THIRD PARTY AGENCY

Hi!

Good afternoon!

I would like to see a legal advice regarding my case. I applied for a managerial position thru jobstreet through an agency. After I was interviewed by my prospective company, my agency told me that I was a direct hire of the company (not the agency) they are just a third party human resource of company which helps the company to look for its candidates.

After being hired by the company, the agency has a contract with me stating that "However in the event that, after the final interview and having been accepted their offer, or within two months of your rendering your services decide to withdraw for any reason then you shall indemnify and pay "the agency" the amount of 45k as damages resulting from your action". So after a week of being in the office I was surprised that I will be also functioning as the manager of its co subsidiaries to the company which was not discussed to me during the final interview.

I have not yet signed the employment contract with company since it is still for signature of the president. Now, I do plan to resign (second week ko pa lang). Is the agency's contract valid? I signed it kasi in good faith knowing that manager lang ako sa isang company.

Hope you will help me regarding my concern. Thank you very much!

yes, malamang yan kasi placement fee binayad ng company dun sa agency, so babawiin sa kanila ng company yun if nag resign ka.
technically valid yun but there can be exceptions. best have someone look at your contract with the agency in its entirety

okay po.pero what are the samples of the exceptions po? Thank you!

if the clause goes against laws, morals, good customs, publicorder, public policy