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Contract says 'Shall not quit the job for 2 years'

Jen
Member
Mon, 10 Oct 2011 03:27:02 PM  (Last updated: Tue, 11 Oct 2011 09:21:51 AM)

Dear Advisor,

I signed up a contract with a local recruitment agency in May, 2011 for job as Onsite Project Manager for one of their partnering company's client. My contract was pen down for 2 years with an unsual clause indicating "By accepting this offer you completely understand and agree that you will not quit this job /position for a minimum period of Two Years from the date of appointment." And my notice period of 2 months will only come intact once my 2 years services is over with the Agency.

Can such contact clauses be made/valid?

Now that i have got an offer from another company and tendered my resignation on 30th Sept 2011 with 2 months notice. They have accpected it but haven't acknowledge it with any official letter giving excuses that they are talking to the clients and cant be pushy. I have no clue why they are bringing in client into this frame when this should righfully deal between the Agency and myself.

My new employer is willing to buyout the 1 month notice, so i can only serve 1 month notice. I have also proposed this option to my Agency/ Partnering co but they are refusing it. Now that the agency is not taking any responsibility in handling my resignation by leaving all behind to the partnering co which i am working for. What was agreed before was the Agency will take care of my HR/Payroll/Administrative issues.

I am planning to stop servicing for them by end of Nov + pay in-lieu but have no idea of the consequences. What happens if i really opt for this option? Can the Agency take any action upon me? Is there any other way to solve this?

I really cant achieve consensus talking to them.

Please Advise.

Thanks and Regards,

Jen.

KL Siew
Administrator
Mon, 10 Oct 2011 08:06:18 PM

Since there is no mention of consequences or penalties for leaving early, I am also not sure what can they possibly do to you. You do what you have to do I suppose.

Jen
Member
Tue, 11 Oct 2011 09:21:51 AM

Noted with Thanks KL Siew.

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