This Recruitment Agreement (Agreement) is made as of ________________ (the Effective Date) by and between ________________ (“Recruiter”) of address ____________ and________________ (“Client“) of address ____________.
BASIS OF APPOINTMENT
- The Recruiter will provide Client with “Presented Candidates” upon receipt of the following information from Client for each request it makes of Recruiter to perform its services.
- Client appoints Recruiter as its exclusive Recruiter; to recruit skilled labour in the Territory on the terms of this Agreement and Recruiter accepts the appointment on these terms. Client is not entitled to appoint other Recruiters, to recruit labour in the Territory during the 6 (six) months validity of this contract.
- In order for Recruiter to conduct a full and professional search, Client agrees that any and all CV’s, names and contact details received from other sources will be forwarded to Recruiter for inclusion in the search process. Engagement of a Presented Candidate following an introduction by Recruiter for a current or future opening supersedes any prior contact with or knowledge of that Presented Candidate by Client, and therefore the fees set out below shall remain payable.
- Information on Presented Candidates, including names and contact details, is provided by Recruiter on a strictly confidential basis and should not be disclosed to a third party without the prior written consent of Recruiter. In the event that Client acts in breach of this clause, and the Presented Candidate is subsequently engaged by a third party within three (3) months of the said breach by Client, then the Client shall indemnify Recruiter as to its losses and shall pay to Recruiter a fee calculated in accordance with clause 8 below. In the event that Client breaches this clause, it shall notify Recruiter in writing within fourteen (14) days of the date of the discovery of its breach.
- Recruiter will carry out the following actions in search for suitable candidates:
- Define the function
- Determine the search strategy
- Execute the stipulated search phases
- Pre-select by application documents and defined assessment frame
- Conduct evaluation interviews, which entail a structured and an unstructured part as well as professional evaluation of candidates;
- Introduce potential candidates for direct interviews with Client (including candidates’ dossier);
- Careful review and precise analysis of the suitability of a candidate to fulfil the anticipated role.
- Gather references
- Give recommendations in the form of a brief report as the decision basis.
- The Recruiter will use its resources, domain knowledge, experience, skill, and its best efforts to recruit, identify, screen, test, and check candidates for each Client request in accordance with standard pre-employment practices for identifying qualified candidates for a position. Any special screening requirements such as drug testing, criminal background checks, credit checks, specialized testing, and industry-specific checks are made at the request of Client.
- Analysis and Pre-selection. The Recruiter will receive all applications and assess them based on the job specifications. Relevant candidates will be contacted and a first telephone interview will take place to verify the qualifications of the applicant. This will ensure that only suitable candidates are invited to a personal interview.
- Candidate Interviews. Following the analysis and pre-selection, Recruiter shall invite all relevant candidates to a personal (face-to-face/Skype) meeting. The interview will include the following benchmarks:
- Professional training
- Occupational development and experience
- Personal background
- Personality traits
- Motivation for a change
- Requirements of the prospective job
- Compliance with the required profile.
- Presentation of Candidates. At the successful conclusion of the personal interview sessions, candidate files will be compiled and forwarded to Client. Subsequently, discussion will be held between Client and Recruiter about profiles of the pre-selected candidates. Recruiter will present its recommendations for the selection.
**Recruiter services in no event replace the thorough examination of the Presented Candidate by Client.
- The Client shall be responsible for:
- The selection of the Presented Candidate;
- Performance of the duties transferred to Presented Candidate;
- Obtaining all employment, residency or other permits;
- Carrying out all of the duties that are assigned to the new co-worker in the course of his employment.
- Decide which candidate will be invited to a personal meeting in her company and Recruiter may be part of this meeting at Client’s request.
- Ensuring that any Presented Candidate to whom an offer of employment is made (whether temporary or permanent) shall undertake all necessary checks to ensure that the candidate is not subject to any international sanction laws and regulations issued by the USA, the EU, the UN or any applicable local laws and regulations.
- Holding Recruiter completely harmless from all claims by candidates, applicants and brokered co-workers as well as by third parties that are connected with the selection and brokering of candidates and co-workers.
- The Client agrees to pay the agreed recruitment fee when the financing is raised.
- Additionally, there will be no 12 month guarantee offered on the job placement.
- In the event that the contract is cancelled within the first month for any reason, Recruiter will not be held liable and Recruiter will charge Client the agreed fee. Such payments will be made within seven (7) days of the commencement of the Presented Candidates employment at Client’s facility.
- In the event that Presented Candidate resigns or is terminated for cause from Client within thirty (30) days of commencing employment, at Client’s sole discretion, Recruiter shall recruit another candidate to replace such Presented Candidate at no charge to Client.
- Recruiter shall not be entitled to any additional compensation in connection with the provision of services on behalf of Client, or in connection with Client’s use and/or exploitation of the results and proceeds of such services, and the rights granted to Client under this Agreement.
- “Confidential Information” means (i) any information regarding Client’s current employees, staffing needs, or employment policies, (ii) any information concerning the existing or future products of Client; (iii) the terms of this Agreement, (iv) any software, documentation, materials or information provided to Recruiter by Client in order to assist Recruiter in performing the services; and (v) any additional designated in writing as “confidential” by Client. Confidential Information will not include, however, any information described above to the extent any of the following may be included therein: (1) information that becomes known to the general public without breach of the nondisclosure obligations of this Agreement; (2) information that is obtained from a third party or independently developed without breach of a nondisclosure obligation and without restriction on disclosure; and (3) information that is required to be disclosed in connection with any suit, action or other dispute related to this Agreement.
