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 specified field on the terms of this Agreement and Recruiter accepts the appointment on these terms.
- 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’S OBLIGATIONS
Recruiter will carry out the following actions in search for suitable candidates:
- Define the position
- 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
- Careful review and precise analysis of the suitability of a candidate to fulfil the anticipated role.
- 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.
The Client agrees to pay the agreed recruitment fee when the financing is raised.
“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.
- INTELLECTUAL PROPERTY
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.
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.
- GENERAL TERMS
- 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.
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.
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 the laws of _____________________
The foregoing is agreed to by the undersigned as of the date first written above.
By (Sign) ____________________________
By (Sign) ____________________________
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