You agree to job offer but don't turn up for work. Be warned. Some job agencies may ask you to:
Pay us what you'd have earned
By Arjuna Benjamin
November 09, 2006
YOU took the job and did not turn up. So pay us the equivalent salary.
That's what recruitment agencies are telling applicants who accept jobs and then don't turn up.
A copy of the letter of acceptance that Rudi signed, which includes the penalty clause. -- ALVIN TOH
Some agencies have a clause in the contract to penalise such workers.
Rudi (not his real name) found out he had to pay Fesco Asia $560, which is what the job which the agency found him would have paid for two weeks.
The 28-year-old, who had been unemployed for about two months, approached the agency in mid-September.
The agency found him a job and Rudi signed a letter of acceptance.
He later accepted, through another agency, a job closer to his home.
COMMON
Such cases are getting more common, say recruitment agencies.
Mr Tom Lee, manager of Fesco Asia, said the company, which spends time processing resumes and finding suitable employers, incurs losses when applicants accept jobs and fail to show up.
That is why it included the 'pay up' clause in its application forms when it was set up more than 10 years ago.
'This clause acts as a deterrent to job-seekers who might not turn up for work after we have put them in touch with our clients,' said Mr Lee.
'They have become more choosy as the economy improves.
'When the job market wasn't so good, applicants who came to us were willing to accept any job.'
Another recruitment agency, Adecco-Asia, said it has a similar clause in its application forms.
Ms Yi Ling, a staffing consultant with the 20-year-old company, said: 'There is also a notice period which applies to job-seekers who might have a change of heart after signing up with us.
'The candidates should inform us at least three days in advance so that we have enough time to find a proper replacement for our client's company.'
Online job recruitment agency Jobstreet.com also has a similar clause to protect itself against errant job applicants.
Said Mr Alan Ong, its account manager: 'This is to protect us and our clients from the losses both parties would likely face in such an event.'
Adecco-Asia and Jobstreet.com said the levy imposed on such job-seekers is about two weeks of their salary.
But what happens if the applicants refuse to pay up?
Mr Lee said there are four or five such cases each year and the company will take them to the Small Claims Tribunal as a last resort.
'It's only those who refuse to pay or do not provide a reasonable explanation for their actions that cause us to pursue the issue in the Small Claims tribunal,' said Mr Lee.
Lawyer Nakoorsha Abdul Kadir said it is possible for the agencies to get a ruling in their favour.
'Ultimately, both parties agreed on the terms of the contract,' he said.
'The agency has to prove its loss (caused by the job-seeker). If it can prove it spent time, effort and money in helping the person, it's only right that it is compensated.'
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