Really Need Advice !!!

Anselm

Ok, to surmise.

I plan on going to Australia in March 2006, and am about to book the whole trip, usual 12 months travelling around. I havent planned to tell my employers, was going to let them know in Jan/Feb. I am only in the job 3 months. BUT last night I looked at my employment contract, and it says that if I leave within 12 months I am liable to pay the Recruitment Agency fee that they paid for me (€5,000 + ). I have to book my flights before Xmas, but if I am going to have to pay my company this sum, I will be fukced, no way can I go to australia, cant afford €5k....Im up the walls here. Can anyone help - PLEASE GUYS , any advice needed and i need to move fast....
Thanks
R

AARRRGH

Hmmmm. That does not sound very legal to me.

You could be a **** and walk out the day you get paid. It would work... They'd get over it... But it's not very nice.

Are you easily replaceble?

D

Well then talk to all involved and check your options. Personally it looks like you will have to postpone the trip till at least your 12 months are up. Unless you can arrange to pay the recruiting fee off in installments.

dudara

I feel that this is more a matter for the Work forum. Moved accordingly.

dudara

LegacyUser

Wow, that doesn't sound right, maybe you could stick this in the work forum, you might get better advice.
I wouldn't have thought the agency would recieve that much money? Thats crazy!

Beruthiel

could you leave now?
I believe that the norm is if you leave before the 3 months are up the recruitment agency have to pay back the money.....

AARRRGH

Beruthiel wrote:

could you leave now?
I believe that the norm is if you leave before the 3 months are up the recruitment agency have to pay back the money.....

I have heard of this before also.

Bluetonic

Simple way out of this is to get yourself fired, i nthat way you did not break your contract.

Anselm

yeh

I have to say it to them , maybe I could ask for a career break ?

AARRRGH

Yes. You could just be honest with them, say you really need to do it, and you'll come back after your holiday.

If they're human they'll say no probem.

finlma

Should have read the contract before you signed it dude - major mistake. I always go through them with a fine tooth comb.
If I was you I'd postpone the Ozzie trip till the 12 months are up. Oz will still be there.

Angels

id tend to agree with finlma, Austrailia ain't going anywhere & if i were you, id stay working for the next 9 months, imagine the money you'd have saved by then & you would be more comfortable going to aussie. This way u don't have to pay the 5,000 grand if you leave work ( i think that is really stupid btw) you've got a few options

dazberry

Anselm wrote:

I am liable to pay the Recruitment Agency fee that they paid for me (€5,000 + ).

If your employer is sharp enough to put this in your contract - I would hazard a guess that firstly - there is a clawback on the fee from the agency if you stay less than a specified period of time, and secondly that if you're earning less than 43-50k, the agency fee may be a bit exaggerated. 5K may be a catch all figure, and it would definitely be very naughty trying to get 5K out of you when they are ultimately say only 2K out of pocket.

You got to discuss this with the powers that be. Sometimes contracts can be generic and/or hard nosed but when you talk to the ppl its a different story. Good luck

D.

mountainyman

I suggest you see a lawyer, the clause may be unenforceable.

nevertheless I would also suggest that you wait the year, I believe you are engaging in a bit of sharp practise here tbh (and I almost never sympathise with employers)

Anselm

The problem is that my (potential) travel buddies want to book flights ASAP as we are supposed to be going in March. It all hinges on whether I can go or not, so I think I have no option but to say it to work...
maybe I can offer to find a replacement for myself...or appeal to them for a sabattical on emotional grounds..anything really.! I need to get out of Ireland for a year, and I know that i signed the contract...but I need to get away and clear my head and heal my heart...

I would REALLY appreciate any suggestions, especially from anyone with a Legal View on this ??

Dundhoone

In all fairness, what employer would agree to giving you a year out after only 3 months working for them? You'd really have to have proved you were gods gift to whatever area you work in.

Clearly you have the travel itch, very hard to get something like that out of your head once you start thinking about it!

If you really want this your going to have to approach the HR people and discuss your contract. They wont want somebody working there who wants to leave anyway, so they may find some work-around for you on the agency fee.