- Recruiter agrees to hold in confidence, and not to use except as expressly authorized in this Agreement, all Confidential Information and to use reasonable care to prevent the unauthorized disclosure or use of the other party’s Confidential Information, both during and after the term of this Agreement.
- The mutual duty of confidentiality applies to any information about Recruiter or Client that is not publicly available and is exchanged between Client and Recruiter in the course of performing this Agreement.
- Client acknowledges that both parties are separate data controllers for the personal data processed under this Agreement. For the avoidance of doubt, the Parties do not wish to establish a joint controller relationship in relation to the services provided under this Agreement. Each Party commits to comply with all applicable privacy and data protection laws. Any personal data provided by Recruiter to Client will only be used for the limited purposes as described in this Agreement and in accordance with aforementioned laws and regulations. Parties shall not knowingly perform their obligations under this Agreement in such a way as to cause the other party to breach any of its obligations under applicable data protection legislation.
DURATION OF AGREEMENT
- The term of this Agreement commences on the Effective Date and expires after ____________ months/ years.
- Either party may terminate this Agreement upon thirty (30) days’ prior written notice to the other party at any time, thereafter the Client’s only remaining obligation hereunder shall be to pay Recruiter compensation and/or reimbursement expenses, as applicable then due and accrued but not yet paid from performed services.
EQUAL OPPORTUNITY EMPLOYER POLICY
- Both Client and Recruiter are Equal Opportunity Employers, and each of the parties endeavors to recruit, hire, and engage employees, independent contractors, and applicants for employment without regard to race, color, religion, age, sex, marital status, sexual preference, national origin, physical or mental disability, or veteran status.
- Each party agrees to indemnify and hold the other harmless with respect to any and all losses, damages or expenses (including reasonable attorney’s fees) which either party shall sustain as a result of the other’s negligent acts, errors or omissions in carrying out the responsibilities in this Agreement. The indemnified Party shall provide the indemnifying Party with prompt written notice of any such indemnification claim. The indemnifying Party shall have sole control and authority with respect to the defense and settlement of any such claim. The indemnified Party shall cooperate fully with the indemnifying Party, at the indemnifying Party’s sole cost and expenses, in the defense of any such claim. The indemnifying Party shall not agree to settle any such claim that does not include a complete release of the indemnified Party from all liability with respect thereto or that imposes any liability, obligation or restriction on the indemnified Party without the prior written consent of the indemnified Party. The indemnified Party may participate in the defense of any claim through its own counsel, and at its own expense.
- Recruiter is an independent contractor, and nothing in this Agreement will be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint venture. Recruiter will be responsible for all tax withholdings.
- In the event of any controversy or dispute between the parties, the specific conditions expressly agreed to in writing by Recruiter and Client in this Agreement will supersede anything not foreseen or agreed to. Disputes shall be resolved by arbitration under the Federal Arbitration Act and before the Switzerland’s international arbitration Law then governing Commercial Arbitration Rules. The arbitration proceeding shall be held at a location mutually agreed to by the parties in writing. The administrative cost of the arbitration and the arbitrator’s fee shall be shared equally by the parties. The arbitrator in such an instance shall have no authority to modify the terms of this Agreement. All decisions of such arbitrator shall be final and binding upon both parties. Both parties are responsible for their own attorney’s fees and costs incurred in connection with such arbitration.
- During the term of this agreement and for a period of ___________years after termination, Recruiter shall not contact, nor shall Recruiter cause to be contacted for purposes of recruiting, any current or prospective employee of Client.
Discretion / Obligation
- Recruiter commits to complete discretion and, in any case, forwards information only after explicit written or verbal confirmation through Client or Presented Candidate. Client commits to keep documentation provided by the Presented Candidate confidential and, without prior written or verbal agreement with Recruiter, neither to obtain references of the candidates nor to contact the candidates directly.
- Client assures the exclusive assignment solely to the Recruiter.
- After careful consideration of the documents received Client authorizes Recruiter exclusively, the recruitment and selection of the aforementioned position(s). Concurrently, Client agrees with the detailed procedure outline and the specified terms and conditions.
- Recruiter hereby irrevocably assigns information generated in the course of this Agreement to Client. Such information includes, without limitation, resumes, contact information, and call/prospecting histories, or other written or recorded communications with Presented Candidates. In the event that such information cannot be assigned, Recruiter grants to Client a fully-paid, transferable, assignable, worldwide, exclusive, perpetual license to such information.
- The provisions of the Presentation, Confidentiality, and General Terms sections above shall survive the expiration or termination of this Agreement.
GOVERNING LAW AND JURISDICTION
- This Agreement will be governed by and interpreted under Swiss laws, without giving any effect to applicable conflicts of law principles. Legal disputes between Recruiter and Client are subject to the jurisdiction of the courts of Basel. In addition, Recruiter has the right to call upon the responsible court in the jurisdiction of the Client’s domicile or legal seat.
The foregoing is agreed to by the undersigned as of the date first written above.
By (Sign) ____________________________
By (Sign) ____________________________
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