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Placement Agency Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Placement Agency Agreement

"Need a Placement Agency Agreement under Hong Kong law for my fintech company, including terms for both permanent and contract staff placements, with a specific focus on cybersecurity roles and cross-border hiring between Hong Kong and Singapore."

Document background
The Placement Agency Agreement is essential for businesses operating in Hong Kong that engage professional recruitment services. This document establishes the formal relationship between placement agencies and their client companies, ensuring compliance with Hong Kong's Employment Agency Regulations and related laws. It is typically used when a company needs ongoing recruitment support or plans to engage a recruitment agency for multiple positions. The agreement covers crucial aspects such as service scope, fee structures, confidentiality obligations, and data protection requirements. It also addresses specific Hong Kong regulatory requirements, including agency licensing and permitted fee structures. This document is particularly important given Hong Kong's dynamic job market and the need for clear terms in professional recruitment relationships.
Suggested Sections

1. Parties: Identification of the placement agency and the client company, including full legal names and registered addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including 'Candidates', 'Placement Services', 'Success Fee', etc.

4. Scope of Services: Detailed description of recruitment and placement services to be provided by the agency

5. Agency Obligations: Key responsibilities of the placement agency, including screening processes, candidate sourcing, and compliance with regulations

6. Client Obligations: Client's responsibilities, including providing accurate job descriptions, timely feedback, and cooperation

7. Fees and Payment Terms: Fee structure, payment schedule, and conditions for fee payment

8. Confidentiality: Obligations regarding confidential information and data protection requirements

9. Non-Solicitation: Restrictions on hiring agency staff or direct hiring of candidates

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Warranties and Representations: Guarantees provided by both parties regarding their capacity and authority

12. Limitation of Liability: Limits on the agency's liability for candidate performance or other issues

13. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

14. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

Optional Sections

1. Replacement Guarantee: Terms for replacing candidates who leave within a specified period, used when offering guarantee periods

2. Multi-location Services: Additional terms for services provided across multiple office locations or jurisdictions

3. Volume Discounts: Special fee arrangements for bulk hiring or retained services

4. Background Check Services: Additional terms for conducting background checks on candidates

5. Immigration Services: Terms related to assistance with work visa applications and immigration matters

6. Online Portal Access: Terms for access and use of agency's online recruitment platform if applicable

7. Data Protection Agreement: Detailed data protection terms when handling sensitive personal information across borders

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, including placement fees, additional services, and payment terms

2. Schedule 2 - Service Level Agreement: Specific metrics and timelines for service delivery

3. Schedule 3 - Required Position Information: Template for job requirements and specifications

4. Schedule 4 - Candidate Information Requirements: Standard format for candidate profiles and required documentation

5. Schedule 5 - Agency Personnel: List of key agency personnel assigned to the client's account

6. Appendix A - Code of Conduct: Agency's professional standards and ethical guidelines

7. Appendix B - Compliance Requirements: Summary of relevant Hong Kong employment agency regulations and compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































Clauses




































Relevant Industries

Financial Services

Technology

Professional Services

Manufacturing

Retail

Healthcare

Education

Real Estate

Construction

Hospitality

Logistics

Telecommunications

Insurance

Media and Entertainment

Relevant Teams

Human Resources

Legal

Procurement

Finance

Compliance

Operations

Corporate Secretariat

Risk Management

Talent Acquisition

Relevant Roles

Human Resources Director

Talent Acquisition Manager

Legal Counsel

Chief Human Resources Officer

Recruitment Manager

HR Business Partner

Chief Operating Officer

Procurement Manager

Contracts Manager

Legal Director

Chief Financial Officer

HR Operations Manager

Company Secretary

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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