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Recruitment Agency Contract for Indonesia

Recruitment Agency Contract Template for Indonesia

A comprehensive agreement governed by Indonesian law that establishes the terms and conditions between a client company and a recruitment agency for professional recruitment services. The document ensures compliance with Indonesian labor laws, including Law No. 13 of 2003 on Manpower and relevant ministerial regulations, while defining the scope of services, fee structures, and mutual obligations. It includes provisions for candidate sourcing, screening processes, placement terms, warranty periods, and data protection requirements specific to the Indonesian context, along with dispute resolution mechanisms under Indonesian jurisdiction.

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Recruitment Agency Contract

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What is a Recruitment Agency Contract?

The Recruitment Agency Contract serves as a crucial legal framework for companies operating in Indonesia who wish to engage professional recruitment services. This document is essential when a company needs to formalize its relationship with a recruitment agency, ensuring compliance with Indonesian labor laws, particularly Law No. 13 of 2003 on Manpower and Minister of Manpower Regulation No. 39 of 2016. The contract covers all aspects of the recruitment process, from service scope and fee structures to confidentiality and data protection requirements. It's particularly relevant in today's competitive Indonesian job market where companies increasingly rely on professional recruitment agencies for talent acquisition. The document includes specific provisions for candidate warranties, replacement guarantees, and dispute resolution mechanisms, all tailored to the Indonesian legal framework. Whether for one-time recruitment needs or ongoing talent acquisition services, this contract type provides the necessary legal protection and operational clarity for both parties.

What sections should be included in a Recruitment Agency Contract?

1. Parties: Identification of the recruitment agency and the client company, including their complete legal details and authorized representatives

2. Background: Context of the agreement, including the client's recruitment needs and the agency's expertise and qualifications

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of recruitment services to be provided, including search, screening, and candidate presentation processes

5. Terms of Engagement: Duration of the agreement, renewal terms, and conditions for termination

6. Fees and Payment Terms: Fee structure, payment schedule, and conditions for success fees or retainers

7. Service Level Agreements: Performance metrics, response times, and quality standards for recruitment services

8. Obligations of the Agency: Agency's responsibilities, including compliance with labor laws and professional standards

9. Obligations of the Client: Client's responsibilities, including provision of information and feedback timelines

10. Confidentiality: Provisions for handling confidential information and candidate data

11. Data Protection: Compliance with Indonesian data protection laws and handling of personal information

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

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

14. Liability and Indemnification: Limitation of liability and indemnification obligations

15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

16. General Provisions: Standard boilerplate clauses including force majeure, notices, and amendments

What sections are optional to include in a Recruitment Agency Contract?

1. International Recruitment: Additional provisions for international candidate sourcing and compliance with cross-border recruitment regulations

2. Replacement Guarantee: Terms for candidate replacement if placed candidates leave within a specified period

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

4. Additional Services: Provisions for additional services like background checks, psychometric testing, or onboarding support

5. Exclusivity Arrangements: Terms for exclusive recruitment rights for specific positions or departments

6. Performance Incentives: Bonus structures or incentives for exceeding performance targets

7. Virtual Recruitment Processes: Specific provisions for remote recruitment and virtual interviewing procedures

What schedules should be included in a Recruitment Agency Contract?

1. Schedule A - Fee Structure: Detailed breakdown of all fees, including placement fees, retainers, and additional service charges

2. Schedule B - Service Specifications: Detailed description of recruitment processes, methodologies, and deliverables

3. Schedule C - Required Personnel: List of positions to be filled and their specific requirements

4. Schedule D - Performance Metrics: Detailed KPIs and measurement criteria for service level agreements

5. Schedule E - Compliance Checklist: List of regulatory requirements and compliance procedures

6. Appendix 1 - Standard Operating Procedures: Detailed recruitment procedures and workflows

7. Appendix 2 - Report Templates: Standard formats for candidate reports and progress updates

8. Appendix 3 - Communication Protocols: Procedures for regular communications and escalation paths

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Employment Form

Cost

Free to use
Relevant legal definitions




































Clauses






























Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Education

Retail

Professional Services

Construction

Energy

Telecommunications

Hospitality

Mining

Agriculture

Transportation

E-commerce

Relevant Teams

Human Resources

Legal

Compliance

Finance

Procurement

Operations

Administration

Executive Leadership

Talent Acquisition

Risk Management

Relevant Roles

Human Resources Director

Talent Acquisition Manager

Legal Counsel

HR Manager

Recruitment Manager

Compliance Officer

Operations Director

Chief Human Resources Officer

Business Development Manager

Finance Manager

Company Secretary

General Counsel

HR Business Partner

Talent Management Specialist

Procurement Manager

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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