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Singapore's Worst Job Agencies

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Old 22-11-2020, 03:02 PM   #1426
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Join Date: Nov 2005
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Hi, based on what you have just mention,does that mean you did not even start work at all? If yes, why is there a need to resign since you are not even an employee? If the recruitment firm insist that you have to pay them 1 month salary then they have to give you the offer that you sign up for else you can bring the contract to MOM. Unless there is information missing from what you just mention else I do not see why is there a need to resign or pay anyone 1 month salary so neither the client or the firm keep to their promise.

If you have resign after signing the employment letter offered by the client and now they want to "rehire" you for another role and do another round of interview, this mean they are in breach of the contract and you might want to bring this to MOM to assist you with it as they have cause you to be jobless.

Please note that what I mention above is based on what you have given and my own experience. Have a nice day and good luck bro
Thank you for your advice!!

- does that mean you did not even start work at all? - yes, i have not started work.

According to the company, i do not have to sign anything with the client directly. The recruitment firm gets the contract from the client and then assigns me to the project. And the contract is only between me and the recruitment firm. also the project/client is not mentioned in the contract.
The main problem is that the 'starting date' is defined by the client. does this mean that i am still not actually an employee of this recruitment firm until they give me a start date? i had called up MOM and they mentioned that the Employment act does not start until the employee actually starts work at employer/client, so it will be a civil court case, which would mean that they can use a lawyer to claim

From MOM website (what-is-a-contract-of-service)

Starting a contract of service
The contract is in effect when the new recruit turns up for work on the appointed starting date.

If the recruit fails to turn up:

The Employment Act does not apply, as the employer-employee relationship did not start
The employer cannot claim notice pay or any compensation in accordance to the Act
Any claims for compensation by the employer will have to be a civil claim through a lawyer
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Old 22-11-2020, 03:14 PM   #1427
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Join Date: Jan 2000
Posts: 2,534
So from what you said, this job is a contract role and you are hire by RE to work for their client. In this case, if the role of their client is different from the role that RE mention and hire you for, you have the right to reject it and need not pay them anything. If they force you to take up the new role or sign a new contract for the new role pls don't.

There is not a need for you to resign as mention you did not start work at all. In no way can RE ask you to pay them 1 month salary. Even if you did start work for RE, there should be a clause about your notice period as your employer is RE and not the client.

Go back to RE and ask them why do you have to pay them 1 month salary. Based on what? If based on the contract you sign with them, you did not even start work so there is not a need to pay them 1 month salary. N the contract that you sign for them is for another role therefore by asking you to work in another totally different role, they are in breach of the contract.

As this is a project based job, the start date is always decided by the client. You are like the outsource worker. Boss is RE but working for the client.


Thank you for your advice!!

- does that mean you did not even start work at all? - yes, i have not started work.

According to the company, i do not have to sign anything with the client directly. The recruitment firm gets the contract from the client and then assigns me to the project. And the contract is only between me and the recruitment firm. also the project/client is not mentioned in the contract.
The main problem is that the 'starting date' is defined by the client. does this mean that i am still not actually an employee of this recruitment firm until they give me a start date? i had called up MOM and they mentioned that the Employment act does not start until the employee actually starts work at employer/client, so it will be a civil court case, which would mean that they can use a lawyer to claim

From MOM website (what-is-a-contract-of-service)

Starting a contract of service
The contract is in effect when the new recruit turns up for work on the appointed starting date.

If the recruit fails to turn up:

The Employment Act does not apply, as the employer-employee relationship did not start
The employer cannot claim notice pay or any compensation in accordance to the Act
Any claims for compensation by the employer will have to be a civil claim through a lawyer
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Old 22-11-2020, 04:22 PM   #1428
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Join Date: Jul 2004
Posts: 13,513
Hi,

Please help me with this situation:

I had signed a contract with the recruitment firm which has the following clauses
- the start date is <the date that I was expecting to start> or any date that the end client suggests
- if i dont start by the date, i will have to pay 1 months salary to recruitment firm.

Background:
i had resigned from my previous company after completing the interviews with the client and expected to start by <the date that I was expecting to start>.
On the first day, i was informed that there was some delay in processing and that i will have to start on the following week. On the next week, i was informed that the client is still going through with the processing and that it will need more time. On end of third week, i was informed that i will be put to a different team/project and that i will have to attend interviews (the role is quite different from the original offer).
Hence i am considering to resign from this firm and look for other jobs.
Based on the contract, i will have to pay the firm 1 months salary, but i dont have any money and no income for almost a month now.

is there no way that i can resign from this place and look for a new job? Does the contract mean that i will be held 'hostage' indefinitely?
Your case quite unique, especially you only got to know on day1? You mean on the "first day" you reported to work at the client and were told to leave?

In a way, you have signed employment contract with recruitment firm for XYZ position to work at ABC (client) already right? And you have already resigned back then when you signed this employment contract?

Technically you have been held back for 3 weeks. Lets assume you are supposed to start work with ABC on 01 Nov, but after 3 weeks of delay the recruitment firm is saying you have to attend interview for EFG position.



1) How desperate are you for this job?
2) Do you have other employment opportunity on hand?
3) Did the recruitment firm express any form of compensation for the delay?

