The Placement Fee Agreement is essential for organizations engaging recruitment agencies in Austria. It serves as the foundational document governing the relationship between recruitment agencies and their client companies, establishing clear terms for fees, services, and mutual obligations. This agreement is particularly important in the Austrian context, where recruitment services are regulated under the Arbeitsmarktförderungsgesetz (AMFG) and must comply with specific trade regulations. The document typically includes detailed fee structures, success criteria, replacement guarantees, and data protection provisions aligned with Austrian and EU regulations. It's commonly used when companies seek external expertise for their hiring needs, whether for individual placements or ongoing recruitment support.
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1. Parties: Identification of the placement agency and the client company, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' business activities
3. Definitions: Key terms used throughout the agreement, including 'Candidate', 'Placement', 'Successful Placement', 'Fee', etc.
4. Scope of Services: Detailed description of recruitment services to be provided by the agency
5. Fee Structure: Basic framework for calculation of placement fees, payment terms, and conditions triggering fee obligation
6. Agency Obligations: Agency's commitments regarding candidate screening, presentation, and quality assurance
7. Client Obligations: Client's responsibilities including information provision, confidentiality, and candidate engagement process
8. Replacement Guarantee: Terms under which the agency will provide replacement candidates
9. Term and Termination: Duration of the agreement and conditions for termination
10. Confidentiality: Obligations regarding confidential information exchange
11. Data Protection: Compliance with DSG and GDPR requirements in candidate data handling
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Non-Solicitation: Prevents client from directly hiring agency staff, used for larger agencies with significant internal staff
2. Volume Discounts: Special fee arrangements for clients with high placement volumes
3. International Placements: Additional terms for cross-border recruitment services
4. Specific Industry Requirements: Special provisions for regulated industries or positions requiring specific qualifications
5. Multiple Location Services: Terms for clients requiring placements across multiple locations or subsidiaries
6. Service Level Agreement: Specific performance metrics and response times, typically used for retained search arrangements
1. Fee Schedule: Detailed fee calculations, percentages, and any sliding scales based on salary bands
2. Service Specifications: Detailed description of recruitment process, methodologies, and deliverables
3. Required Position Types: List of positions or roles client typically needs to fill
4. Data Processing Agreement: Detailed terms for handling personal data in compliance with GDPR
5. Client Locations: List of client office locations covered by the agreement
6. Interview Process: Agreed workflow and procedures for candidate presentation and interview process
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Financial Services
Technology
Manufacturing
Healthcare
Retail
Construction
Education
Telecommunications
Energy
Legal Services
Consulting
Logistics
Real Estate
Relevant Teams
Human Resources
Legal
Procurement
Finance
Operations
Compliance
Executive Leadership
Talent Acquisition
Administration
Relevant Roles
Human Resources Director
Talent Acquisition Manager
Procurement Manager
Legal Counsel
HR Business Partner
Recruiting Manager
Chief Human Resources Officer
Finance Director
Operations Manager
Contracts Manager
Chief Executive Officer
Human Resources Administrator
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