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Staffing Agency Agreement
"I need a Staffing Agency Agreement for my Malaysian technology company that will be hiring temporary IT workers through an agency, with specific provisions for data security and intellectual property protection as we handle sensitive client information."
1. Parties: Identifies the staffing agency and client company with full legal names and registered addresses
2. Background: Sets out the context of the agreement, including the agency's authority to operate in Malaysia and the client's need for staffing services
3. Definitions: Defines key terms used throughout the agreement, including 'Temporary Workers', 'Services', 'Assignment', etc.
4. Scope of Services: Details the specific staffing services to be provided, including recruitment, placement, and management of temporary workers
5. Agency Obligations: Outlines the staffing agency's responsibilities, including compliance with Malaysian employment laws, screening processes, and worker management
6. Client Obligations: Specifies the client's responsibilities regarding temporary workers, workplace safety, and cooperation with the agency
7. Fees and Payment Terms: Details the fee structure, payment terms, and any additional charges
8. Compliance with Laws: Addresses compliance with Malaysian employment laws, social security requirements, and other relevant regulations
9. Worker Status and Management: Clarifies the employment relationship and management structure for temporary workers
10. Confidentiality: Sets out obligations regarding confidential information and compliance with data protection laws
11. Liability and Indemnification: Allocates risks and responsibilities between parties
12. Insurance: Specifies required insurance coverage for both parties
13. Term and Termination: Details the agreement duration and termination provisions
14. Dispute Resolution: Outlines the process for resolving disputes under Malaysian law
15. General Provisions: Includes standard boilerplate clauses such as notices, amendments, and governing law
1. Foreign Worker Provisions: Include when the agreement covers placement of foreign workers, addressing immigration requirements and special compliance needs
2. Specialized Industry Requirements: Add for specific industries with additional regulatory requirements (e.g., healthcare, finance)
3. Performance Metrics: Include when specific KPIs or service levels are required for the agency's performance
4. Training Requirements: Add when the agency is responsible for providing specific training to temporary workers
5. Transition Services: Include when temporary workers may be converted to permanent employees
6. Intellectual Property: Add when temporary workers may create or access intellectual property
7. Non-Competition: Include when restrictions on agency's services to competitors are required
8. Force Majeure: Add detailed force majeure provisions for industries sensitive to disruption
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
2. Schedule 2 - Service Specifications: Detailed description of staffing services, including recruitment process and timeframes
3. Schedule 3 - Required Worker Qualifications: Specific qualifications, skills, and experience required for different worker categories
4. Schedule 4 - Compliance Checklist: List of regulatory requirements and compliance procedures
5. Schedule 5 - Standard Operating Procedures: Detailed procedures for worker placement, management, and issue resolution
6. Appendix A - Required Forms: Standard forms for worker assignments, evaluations, and regulatory compliance
7. Appendix B - Insurance Requirements: Detailed insurance requirements and coverage specifications
8. Appendix C - Health and Safety Guidelines: Workplace safety requirements and procedures
Authors
Manufacturing
Technology
Healthcare
Construction
Financial Services
Retail
Hospitality
Logistics
Oil and Gas
Professional Services
Education
Telecommunications
Agriculture
Food and Beverage
Engineering
Human Resources
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Senior Management
Project Management
Administration
Human Resources Director
Legal Counsel
Procurement Manager
Operations Manager
HR Business Partner
Talent Acquisition Manager
Compliance Officer
Risk Manager
Finance Director
Project Manager
Department Head
General Manager
Managing Director
Chief Human Resources Officer
Chief Operating Officer
Workforce Planning Manager
Contract Administrator
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