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Placement Agreement for the United States

Placement Agreement Template for United States

A Placement Agreement is a legally binding contract used in the United States between a recruitment agency and a client company, establishing the terms and conditions for providing recruitment and placement services. The agreement outlines the scope of services, fee structures, payment terms, and responsibilities of both parties while ensuring compliance with federal and state employment laws. It typically includes provisions for candidate guarantees, confidentiality, and dispute resolution mechanisms.

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What is a Placement Agreement?

The Placement Agreement serves as the foundational document governing the relationship between recruitment agencies and their client companies in the United States. This contract type is essential when organizations seek to outsource their recruitment needs to specialized agencies. The agreement defines the parameters of the service, including candidate sourcing, screening, and placement processes, while addressing crucial aspects such as placement fees, replacement guarantees, and compliance with employment regulations. It protects both parties' interests by clearly outlining responsibilities, payment terms, and dispute resolution procedures.

What sections should be included in a Placement Agreement?

1. Parties: Identification of the placement agency and client company

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including relevant employment and placement terminology

4. Services: Detailed description of placement services to be provided, including recruitment process and deliverables

5. Fees and Payment Terms: Compensation structure, payment conditions, and fee calculation methods

6. Term and Termination: Duration of agreement and circumstances under which it can be terminated

7. Confidentiality: Protection of confidential information exchanged during the placement process

8. Representations and Warranties: Standard representations regarding authority to contract and compliance with laws

9. Limitation of Liability: Limitations on liability and indemnification provisions

10. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

What sections are optional to include in a Placement Agreement?

1. Non-Solicitation: Provisions preventing either party from soliciting or hiring the other's employees

2. Placement Guarantees: Terms regarding replacement candidates or refunds if placed candidates leave within specified period

3. International Placement: Additional terms for cross-border placements including visa requirements and compliance

4. Data Protection: Specific provisions regarding handling of candidate and employee personal data

5. Insurance Requirements: Specific insurance coverage requirements for the placement agency

What schedules should be included in a Placement Agreement?

1. Fee Schedule: Detailed breakdown of placement fees, commission structures, and payment terms

2. Service Level Agreement: Specific metrics and standards for placement services including response times

3. Candidate Requirements Template: Standard format for specifying position requirements and candidate qualifications

4. Compliance Checklist: List of required documentation and compliance procedures for placements

5. Standard Forms: Templates for candidate submissions, evaluations, and placement confirmations

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

United States

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Clauses































Industries

Federal Employment Laws: Core federal regulations including Fair Labor Standards Act (FLSA), Equal Employment Opportunity laws (EEO), Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, and Immigration Reform and Control Act (IRCA)

State-Specific Employment Laws: State-level regulations including state labor codes, state-specific minimum wage requirements, state discrimination laws, and state worker classification laws

Recruitment and Staffing Regulations: Specific requirements for placement services including Employment Agency licensing requirements (varies by state), Professional employer organization (PEO) regulations, and Temporary staffing regulations

Contract Law: General contract law principles including state contract laws, Uniform Commercial Code (UCC) principles, and Statute of Frauds requirements

Data Privacy and Security: Requirements related to information protection including data protection requirements, confidentiality regulations, and state-specific privacy laws

Industry-Specific Regulations: Sector-specific requirements such as HIPAA for healthcare, financial services regulations, and industry-specific licensing requirements

Compensation and Benefits: Rules governing payment and benefits including IRS regulations, employee vs. independent contractor classification, and benefits regulations

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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