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Paying employment agency compensation

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SBryett
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Paying employment agency compensation

Postby SBryett » Mon, 04 Apr 2011 9:37 pm

Hello,

I was offered a job through a recruitment agency and signed a contract with the employer as well as a contract with the agency. The agency contract states that if during my 3 month probationary period I terminate the employment, I have to pay the agency "100% of the offered salary". I take it this means one months salary? It seems like a bit of a vague term so I wondered if I am interpreting this correctly. It seems to make a probationary period a bit pointless as if I were to terminate employment after 3 months probation, I only need to give notice to the employer.

Also, is this truly legally binding as there was also a clause that if the employer terminated my employment during the probationary period, I am liable to pay 50% of the offered salary. I am a bit concerned by this as the employer could do what they wanted and I'm the one liable to pay. I have been assured that if this didn't work out and my S-Pass got cancelled, I would be able to re-apply for my Long Term Visit Pass without any problems. Has anyone else experienced this?

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ecureilx
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Re: Paying employment agency compensation

Postby ecureilx » Mon, 04 Apr 2011 10:06 pm

SBryett wrote:Hello,

I was offered a job through a recruitment agency and signed a contract with the employer as well as a contract with the agency. The agency contract states that if during my 3 month probationary period I terminate the employment, I have to pay the agency "100% of the offered salary". I take it this means one months salary? It seems like a bit of a vague term so I wondered if I am interpreting this correctly. It seems to make a probationary period a bit pointless as if I were to terminate employment after 3 months probation, I only need to give notice to the employer.

Also, is this truly legally binding as there was also a clause that if the employer terminated my employment during the probationary period, I am liable to pay 50% of the offered salary. I am a bit concerned by this as the employer could do what they wanted and I'm the one liable to pay. I have been assured that if this didn't work out and my S-Pass got cancelled, I would be able to re-apply for my Long Term Visit Pass without any problems. Has anyone else experienced this?


Agents can have contracts, and the one month pay for non performance fits in for contract jobs, as the employer has paid the agent the placement fee

As for the clause where you have to pay 50%, I would dispute it, saying - for non delivery .. or somethign to that effect. I would not be paying if my employer wound up, as it happened during dot com days

As for switching to long term visa, I am missing something here .. what's that ??

SBryett
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Postby SBryett » Mon, 04 Apr 2011 10:57 pm

Sorry I did not explain that properly- before being granted an S-Pass I was holding a Long Term Visit Pass that was attached to my partners employment pass. Basically, it allowed me to live in Singapore for as long as he was employed here.

Thank you for clarifying the one month's salary fee. As it is a permanent position the 'offered salary' was a bit ambiguous to me.

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Postby beppi » Tue, 05 Apr 2011 10:20 am

It is illegal by Singapore law for an recruitment agency ("headhunter") to charge the applicant. Thus if you have a contract with the agency that states these clauses, it is probably void and you don't need to pay anything.
However, your employment contract and any payments therein due to the employer are probably legal and enforceable.

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ecureilx
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Postby ecureilx » Tue, 05 Apr 2011 10:41 am

beppi wrote:It is illegal by Singapore law for an recruitment agency ("headhunter") to charge the applicant. Thus if you have a contract with the agency that states these clauses, it is probably void and you don't need to pay anything.


Well, maybe illegal, but try to tell that to 99% of the candidates from some south east asian country, so much so, some agents 'only prefer' those country people .. as unfortunately, their country encourages agency / placement fee .. :)

Payment is made advance, back home, so it doesn't appear in Singapore :)

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Postby sundaymorningstaple » Tue, 05 Apr 2011 11:16 am

And, in addition to ecureilx's post, you will normally not find a link for the payment overseas to the recruiter here as this is usually taken care of by another third party agent in the home country who then remits a percentage (usually the lion's share) to the local recruiter (but not into the recruiter's company account). :-|

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ecureilx
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Postby ecureilx » Tue, 05 Apr 2011 11:38 am

sundaymorningstaple wrote:And, in addition to ecureilx's post, you will normally not find a link for the payment overseas to the recruiter here as this is usually taken care of by another third party agent in the home country who then remits a percentage (usually the lion's share) to the local recruiter (but not into the recruiter's company account). :-|


And while the victims blame the singapore people, I would say it goes both ways - so much people are desperate to get jobs here, some forego upto 6 months pay, for a 2 year contract ... and hence the employers who are businessmen end of the day, preferring to employ people, and in the process 'make money'

It's a vicious circle, in my opinion .. :)

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Postby SBryett » Wed, 06 Apr 2011 7:03 pm

Thank you very much for your help. It is interesting to know that this isn't a legal document.


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