The Employment Agency Agreement is essential for businesses operating in Malta that engage recruitment agencies for their hiring needs. This document is specifically designed to comply with Maltese employment legislation, including the Employment and Training Services Act (Chapter 343) and Employment Agencies Regulations (S.L. 343.24). It outlines the relationship between employment agencies and their clients, covering crucial aspects such as service scope, fees, candidate warranties, data protection, and compliance requirements. The agreement is particularly important given Malta's strict regulation of employment agencies and the need to adhere to both local and EU standards, especially regarding data protection and fair employment practices. It serves as a vital tool for protecting both agencies and clients while ensuring transparent and professional recruitment services.
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1. Parties: Identification of the Employment Agency and the Client Company, including registration numbers and registered addresses
2. Background: Context of the agreement and brief description of the parties' businesses and intentions
3. Definitions: Definitions of key terms used throughout the agreement, including 'Candidates', 'Placement', 'Services', 'Fees'
4. Scope of Services: Detailed description of recruitment services to be provided, including search, screening, and selection processes
5. Agency Obligations: Agency's responsibilities, including compliance with Employment Agency Regulations and professional standards
6. Client Obligations: Client's responsibilities, including provision of accurate job descriptions and timely information
7. Data Protection and Confidentiality: GDPR compliance measures and confidentiality obligations for both parties
8. Fees and Payment Terms: Detailed fee structure, payment schedules, and conditions for fee payment
9. Term and Termination: Duration of agreement and circumstances under which it can be terminated
10. Warranties and Representations: Statements of assurance from both parties regarding their capacity and compliance
11. Liability and Indemnification: Limitations of liability and indemnification provisions
12. General Provisions: Standard clauses including notices, entire agreement, governing law, and jurisdiction
1. Replacement Guarantee: Terms for replacement of candidates who leave within a specified period - include when offering replacement guarantees
2. Volume Discounts: Structure for reduced fees based on volume of placements - include for larger clients or when offering tiered pricing
3. International Placements: Additional terms for cross-border recruitment - include when services extend beyond Malta
4. Temporary Staffing Provisions: Terms specific to temporary staff placement - include when offering temporary staffing services
5. Service Level Agreement: Specific performance metrics and timeframes - include when agreeing to specific service levels
6. Non-Solicitation: Restrictions on hiring agency staff or direct hiring of candidates - include when protecting agency interests
1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, including placement fees, retainer fees, and any additional charges
2. Schedule 2 - Services Description: Comprehensive list of services offered and detailed methodology
3. Schedule 3 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
4. Schedule 4 - Required Forms: Templates for job orders, candidate submissions, and other standard forms
5. Appendix A - Service Level Metrics: Specific performance indicators and measurement criteria
6. Appendix B - Compliance Checklist: List of regulatory requirements and compliance procedures under Maltese law
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Financial Services
Technology
Manufacturing
Healthcare
Retail
Hospitality
Construction
Gaming
Maritime
Education
Telecommunications
Banking
Insurance
Logistics
Relevant Teams
Human Resources
Legal
Procurement
Operations
Compliance
Finance
Commercial
Administration
Risk Management
Relevant Roles
HR Director
HR Manager
Recruitment Manager
Legal Counsel
Procurement Manager
Operations Director
Talent Acquisition Specialist
Compliance Officer
Business Development Manager
Managing Director
Chief Human Resources Officer
General Counsel
Commercial Director
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