The Staffing Agency Contract is essential for businesses operating in Malta that engage temporary workers through staffing agencies. This document is specifically designed to comply with Maltese employment law, including the Employment and Industrial Relations Act (Chapter 452) and the Temporary Agency Workers Regulations (S.L. 452.106), while also adhering to relevant EU directives. It outlines the terms of engagement between staffing agencies and client companies, covering crucial aspects such as worker rights, payment terms, liability allocation, and regulatory compliance. The contract is particularly important given Malta's growing economy and the increasing reliance on flexible workforce solutions across various sectors. It includes specific provisions for data protection under GDPR, worker vetting requirements, and safeguards for all parties involved in temporary staffing arrangements.
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1. Parties: Identification of the staffing agency and the client company, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including the agency's authority to provide staffing services and the client's need for temporary workers
3. Definitions: Definitions of key terms used throughout the agreement, including 'Temporary Workers', 'Assignment', 'Services', etc.
4. Services: Detailed description of the staffing services to be provided by the agency, including recruitment, screening, and placement processes
5. Agency Obligations: The agency's responsibilities including worker vetting, compliance with employment laws, and maintenance of necessary licenses
6. Client Obligations: Client's responsibilities including workplace safety, supervision, and providing necessary information about assignments
7. Temporary Worker Status: Clarification of employment relationship and worker status under Maltese law
8. Fees and Payment Terms: Payment structure, rates, invoicing periods, and payment terms
9. Data Protection: Compliance with GDPR and Maltese data protection laws regarding worker and client information
10. Confidentiality: Protection of confidential information between all parties
11. Duration and Termination: Contract term, renewal provisions, and termination circumstances
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Insurance: Required insurance coverage for all parties
14. Dispute Resolution: Process for handling disputes under Maltese law
15. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. International Assignments: Include when temporary workers may be posted across borders within the EU
2. Conversion Fee: Include when allowing clients to hire temporary workers permanently, specifying conversion fee structure
3. Specific Industry Requirements: Include when dealing with regulated industries requiring specific certifications or compliance
4. Volume Commitments: Include when client commits to minimum volume of temporary staff
5. Performance Guarantees: Include when specific performance levels are guaranteed for temporary workers
6. Specialized Training: Include when agency provides specific training for temporary workers
7. Multi-Site Operations: Include when services are provided across multiple client locations
1. Schedule 1 - Fee Structure: Detailed breakdown of agency fees, markup percentages, and payment terms
2. Schedule 2 - Service Level Agreement: Specific performance metrics and service levels to be maintained
3. Schedule 3 - Worker Vetting Process: Detailed procedures for worker screening and qualification verification
4. Schedule 4 - Assignment Terms Template: Standard template for individual worker assignments
5. Schedule 5 - Health and Safety Requirements: Specific health and safety obligations for different types of assignments
6. Appendix A - Required Worker Documentation: List of required documents and certifications for temporary workers
7. Appendix B - Data Processing Agreement: Detailed GDPR-compliant data processing terms
8. Appendix C - Insurance Requirements: Specific insurance coverage requirements and minimum limits
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Information Technology
Gaming and iGaming
Manufacturing
Healthcare
Professional Services
Construction
Hospitality and Tourism
Retail
Maritime Services
Transportation and Logistics
Education and Training
Relevant Teams
Human Resources
Legal
Procurement
Operations
Compliance
Finance
Project Management
Risk Management
Talent Acquisition
Contract Administration
Relevant Roles
Human Resources Director
Legal Counsel
Procurement Manager
Operations Director
Compliance Officer
Finance Manager
Project Manager
HR Business Partner
Talent Acquisition Manager
Risk Manager
Contract Administrator
Department Managers
Chief Operating Officer
Employment Law Specialist
Workforce Planning Manager
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