Salary.sg Forums

Originally Posted by smurfxactly

Hey everyone, so here's an update - it's good news for me.

Based on what we know on this case, the penalty will be enforced if I did the following.
1) Resign due to personal reasons
2) Get dismissed if I were to face disciplinary actions from the hiring company
3) Told the hiring company that I'm leaving instead of letting the agent know

This means there won't be a case against me if the hiring company dismisses me for other reasons. All you have to do is to find the most plausible "other reason".

I did exactly the above and it worked! (I won't mention the reason here as I would like to keep it low key)

Based on the agreement between the agent and the company, the company still had to pay the recruitment agent's commission because it was kind of their mistake for making the decision to hire me. On my end, they still had to pay me notice for asking me to leave.

Voila! Problem solved!

Originally Posted by Unregistered

If he can't even provide with you with the contract, then he has no grounds to support him anyway. As I said previously, the agent has no authority to bring you to SCT, it is the company who has to do so and would often not since it is not a wise business decision.

Just give them notice of your resignation, and don't reply him already. He is definitely going to be angry since its 3 months commission lost, but that's just life.

Originally Posted by smurfxactly

Yes yes, so what I can gather from all of your replies is that it's ok to proceed with the resignation, but communicate with the agent first about your decision and reason why in the most amicable manner

Just an update for everyone who is helping me here:

1. I did ask for the full copy of the contract, but he refuses to give it to me, instead, he gave me screenshots. So something is definitely up.
2. It's not an industry or company that I will want to join in the future. I will also be taking 2 years break to do my studies for my 2nd degree after this episode. So burning bridges is definitely ok.
3. My other half tells me that I should hurl the same insults back to my boss, but I have just decided not to because I refuse to stoop at her level.
4. I will ignore the agent once resignation is formalized with the company. He can take me to SCT (Small Claims Tribunal) by all means, but I doubt he will do so. I've taken an extra precautionary step by consulting an ex judge. He said "no one can force you to do something that you feel is not right and unethical. Be brave and don't allow anyone to bully you. This is a very small matter. At the very most, you will settle 1/2 or 1/3 of the penalty at SCT."

Originally Posted by Unregistered

The recruiter was angry but that's about it, but its understandable because they largely rely on these commissions to earn their salary.

You need to understand the employee cannot take you to court, but it has to be the firm because the contract is with the firm. Any potential litigation is a decision made by the firm and their higher ups, nd not the agent, and there must be good business reason to do so.

In short, no matter how the agent replies you, its unlikely that you will be brought to court lah. Ignoring him is the best.

Originally Posted by Unregistered

Not the OP, but I work for a relatively large firm, and I’ve had contract staff turn up on the first day, and MIA thereafter. Usually no action will be pursued, but you probably burn all bridges with the company/agent.

If you are sure that the clause wasn’t in the form, then notify the agent/company of your resignation. If they cite the clause and reject your resignation, insist on having them provide the full document. If they can’t, then something is up.

Originally Posted by smurfxactly

Thanks! Your sharing is very reassuring. At least I know I'm not the only one in this situation.

What did you do after you left? They didn't take you to court?

Originally Posted by smurfxactly

Thanks! Your sharing is very reassuring. At least I know I'm not the only one in this situation.

What did you do after you left? They didn't take you to court?

Originally Posted by Unregistered

Recruitment agent usually take 3 months commission when signing a new role, no wonder they will be so angry.

I was in the same situation, but I just left anyway. It takes alot of effort to pursue this further, so they usually wont do anything.

Originally Posted by Unregistered

Do you have a copy of your contract?

Isit a SME? If not you can try to take it to HR.