Paying a candidate who leaves during the probation period?

With an unfilled position, the electrical company refused to pay for the work completed by the recruitment agency. According to the customer, the agency failed to carry out the assignment to find a suitable candidate. That’s when the agency contacted our office, hoping to recover the amount they were entitled to. Our lawyer concluded that the agency was rightful to request the payment. The agency had delivered a suitable candidate to the client as agreed. The fact that the electrician soon rejected the position was not the fault of the agency. The debtor opted for an employment contract with a probationary period in case things didn’t go as expected. Like any probationary period, candidates also have the right to make use of this probationary period and decline if they wish to. Despite the fact that the agency was in the right, they were also troubled with this situation. This had never been their intention when they proposed this candidate.

Our lawyer advised settling the case, whereby a proposal was made requesting 75% of the invoice instead, without court intervention. The additional interest and costs would then be covered by the agency. The customer, however, was unwilling to compromise. This left the recruitment agency with two options: either write off the claim or initiate legal proceedings to obtain payment. Knowing they had a strong case, the agency decided to initiate legal proceedings.