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Got myself into a mess

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Samtt
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Got myself into a mess

Postby Samtt » Sat, 14 Jan 2006 11:40 am

Dear All,
Got myself in a nice mess.. Wanted to withdrawn from a employment contract. Long agonizing story kep short.

a) Signed an Application letter with a Headhunter company
I was not given a copy of this . It was more a applcation form , but now when they showed me the letter again, it contained in small lettering at the end the damning phrase
"Should I accept employment with client of XXX company and leave/resign within 3 months from date of commencement of work, I agree to pay XXX my confirmed 1st month salary. This would apply if I accept employment and do not commence work. "

After reassesing my carreer options , I wish to withdraw from the employment contract from the client ..
I know my share of the blame in this whole proceedings , but the entire 1st month salary??!!

Just wish to know..., any one famaliar with the law..
Is the phrase by headhunter firm enforcable by law?

Regards,

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Vaucluse
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Postby Vaucluse » Sat, 14 Jan 2006 2:51 pm

Basically, if you signed it . . . then it's enoforceable. I've see employment offers where the employer demands all salaries and expanses repaid if you leave within 9 months
......................................................

'nuff said Image

Samtt
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Postby Samtt » Sat, 14 Jan 2006 11:20 pm

the contract is by the headhunter...
does not fact that I am not given a copy help ??

I understand not all terms in contract are enforcable..
9 months and expense.. that is insane

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sundaymorningstaple
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Postby sundaymorningstaple » Sun, 15 Jan 2006 1:03 pm

Samtt wrote:the contract is by the headhunter...
does not fact that I am not given a copy help ??

I understand not all terms in contract are enforcable..
9 months and expense.. that is insane


Samtt,

Hate to be the bearer of bad tidings, but you're up the creek without the proverbial paddle. I am sure, if you were going through a "headhunter" that you are a pretty clued in individual. Therefore I would have assumed you would have the necessary knowledge to know that you always read the fine print AND request a copy of anything you sign (for future reference).

In the off chance you have lead all of us here astray and were only going through a "Recruitment agency". They you can be somewhat forgiven for not having the foresight to protect yourself. That said, yes you are liable to the terms of the application that you signed (this is more or less standard within the industry at least here in Singapore). It came about because of the local penchant of the new hire showing up for work for one week and than leaving. The Agency, having paid the consultant his/her commission is now left with paying the client company back the fee due to their guarantee and commission with nought to show for it.

It's very easy to enforce using the Small Claims Tribunal and if found in their favour, it's easy for them to seize your personal effects for auction. It's something that can be eventually more costly for you to fight than you stand to gain. And, the worst part is eventually you will lose.

Oh, and this is not in violation of any MOM rules regarding employment agencies. These things I know for fact.

sms


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