Breaking the Letter Of Commitment With Recruitment Agency - Salary.sg Forums
Salary.sg Forums  

Go Back   Salary.sg Forums > The Salary.sg Discussion Forums: > Income and Jobs

Income and Jobs Discuss jobs, career options and of course salaries




Breaking the Letter Of Commitment With Recruitment Agency

Reply
 
Thread Tools
  #1 (permalink)  
Old 13-07-2017, 08:27 AM
Junior Member
 
Join Date: Jul 2017
Posts: 3
ttan775 is on a distinguished road
Default Breaking the Letter Of Commitment With Recruitment Agency

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.

Reply With Quote
  #2 (permalink)  
Old 16-07-2017, 12:02 PM
Unregistered
Guest
 
Posts: n/a
Default

(This is not legal advice. You're advised to seek formal advice if necessary).

Just offhand and purely based on what you've told us, I'd say that the recruiter's position is not strong.

The letter of commitment is just that, a letter of "commitment". They will obviously try to characterize it as a breach of contract but I really doubt it will be seen as a contract between you and BGC if this goes to court.

The real contract is between the Company A and BGC: the former is paying the latter a specified sum of money for successfully placing you with BGC; probably BGC's commission is 3 months and a % of your salary with company A.

There are many issues with making a commitment between you and BGC contingent upon the employment & salary between you and company A, which is a matter between you and company A alone. What if your negotiated salary with company A was $1 a month? What if company A was the one that wanted you to leave and gave you 1 month's notice?

My first advice is to wait out the 3 months. If that is not an option, go ahead with the resignation but threaten to go on social media if they threaten to enforce the "commitment" letter. Recruiters are highly sensitive to reputation.

Reply With Quote
  #3 (permalink)  
Old 16-07-2017, 08:38 PM
Unregistered
Guest
 
Posts: n/a
Default

Letter of commitment is not that straight forward, it means both sides have agreed on the T&C in principle and will act as if the contract has been signed until the physical contract is ready to be signed.

Technically if the agency is able to prove to the courts that they have suffered damage due to your withdrawal, the court might award them damages accordingly. It is different from letter of intent which is less stringent and subject to further negotiation and no material change in circumstances.

Having said that, the best way is to negotiate with the agency and say you are willing to serve 1 month and ask them to waive the remaining 2 month notice. At the end of the day I doubt an agency will go the legal route unless you are a senior executive who has wide business level and confidentiality implications.

Reply With Quote
  #4 (permalink)  
Old 04-08-2017, 07:13 PM
Junior Member
 
Join Date: Jul 2017
Posts: 2
seahhqy is on a distinguished road
Default

I've broken a bond with BGC before. It was years ago, so im not sure how is it like now.
I was just a little admin assistant (vacation job) at Great Eastern.

I quit within 1.5months when the contract was 3 months. Nothing happened to me. And i forgot how i went about telling BGC. But yea.. my story was.. just nothing legal happened to me. Maybe because i was a mere data entry person that would be easily replaced by anyone..

Not sure about your circumstances though.
Reply With Quote
  #5 (permalink)  
Old 09-08-2017, 08:55 AM
Unregistered
Guest
 
Posts: n/a
Default

Bets are, nothing will happen to you. Just suing you will cause more than money than it is worth. The lawyers fee may easily be 2 times your salary, and That is not courting the filing cost.
Reply With Quote
  #6 (permalink)  
Old 09-08-2017, 10:20 PM
Unregistered
Guest
 
Posts: n/a
Default

I had a similar story to share and need advice.

I had signed the letter of commitment (there is a clause which states I need to pay them Liquated Damages if I did not report for work on first day or resign within 90 days) with an agency and had signed the letter of appointment with company B.
However, after submitting my resignation to company A, company A has decided to counter offer me to stay.
I am in a dilemma. If I accept this counter offer and stay on in company A, would I be breaching the letter of commitment and need to pay the agency LD which is a few thousands dollars? Or nothing will happen to me other than the agency will blacklist me?

Any advice is appreciated. Thanks!
Reply With Quote

  #7 (permalink)  
Old 09-08-2017, 10:23 PM
Unregistered
Guest
 
Posts: n/a
Default

Quote:
Originally Posted by Unregistered View Post
I had a similar story to share and need advice.

I had signed the letter of commitment (there is a clause which states I need to pay them Liquated Damages if I did not report for work on first day or resign within 90 days) with an agency and had signed the letter of appointment with company B.
However, after submitting my resignation to company A, company A has decided to counter offer me to stay.
I am in a dilemma. If I accept this counter offer and stay on in company A, would I be breaching the letter of commitment and need to pay the agency LD which is a few thousands dollars? Or nothing will happen to me other than the agency will blacklist me?

Any advice is appreciated. Thanks!
Should be letter of intent (not commitment).
Reply With Quote
  #8 (permalink)  
Old 24-08-2017, 08:39 PM
Unregistered
Guest
 
Posts: n/a
Default

Quote:
Originally Posted by Unregistered View Post
I had a similar story to share and need advice.

