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Recruitment Agency Contract With Employer for Philippines

Recruitment Agency Contract With Employer Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions between a licensed recruitment agency and an employer company for the provision of recruitment services. The document outlines the scope of recruitment services, fee structures, obligations of both parties, and compliance requirements with Philippine labor laws, including DOLE regulations and the Labor Code. It includes provisions for candidate screening, placement procedures, warranty periods, and dispute resolution mechanisms, while ensuring adherence to data privacy laws and ethical recruitment practices. The agreement also addresses liability allocation, confidentiality obligations, and specific performance metrics for the recruitment process.

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What is a Recruitment Agency Contract With Employer?

The Recruitment Agency Contract With Employer is a crucial document used when a company in the Philippines seeks to formally engage the services of a licensed recruitment agency for their hiring needs. This agreement is essential for protecting both parties' interests while ensuring compliance with Philippine labor laws, DOLE regulations, and relevant employment legislation. The document becomes necessary when companies require professional recruitment services, whether for regular staffing needs or specific hiring projects. It outlines the entire recruitment process, from job requisition to candidate placement, including fee structures, service levels, and warranty terms. The contract must align with the Labor Code of the Philippines and related regulations, particularly regarding recruitment practices, fee limitations, and worker protections. It's especially important in industries with high hiring volumes or specialized staffing requirements, and should be reviewed by legal counsel familiar with Philippine employment law.

What sections should be included in a Recruitment Agency Contract With Employer?

1. Parties: Details of the recruitment agency and the employer, including complete legal names, registration numbers, addresses, and authorized representatives

2. Background: Context of the agreement, including the agency's licensing status and the employer's recruitment needs

3. Definitions: Key terms used throughout the agreement, including 'Candidates', 'Placement', 'Recruitment Services', 'Fees', etc.

4. Scope of Services: Detailed description of recruitment services to be provided, including sourcing, screening, and placement processes

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Agency Obligations: Specific responsibilities of the recruitment agency, including compliance with labor laws and professional standards

7. Employer Obligations: Responsibilities of the employer, including providing accurate job descriptions and maintaining proper working conditions

8. Fees and Payment Terms: Detailed fee structure, payment schedule, and terms for different types of placements

9. Warranties and Representations: Guarantees from both parties regarding their capacity, authority, and compliance with laws

10. Confidentiality: Provisions for protecting confidential information exchanged during the recruitment process

11. Data Privacy and Protection: Compliance with the Data Privacy Act and handling of candidate information

12. Indemnification and Liability: Allocation of risks and responsibilities between parties

13. Dispute Resolution: Process for resolving disagreements, including mediation and arbitration procedures

14. Governing Law: Specification of Philippine law as governing law and relevant jurisdiction

What sections are optional to include in a Recruitment Agency Contract With Employer?

1. Overseas Recruitment Provisions: Include when the agency will be recruiting for overseas placements, addressing specific requirements under the Migrant Workers Act

2. Replacement Guarantee: Include when offering guarantees for replaced candidates within a specific period

3. Volume Discounts: Include when offering special rates for bulk hiring or regular placements

4. Training Services: Include when the agency provides additional training services for placed candidates

5. Background Check Services: Include when offering extensive background checking services beyond basic verification

6. Performance Metrics: Include when establishing specific KPIs for the recruitment process

7. Insurance Coverage: Include when specific insurance arrangements are required for placed candidates

8. Exclusivity Clause: Include when establishing exclusive recruitment arrangements

What schedules should be included in a Recruitment Agency Contract With Employer?

1. Schedule A - Fee Structure: Detailed breakdown of all fees, including placement fees, additional service charges, and payment terms

2. Schedule B - Required Documentation: List of required documents from both employer and candidates

3. Schedule C - Service Level Agreement: Specific timelines and performance standards for recruitment process

4. Schedule D - Job Positions and Specifications: Details of positions to be filled and their requirements

5. Schedule E - Compliance Checklist: List of regulatory requirements and compliance measures

6. Appendix 1 - Standard Forms: Templates for job orders, candidate submissions, and placement confirmations

7. Appendix 2 - Agency Licenses: Copies of agency's current licenses and certifications

8. Appendix 3 - Data Processing Agreement: Detailed procedures for handling personal data in compliance with privacy laws

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

Philippines

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions


















































Clauses














































Relevant Industries

Information Technology

Manufacturing

Healthcare

Business Process Outsourcing

Construction

Retail

Financial Services

Education

Hospitality

Telecommunications

Shipping and Maritime

Professional Services

Real Estate

Energy and Utilities

Relevant Teams

Human Resources

Legal

Compliance

Operations

Administration

Executive Leadership

Talent Acquisition

Finance

Procurement

Relevant Roles

Human Resources Director

Talent Acquisition Manager

Chief Human Resources Officer

Recruitment Manager

HR Business Partner

Legal Counsel

Compliance Officer

Operations Director

Chief Executive Officer

Chief Operating Officer

HR Operations Manager

Hiring Manager

Business Unit Manager

Administrative Director

General 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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