Quote:
Originally Posted by ttan775
I applied for a permanent position with company A, BGC the recruitment agency was the third party company that helped company A to source for candidates. So I responded to a job posting on jobstreet posted by BGC, I went for the interview and was selected for the job.
So I have a contract with company A that I signed and I also have a letter of commitment with BGC that I signed.
Anyways I have started on the job with company A, but I find that the job is not suitable for me. There are a few reasons (including the agency and the company not being very truthful with the job description) but I would rather keep this post short.
Basically my contract with company A states that I only have to give them one month's notice failing which I have to compensate 1 month's salary. But my letter of commitment states that I cannot resign within 3 months, if I do I will have to compensate BGC 1 month's salary. I fully intend to serve the 1 month's notice period with company A but as the 3 months period has not passed I will still need to compensate BGC.
So what can I do about this. I really cannot hold on for the full 3 months. has anyone broken the letter of commitment with the agency after giving the required notice as per contract with the company. Did the agency make you pay? Can BGC make me pay? Will they send a lawyer's letter or send someone from a collection agency to knock on my door to serve the lawyers letter. Can they sue me in small claims court?
Any help is greatly appreciated.
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The below is not to be considered legal advise.
My personal opinion that BGC may have a weak case against you, claiming damages from you if you terminate your employment with company A less than 3 months period, based on the following assessment:
1) The 3 months retention period cannot be unreasonably incorporated insofar as to impose liability onto you. The BGC letter of commitment was drafted without (a) any intentions to establish legal relationship between BGC and yourself; and (b) there is no proper consideration involved.
2) You cannot be liable for fault due to Company A or BGC.
3) You cannot be liable for reasons, resulting in your resignation, that is beyond your control; and
4) The agency relationship lies between Company A and BGC. If BGC decides to pursue a claim against you, you have a valid recourse to counter-claim against Company A on the claims made by BGC against you.
As such, BGC may have a weak case against you, however, would still be prudent to seek legal advise if the fees are lower than what you may need to pay BGC.