I had signed the letter of intent (there is a clause which states I need to pay them Liquated Damages if I did not report for work on first day or resign within 90 days) with an agency and had signed the letter of appointment with company B.
However, after submitting my resignation to company A, company A has decided to counter offer me to stay.
I am in a dilemma. If I accept this counter offer and stay on in company A, would I be breaching the letter of commitment and need to pay the agency LD which is a few thousands dollars? Or nothing will happen to me other than the agency will blacklist me?

Any advice is appreciated. Thanks!
Anybody is able to provide advice for the above issue?
Reply With Quote
  #9 (permalink)  
Old 31-01-2018, 08:55 PM
Unregistered
Guest
 
Posts: n/a
Default

Quote:
Originally Posted by Unregistered View Post
Anybody is able to provide advice for the above issue?
Hi i have a family member in almost same situation as you.may i ask how was your case settled?
Reply With Quote
  #10 (permalink)  
Old 31-01-2018, 09:58 PM
Unregistered
Guest
 
Posts: n/a
Default

My opinion is that these agreements aren't binding and are hard to enforce. Theoretically, they can either (1) start a civil lawsuit to seek damages from you, or (2) go to small claims tribunal to make a claim from you.

To do (1), the legal fees will be exorbitant compared to the monetary damages they can possibly win from you, and they may not win. You need not worry about a getting a lawyer -- you can defend against yourself should the agency be stupid enough to sue you. And then please drag the process out to make sure the only winner is their lawyer. I'm just joking -- given that all these agencies are super money-conscious, they will not even want to get a lawyer to send you a demand letter. Speaking of demand letters, all you need is to send a simple reply stating "I reject your claims" and the agency will have to pay their lawyer one more time to send another letter.

This leaves us with (2). The small claims tribunal mediates disputes that involve claims of not more than $10k. My guess is that you can still try to show that the agreement is not fair and you may even attempt to counter-claim against the agency. Never back down!
Reply With Quote
Reply

Bookmarks

« Previous Thread | Next Thread »

Thread Tools

Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are On
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
offer letter vs appointment letter? samantha_wong Income and Jobs 1 09-12-2014 10:51 AM
Review of recruitment agents/job agency Chuan-Jin Income and Jobs 6 24-06-2014 07:44 AM
Finding govt jobs through recruitment agency? night Income and Jobs 0 23-06-2014 12:17 PM
Seeking job through recruitment agency? Stressfullsociety Income and Jobs 7 07-03-2014 02:46 PM
My plan for breaking into finance sector alwaysnforever Income and Jobs 91 26-09-2012 12:00 AM

» 30 Recent Threads
DBS BANK Interview replies ( 1 2 3... Last Page)
406 Replies, 206,488 Views
Govtech Hiring Timeline
1 Replies, 574 Views
SIM-UOL fresh grad starting pay ( 1 2 3... Last Page)
2,243 Replies, 1,000,709 Views
Life as a ICA Senior Officer ( 1 2 3... Last Page)
66 Replies, 80,718 Views
MINDEF DXO (All FAQ on it) ( 1 2 3... Last Page)
1,965 Replies, 1,202,751 Views
ST Electronics ( 1 2 3... Last Page)
181 Replies, 72,156 Views
Ministry of Communications and... ( 1 2)
18 Replies, 7,995 Views
Cash loan
0 Replies, 26 Views
Cash loan
0 Replies, 26 Views
Cash loan
0 Replies, 23 Views
Cash loan
0 Replies, 50 Views
Exxon Mobil Equipment tech or... ( 1 2 3... Last Page)
1,325 Replies, 286,635 Views
Lawyer Salary ( 1 2 3... Last Page)
3,507 Replies, 1,094,917 Views
Freight Forwarding industry --...
3 Replies, 294 Views
Career as Teacher ( 1 2 3... Last Page)
1,159 Replies, 827,166 Views
Breaking the Letter Of Commitment... ( 1 2)
14 Replies, 5,314 Views
Compare civil service salary ( 1 2 3... Last Page)
7,179 Replies, 3,921,852 Views
Advice on designer job offer
4 Replies, 512 Views
Nickel investment
1 Replies, 57 Views
AML/Compliance/KYC professionals... ( 1 2 3... Last Page)
1,225 Replies, 364,501 Views
Anyone jobless for a long time... ( 1 2 3... Last Page)
1,824 Replies, 624,700 Views
Constituency Manager (People... ( 1 2 3... Last Page)
580 Replies, 285,442 Views
Civil Svc/ Statboard - Typical... ( 1 2 3... Last Page)
1,020 Replies, 462,362 Views
NUS working environment and pay... ( 1 2 3... Last Page)
46 Replies, 29,291 Views
ExxonMobil...
3 Replies, 920 Views
Changi Airport Group ( 1 2 3... Last Page)
346 Replies, 227,379 Views
Has anyone heard of KSB Singapore?
0 Replies, 162 Views
Micron fresh grad salary
2 Replies, 1,535 Views
Advice needed (Career change)
5 Replies, 581 Views
Job Application with MOE... ( 1 2 3... Last Page)
161 Replies, 129,286 Views
Powered by vBadvanced CMPS v3.2.2



All times are GMT +8. The time now is 10:30 AM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.2