This is what I can advise in my personal opinion, but it really depend how much you have shared and how much I understand your situation.
If I am you, I will get the recruitment firm to pay me based on the start date on the employment contract. Imagine now if you are the one who wish to delay start work date or refuse to work, you think they will let it go freely? Imagine the recruitment firm keeps delaying week after week, and you are not able to look around for other jobs and not drawing an income.


Anyway, its best for you to relook at the employment contract again, word by word.
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Old 22-11-2020, 05:04 PM   #1429
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Join Date: Nov 2005
Posts: 4
Your case quite unique, especially you only got to know on day1? You mean on the "first day" you reported to work at the client and were told to leave?

In a way, you have signed employment contract with recruitment firm for XYZ position to work at ABC (client) already right? And you have already resigned back then when you signed this employment contract?

Technically you have been held back for 3 weeks. Lets assume you are supposed to start work with ABC on 01 Nov, but after 3 weeks of delay the recruitment firm is saying you have to attend interview for EFG position.



1) How desperate are you for this job?
2) Do you have other employment opportunity on hand?
3) Did the recruitment firm express any form of compensation for the delay?

This is what I can advise in my personal opinion, but it really depend how much you have shared and how much I understand your situation.
If I am you, I will get the recruitment firm to pay me based on the start date on the employment contract. Imagine now if you are the one who wish to delay start work date or refuse to work, you think they will let it go freely? Imagine the recruitment firm keeps delaying week after week, and you are not able to look around for other jobs and not drawing an income.


Anyway, its best for you to relook at the employment contract again, word by word.
In a way, you have signed employment contract with recruitment firm for XYZ position to work at ABC (client) already right? And you have already resigned back then when you signed this employment contract?
Actually, the recruiter messaged the day before saying that there was a delay in processing.

In a way, you have signed employment contract with recruitment firm for XYZ position to work at ABC (client) already right?
- yes, but they didnt put down the client or project name in contract.
And you have already resigned back then when you signed this employment contract?
- yes, initially i had signed the provisonal offer, then after resigning i signed the actual contract. To be honest, i was stupid in that i didnt read the actual contract carefully and took the word from the recruiter that most clauses are the same as the provisional offer letter. Also, i wasnt expecting the 'delay' as the interviews were completed a few weeks before that.

1) How desperate are you for this job?
- The new role is something that i really do not want to work for. Also, if i start, the notice period would be 2 and a half months for first year. It would be difficult to convince recruiters why i want to apply for new job after joining the company (eg. if you didnt like the job, why did you join. will he join our company and do the same)
2) Do you have other employment opportunity on hand?
- No, i just started looking because till recently, they kept saying that the actual role was just getting delayed due to processing at client side
3) Did the recruitment firm express any form of compensation for the delay?
- No, as per the contract they dont have to

Anyway, as 'curo' had mentioned in the previous reply, i will just forgo this new role and see what they come up with.
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Old 22-11-2020, 05:08 PM   #1430
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Join Date: Nov 2005
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So from what you said, this job is a contract role and you are hire by RE to work for their client. In this case, if the role of their client is different from the role that RE mention and hire you for, you have the right to reject it and need not pay them anything. If they force you to take up the new role or sign a new contract for the new role pls don't.

There is not a need for you to resign as mention you did not start work at all. In no way can RE ask you to pay them 1 month salary. Even if you did start work for RE, there should be a clause about your notice period as your employer is RE and not the client.

Go back to RE and ask them why do you have to pay them 1 month salary. Based on what? If based on the contract you sign with them, you did not even start work so there is not a need to pay them 1 month salary. N the contract that you sign for them is for another role therefore by asking you to work in another totally different role, they are in breach of the contract.

As this is a project based job, the start date is always decided by the client. You are like the outsource worker. Boss is RE but working for the client.
agreed, i will reject the role and see what they will come up with. In the meantime, i will start looking for other roles.

Thank you all for your suggestions! Much appreciated.
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Old 22-11-2020, 05:39 PM   #1431
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Join Date: Jul 2004
Posts: 13,513
The demoralising part should be that you had resigned for a new role which is eventually not fulfilled as agreed. You better check with the recruitment firm on the T&C black and white via email. As much as you can be nice enough to say let them waive off not compensating you for the delay, you won't want them to turn around to bite you asking to pay them for not waiting. Of course if want to be fair, I will ask the recruitment firm to compensate me the notice period which was not done.

Just curious though. Is this a pretty high level position, thus the 2.5 months notice period? 2 weeks notice during 3 month probation is quite normal for executive level, 1 month after probation. Around 2-3 months notice period for supervisory/managerial.

Actually I feel a little pity how come you resigned and signed for a new job which you don't like and under agency headcount even... Unless your last position was even worse. I always find agency headcount has pretty low benefits almost none, around 1 month completion bonus after 1 year contract which I think its an excuse actually AWS.
Unless you are able to negotiate a higher monthly basic salary for the agency headcount position, and don't intend stay too long beyond a year. Don't forget that when a hiring company is preparing your salary proposal, he she usually will compute based on annual package, thus I find agency headcount employee is usually on the losing end who likely only have 1 month completion bonus with no AWS and no VB...
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