Breach of contract recruitment agency

Jane Chua · #1 (**permalink**) 25-12-2021, 12:56 PM

I was finding job 6 months ago through a recruiter, let's call them 'C'. They offered me a job and I accepted the offer and signed C LOA . But I had a change of mind, and eventually told C that I'm not interested, and did not turn up at the client's place to sign the letter of appointment (LOA). Before that I did ask C for the LOA, but C had insisted not to give, saying its for audit compliance and does not carry any of the employment obligation between me and the recruiter.

After I rejected the offer, C reiterated our email exchange and mentioned that there is a contractual obligation between us. In our contract, it was mentioned that I would only consider accepting any client's job offer if C could garner a minimum monthly basic salary of S$3k, which C had successfully done so based on my request. C had negotiated with this client without my knowledge or request, saying that there was 1 competing candidate and C had negotiated for the client to accept me.

C is threatening legal proceedings against me for breach of contract if I do not pay them a compensation of 1 month in salary as per the contractual obligations, which had also stated that if I reneged an offer after acceptance, they could seek compensation from me.

What should I do?

#2 (**permalink**) 25-12-2021, 01:53 PM

Quote:

Originally Posted by Jane Chua

I was finding job 6 months ago through a recruiter, let's call them 'C'. They offered me a job and I accepted the offer and signed C LOA . But I had a change of mind, and eventually told C that I'm not interested, and did not turn up at the client's place to sign the letter of appointment (LOA). Before that I did ask C for the LOA, but C had insisted not to give, saying its for audit compliance and does not carry any of the employment obligation between me and the recruiter.

After I rejected the offer, C reiterated our email exchange and mentioned that there is a contractual obligation between us. In our contract, it was mentioned that I would only consider accepting any client's job offer if C could garner a minimum monthly basic salary of S$3k, which C had successfully done so based on my request. C had negotiated with this client without my knowledge or request, saying that there was 1 competing candidate and C had negotiated for the client to accept me.

C is threatening legal proceedings against me for breach of contract if I do not pay them a compensation of 1 month in salary as per the contractual obligations, which had also stated that if I reneged an offer after acceptance, they could seek compensation from me.

What should I do?

What can they do? Nothing.

What will they likely do? Nothing.

#3 (**permalink**) 25-12-2021, 02:28 PM

Quote:

Originally Posted by Unregistered

What can they do? Nothing.

What will they likely do? Nothing.

Hi, you encounter same situation before? Sign LOA with 1 month compensation clause and renege offer? If yes, can I know what is your whole story like? Did agent keep email you for compensation?

#4 (**permalink**) 25-12-2021, 03:21 PM

Holidays time, don't be so ganchiong. Try to get some legal clinic for advice, it should be a fairly common qn for them.

Have never signed such agreement before and not a law student. Some thoughts - Your contract between you and C should only be effective after you have found a job through them ie signed a contract or started with the company via an opportunity sourced by C? If you have not entered into a contract between you and company, the contract between you and C is not effective yet?

When you signed the agreement between you and C - how much details of the actual contract between you are the co are in there? E.g. position, remuneration, leave entitlement, probationary period and etc. If the agreement between you and C is actually quite light, I would think the case for C to push for payment is low? Can't be if the company offers you a shitty contract, and you still have to sign it right.

Anyway worst case situation is get sued (probably small claims tribunal). So nothing to worry

#5 (**permalink**) 28-12-2021, 06:16 PM

My friend just signed the LOA with this recruiter which have the clause (if renege after acceptance of the job via signing have to pay 1 month salary compensation) he regretted and scare there this recruiter will sue. I just went to Google (refer to the link below) about this recruiter, I see the reviews saying the agent will seek compensation for the details indicated. How? Any advise? Anyone have sign with this recruiter before? Any outcome?

#6 (**permalink**) 05-01-2022, 01:08 PM

Quote:

Originally Posted by Unregistered

Holidays time, don't be so ganchiong. Try to get some legal clinic for advice, it should be a fairly common qn for them.

Have never signed such agreement before and not a law student. Some thoughts - Your contract between you and C should only be effective after you have found a job through them ie signed a contract or started with the company via an opportunity sourced by C? If you have not entered into a contract between you and company, the contract between you and C is not effective yet?

When you signed the agreement between you and C - how much details of the actual contract between you are the co are in there? E.g. position, remuneration, leave entitlement, probationary period and etc. If the agreement between you and C is actually quite light, I would think the case for C to push for payment is low? Can't be if the company offers you a shitty contract, and you still have to sign it right.

Anyway worst case situation is get sued (probably small claims tribunal). So nothing to worry

Recruiter have file SCT against me. Why nothing to worry about?

#7 (**permalink**) 05-01-2022, 05:56 PM

getting a lawyer advise is better than asking here

#8 (**permalink**) 06-01-2022, 08:32 AM

Quote:

Originally Posted by Jane Chua

I was finding job 6 months ago through a recruiter, let's call them 'C'. They offered me a job and I accepted the offer and signed C LOA . But I had a change of mind, and eventually told C that I'm not interested, and did not turn up at the client's place to sign the letter of appointment (LOA). Before that I did ask C for the LOA, but C had insisted not to give, saying its for audit compliance and does not carry any of the employment obligation between me and the recruiter.

After I rejected the offer, C reiterated our email exchange and mentioned that there is a contractual obligation between us. In our contract, it was mentioned that I would only consider accepting any client's job offer if C could garner a minimum monthly basic salary of S$3k, which C had successfully done so based on my request. C had negotiated with this client without my knowledge or request, saying that there was 1 competing candidate and C had negotiated for the client to accept me.

C is threatening legal proceedings against me for breach of contract if I do not pay them a compensation of 1 month in salary as per the contractual obligations, which had also stated that if I reneged an offer after acceptance, they could seek compensation from me.

What should I do?

Your English quite powerful and you only 3k? My work place here the engineers paid like 6k above and the email they write not so powerful and clear. Jumble mumble.

You should aim higher bro

#9 (**permalink**) 08-01-2022, 03:12 AM

Quote:

Originally Posted by Unregistered

Recruiter have file SCT against me. Why nothing to worry about?

It costs just $10 to file. If you are free, you can go for the mediation session and waste his time.

#10 (**permalink**) 08-01-2022, 03:17 AM

Remember to argue the technicalities. For example, it is implied that his service should only be considered complete if you found the right job and stayed in the job. It’s pretty standard, and makes perfect common sense.

And maybe you should even file a counter claim to force him to find you another job! And then keep wasting his time to teach him a lesson.