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Employment Agency Agreement

This template is an agreement between an employer and an employment agency for the recruitment of staff. It outlines the terms and conditions under which the agency will provide recruitment services.

Updated 15d ago
employment agencyrecruitmentstaffingagency agreementhuman resourcesemployer

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

EMPLOYMENT AGENCY AGREEMENT

This Employment Agency Agreement (hereinafter referred to as the “Agreement”) is made and entered into on this {{day}} day of {{month}}, {{year}} (the “Effective Date”),

BETWEEN:

{{client_company_name}}, a company duly incorporated and registered under the laws of {{jurisdiction}}, with its principal place of business at {{client_company_address}} (hereinafter referred to as the “Client”),

AND

{{agency_company_name}}, a company duly incorporated and registered under the laws of {{jurisdiction}}, with its principal place of business at {{agency_company_address}} (hereinafter referred to as the “Agency”).

The Client and the Agency shall hereinafter be collectively referred to as the “Parties” and individually as a “Party”.

1. RECITALS

1.1 The Client is desirous of engaging the services of the Agency to assist in the recruitment, screening, and placement of suitable candidates for various positions within the Client’s organisation.

1.2 The Agency is in the business of providing employment and recruitment services and has represented to the Client that it has the necessary expertise, resources, and personnel to perform the services required by the Client.

1.3 The Parties hereto desire to enter into this Agreement to set forth the terms and conditions under which the Agency shall provide such services to the Client.

2. DEFINITIONS

2.1 “Candidate” means any person introduced by the Agency to the Client for potential employment.

2.2 “Engagement” means the engagement, employment, or use of a Candidate by the Client, whether on a permanent, temporary, fixed-term, or consulting basis, directly or indirectly through any third party.

2.3 “Fee” means the remuneration payable by the Client to the Agency for successful placements.

3. SCOPE OF SERVICES

3.1 The Agency agrees to provide the following recruitment services to the Client:

a) Sourcing and attraction of suitable Candidates for positions specified by the Client.

b) Screening and interviewing Candidates to assess their suitability, qualifications, and experience.

c) Presenting a shortlist of qualified Candidates to the Client, along with their resumes and assessment reports.

d) Arranging interviews between the Client and selected Candidates.

e) Conducting reference checks and, if requested by the Client, background checks on selected Candidates.

f) Assisting in salary negotiations and offer management.

g) Any other services as mutually agreed upon by the Parties in writing.

4. CLIENT OBLIGATIONS

4.1 The Client shall provide the Agency with accurate and detailed job descriptions for each vacancy, including required qualifications, experience, and salary ranges.

4.2 The Client shall promptly review Candidate profiles and provide feedback to the Agency.

4.3 The Client shall provide the Agency with reasonable access to information and personnel necessary for the Agency to perform its services.

4.4 The Client shall notify the Agency immediately upon offering employment to a Candidate introduced by the Agency and provide details of the offer and commencement date.

5. FEES AND PAYMENT TERMS

5.1 For each successful Engagement of a Candidate introduced by the Agency, the Client shall pay the Agency a Fee equal to {{percentage}}% of the Candidate’s total annual gross salary, or a flat fee of {{flat_fee_amount}}.

5.2 The Fee shall become due and payable within {{payment_days}} days of the Candidate’s commencement of employment with the Client.

5.3 All fees are exclusive of Value Added Tax (VAT) or any other applicable taxes, which shall be added to the invoice at the prevailing rate.

5.4 In the event that a Candidate leaves the Client's employment within {{guarantee_period}} days of their start date, for reasons other than retrenchment or gross misconduct by the Client, the Agency agrees to provide a replacement Candidate at no additional charge, or a pro-rata refund of the fee.

6. CONFIDENTIALITY

6.1 Both Parties agree to keep confidential all non-public information received from the other Party during the term of this Agreement and for a period of {{confidentiality_years}} years thereafter.

6.2 Confidential information shall include, but not be limited to, business plans, financial information, client lists, candidate data, and trade secrets.

7. INDEMNIFICATION

7.1 Each Party agrees to indemnify and hold harmless the other Party, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of any breach of this Agreement or any negligent or willful act or omission by the indemnifying Party.

8. TERMINATION

8.1 Either Party may terminate this Agreement by providing {{notice_days}} days written notice to the other Party.

8.2 Termination shall not relieve the Client of its obligation to pay any fees due for Engagements concluded prior to the effective date of termination.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 This Agreement shall be governed by and construed in accordance with the laws of {{jurisdiction}}.

9.2 Any dispute arising out of or in connection with this Agreement shall first be resolved through good faith negotiations between the Parties. If the dispute cannot be resolved amicably, it shall be referred to mediation or, failing that, to arbitration in accordance with the rules of {{arbitration_body}}.

10. ENTIRE AGREEMENT

10.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties.

Signature Block

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

FOR THE CLIENT:

___________________________

Name: {{client_ signatory_name}}

Title: {{client_signatory_title}}

Date: {{client_signature_date}}

FOR THE AGENCY:

___________________________

Name: {{agency_signatory_name}}

Title: {{agency_signatory_title}}

Date: {{agency_signature_date}}

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