Article author
Charles Brecque
  • Updated

Recruitment contracts are agreements between employment agencies and their clients to supply permanent or fixed-term contract staff. The agreement establishes the terms of business, as well as the duties each party undertakes to perform. 

The employment agency agrees to provide staffing and recruiting services along with training courses. The agency endeavours particularly to ensure the suitability of candidates where vulnerable people are concerned. The agency is entitled to remuneration for their services. 

The client agrees to confirm the suitability of candidates. The client is liable to pay an introduction fee for the engagement of candidates by them or by third parties to whom they introduce the candidate to.

Core terms

  • Definitions
  • Introductory fees
  • Terms of business
  • Procedure + time frame for recruiting
  • Termination

Purpose

  • To establish the terms of business for the introduction of permanent or fixed-term contract staff to be directly engaged by the client.

Definitions

  • Candidate → the contract staff introduced by agency to client.
  • Introduction → following client’s instructions, this is (i) the passing by the agency of a candidate’s CV or information, or (ii) the interviewing of the candidate by the client.
  • Engagement → all employment or use by the client or a third party to whom the candidate has been introduced to by the client.

Client’s rights and obligations

  • Provide all necessary details and information of position available.
  • Provide any further documents requested by Agency.
  • Notify Agency of any offer it makes to candidate.
  • Notify Agency of any acceptance and the provide details of the agreed remuneration.
  • Pay introductory fee, including when Agency staff accepts engagement and when client engaged by third party.
  • Entitled to free replacement applicant in certain circumstances.
  • Obliged to satisfy for itself that candidate is suitable for the position.
  • Responsible for taking up any references, arranging medical examinations, and satisfying other requirements needed for the candidate.

Agency’s rights and obligations

  • Endeavours to ensure the suitability of candidates.
  • To provide relevant information to client about candidate.
  • Offers training courses once candidate’s employment has begun.
  • Reserves right to charge client appropriate training costs if applicant defaults.
  • Right to decide if applicant needs to be rescheduled for training.
  • Where engagement concerns work with a vulnerable person:
  • To take reasonable steps to verify confirm candidate’s identity, experience, and suitability.
  • To offer client copies of candidate’s qualifications and two references.
  • Inform client if unable to obtain these documents.
  • Right to charge interest on invoiced amounts unpaid by the due date.
  • Liability for death or personal injury arising from its own negligence.
  • Entitled to introduction fee unless client provides written evidence of contact with candidate prior to Agency’s introduction.

Other relevant terms

  • Mutual right to terminate agreement immediately.
  • Introductions of candidates are confidential.
  • Exclusion of liability for any loss or delay arising from Agency seeking a candidate or its failure to introduce a candidate.

Please don't hesitate to reach out if you have any questions or suggestions here.

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