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Recruiting Agency Contract for Malta

Recruiting Agency Contract Template for Malta

This document establishes a formal agreement between a recruitment agency and a client company under Maltese law, outlining the terms and conditions for professional recruitment services. It incorporates compliance with Malta's Employment and Training Services Act and relevant EU regulations, including GDPR requirements. The contract details service levels, fee structures, candidate replacement guarantees, and data protection obligations while ensuring alignment with Malta's employment legislation and recruitment industry standards. It provides a comprehensive framework for managing the recruitment relationship while protecting both parties' interests under Maltese jurisdiction.

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What is a Recruiting Agency Contract?

The Recruiting Agency Contract serves as the primary legal instrument governing the relationship between professional recruitment agencies and their client companies in Malta. It is essential for organizations seeking to engage external recruitment services while ensuring compliance with Maltese employment law, EU regulations, and data protection requirements. This document is typically used when companies need to formalize their recruitment partnership arrangements, whether for permanent placement, temporary staffing, or executive search services. The contract incorporates key provisions required under Maltese law, including licensing requirements under the Employment and Training Services Act, data protection measures aligned with GDPR, and specific terms regarding fee structures, service levels, and candidate guarantees. It's particularly relevant for Malta's growing sectors such as financial services, gaming, and technology, where professional recruitment services are frequently required.

What sections should be included in a Recruiting Agency Contract?

1. Parties: Identification of the Recruitment Agency and the Client Company, including registered addresses and company registration numbers

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

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

4. Scope of Services: Detailed description of recruitment services to be provided, including type of recruitment, positions covered, and geographic scope

5. Service Level Agreement: Performance standards, response times, and quality metrics for the recruitment services

6. Fees and Payment Terms: Fee structure, payment schedule, and calculation methods for recruitment services

7. Data Protection and Confidentiality: GDPR compliance measures and confidentiality obligations for both parties

8. Term and Termination: Duration of the agreement and conditions for termination

9. Warranties and Representations: Guarantees provided by both parties regarding their capacity and service delivery

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

11. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction under Maltese law

12. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

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

1. Replacement Guarantee: Terms of candidate replacement if placement is unsuccessful within a specified period

2. Volume Discounts: Special pricing arrangements for bulk hiring or preferred client status

3. International Recruitment: Additional terms for cross-border recruitment services and compliance with immigration laws

4. Temporary Staffing Services: Terms specific to temporary or contract staffing arrangements

5. Executive Search Services: Specific terms for executive level recruitment services

6. Off-Limits Agreement: Restrictions on recruiting from client's existing workforce

7. Service Exclusivity: Terms for exclusive recruitment partnership arrangements

What schedules should be included in a Recruiting Agency Contract?

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

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

3. Schedule 3 - Key Performance Indicators: Specific metrics for measuring service performance

4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

5. Schedule 5 - Required Forms and Templates: Standard forms for job orders, candidate submissions, and other regular communications

6. Appendix A - Client Policies: Client's relevant HR policies and requirements for candidates

7. Appendix B - Compliance Checklist: List of regulatory requirements and compliance measures

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

Malta

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions


































Clauses



































Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Gaming and iGaming

Hospitality and Tourism

Retail

Maritime

Construction

Education

Telecommunications

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Talent Acquisition

Business Development

Executive Leadership

Relevant Roles

HR Manager

Recruitment Manager

Legal Counsel

Procurement Manager

Operations Director

HR Director

Talent Acquisition Manager

Chief Human Resources Officer

Compliance Officer

Contract Manager

Business Development Manager

Finance Director

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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