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Employment Agency Contract for New Zealand

Employment Agency Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions between an employment agency and its client organizations for recruitment and placement services. This document outlines the responsibilities of both parties, fee structures, service levels, confidentiality obligations, and compliance requirements under New Zealand employment and privacy legislation. It includes provisions for candidate screening, placement guarantees, dispute resolution, and liability limitations while ensuring alignment with the Employment Relations Act 2000 and other relevant New Zealand regulations.

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What is a Employment Agency Contract?

The Employment Agency Contract serves as a foundational document for establishing professional relationships between recruitment agencies and their client businesses in New Zealand. This agreement is essential when an organization wishes to engage a recruitment agency's services for finding, screening, and placing suitable candidates. The contract encompasses critical elements including service scope, fee structures, warranties, and compliance with New Zealand's Employment Relations Act 2000, Privacy Act 2020, and other relevant legislation. It provides clear guidelines for both parties regarding their rights, obligations, and operational procedures, while incorporating specific provisions for candidate placement, guarantee periods, and dispute resolution mechanisms. This document is particularly crucial in protecting both parties' interests and ensuring transparent, professional recruitment services delivery within the New Zealand legal framework.

What sections should be included in a Employment Agency Contract?

1. Parties: Identification of the employment agency and the client (whether employer or job seeker)

2. Background: Context of the agreement and brief description of the agency's services

3. Definitions: Key terms used throughout the agreement including 'Services', 'Candidate', 'Client', 'Placement', etc.

4. Services: Detailed description of recruitment and placement services provided by the agency

5. Agency Obligations: Core responsibilities of the agency including screening, verification, and placement services

6. Client Obligations: Requirements and responsibilities of the client, including information provision and cooperation

7. Fees and Payment Terms: Fee structure, payment schedules, and conditions for various services

8. Confidentiality: Obligations regarding confidential information handling and privacy compliance

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Liability and Indemnity: Limitations of liability and indemnification provisions

11. Dispute Resolution: Process for handling disputes between parties

12. General Provisions: Standard contract clauses including governing law, notices, and amendments

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

1. Temporary Staffing Terms: Include when the agency provides temporary staffing services

2. International Recruitment: Add when dealing with overseas recruitment and immigration matters

3. Volume Hiring Provisions: Include for clients requiring bulk recruitment services

4. Specialist Industry Requirements: Add for industry-specific compliance requirements (e.g., healthcare, education)

5. Guarantee Period: Include when offering replacement guarantees for placed candidates

6. Online Platform Terms: Add when the agency operates through a digital platform

7. Training and Support Services: Include when offering additional candidate or client training services

What schedules should be included in a Employment Agency Contract?

1. Schedule 1: Fee Structure: Detailed breakdown of all fees, charges, and payment terms

2. Schedule 2: Service Level Agreement: Specific metrics and standards for service delivery

3. Schedule 3: Privacy Policy: Detailed privacy and data protection procedures

4. Schedule 4: Candidate Requirements: Standard qualification and verification requirements

5. Appendix A: Required Forms: Standard forms for job orders, candidate submissions, and timesheet templates

6. Appendix B: Compliance Checklist: Regulatory compliance requirements and verification procedures

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

New Zealand

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions












































Clauses




































Relevant Industries

Professional Services

Information Technology

Healthcare

Manufacturing

Financial Services

Education

Construction

Retail

Hospitality

Mining and Resources

Transport and Logistics

Agriculture

Government and Public Sector

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Finance

Business Development

Administration

Risk Management

Senior Management

Relevant Roles

Human Resources Director

Recruitment Manager

Talent Acquisition Specialist

HR Business Partner

Legal Counsel

Procurement Manager

Operations Manager

Hiring Manager

HR Administrator

Compliance Officer

Contract Manager

Business Development Manager

Agency Director

Account 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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