an S-Pass at very much less - MoM does not like foreigners undercutting the local pay structure.
I recommend you either look for another job that pays near S$4100/month, or you stay in your current job and demand to get the full pay, which you are legally entitled to and you can even sue the company for it.

Hi Thank You for your prompt reply,

The company is giving me the full amount of 4100$ but because im under agency its like outsourcing im the one who pays the half to the agency. thats why i want to change to spass so i wont need to pay money to the agency.

I hope i can get a approved pass so that i wont no need to think no more.

Then you don't need to change job, but could just stop paying the agency - since such arrangements are illegal in Singapore, there is nothing (legal) they can do to force you to pay. (But before you do this, better ask a lawyer to check all documents to make sure what I say is correct.)

beppi wrote:

Then you don't need to change job, but could just stop paying the agency - since such arrangements are illegal in Singapore, there is nothing (legal) they can do to force you to pay. (But before you do this, better ask a lawyer to check all documents to make sure what I say is correct.)

Okay Thanks for your advice

I also have a same experience.

My epass was 4500. But my boss only give me half of the pay.

Then my current company offer me spass with 2.2k. At first when my current company apply my spass it got rejected. But they help to send a letter to MOM. And it got approved.

I think as long as your new company willing to help, mom will be ok.

Don't work with those companies who are cheating you, MoM and last the corporate world. If they caught, then there could be severe penalties by MoM or they may get ban to operate here due unethical way of working in Singapore.

If the company pay you less than agreed on (S$4500/month) they are breaking the contract and cheating you and MoM. You should sue them for the difference - otherwise MoM might see you as complicit in circumventing EP rules, which would get you fined, deported and banned.
It should not be possible to get a work pass at much below one's fair market value, so I wonder very much how they justified the jump from S$4500 to S$2200 (which is the minimum S-Pass salary for lowly skilled people without experience). They might have given wrong information to MoM. Again, you should check and correct that to avoid being implicated yourself.
And on top of al this, as Surya said, don't deal with (or work for) such an unethical organisation any further. You deserve better!

Hi Beppi

I understand. Thats why when i feel something fishy , i resign immediately after finding new job(which is my current employee) .

I talk about this to my current employee too, and i think they already told MOM about this too in my appeal

Oh, it was not clear to me that the new S-Pass is at a different employer and the old one was already reported.
Then all is well and I wish you good luck!

Hi! I would like to ask regarding our case. Because my boyfriend was applied for an spass and that time the company has a quota for foreigner. After a week of waiting, the hr called. That currently there's no quota bec one local resigned. It will affect the ratio. She called the MOM asked regarding the chance of approval. Bec that time when she applied for the pass still have quota. Now, we are still waiting for the result. Applied on 27th of march. Thanks for the replies.

spintoshopping: Don't spam here by posting same query in various threads.

Sorry. Thank you.

Hi sir, my ep applied june 1 2018 and after 50 days my employer got  need to documents after submitted certificates . Stil  now pending...

@beppi Hi beppi, Employer has applied S pass for me but the last drawn salary is not corect. Keen 4500 instead of 3500. But four months back my salary was 4500 with other employer but now with current employer is 3500. Will is cause to reject my application? Please advise.