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Candidate Placement Agreement
"I need a Candidate Placement Agreement for my technology recruitment agency based in Cape Town, focusing on senior IT roles with retained search services and including volume discounts for clients who make more than 5 placements per year."
1. Parties: Identification of the recruitment agency and the client company, including registration details and addresses
2. Background: Context of the agreement, explaining the agency's services and client's recruitment needs
3. Definitions: Key terms used throughout the agreement, including 'Candidate', 'Placement', 'Placement Fee', etc.
4. Scope of Services: Detailed description of recruitment services provided by the agency
5. Agency Obligations: Agency's responsibilities including candidate screening, compliance with employment laws, and service delivery standards
6. Client Obligations: Client's responsibilities including providing accurate job specifications, timely communication, and cooperation
7. Placement Process: Step-by-step process from job specification to candidate placement
8. Fees and Payment Terms: Structure of placement fees, payment schedules, and related commercial terms
9. Replacement Guarantee: Terms for candidate replacement if placement is unsuccessful within specified period
10. Confidentiality: Protection of confidential information exchanged during the recruitment process
11. Data Protection: Compliance with POPIA and handling of personal information
12. Non-Solicitation: Restrictions on hiring agency staff or direct hiring of presented candidates
13. Liability and Indemnity: Limitations of liability and indemnification provisions
14. Term and Termination: Duration of agreement and circumstances for termination
15. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. International Recruitment: Additional terms for cross-border recruitment and compliance with immigration laws
2. Volume Discounts: Special fee structures for bulk placements or preferred client status
3. Retained Search Terms: Specific terms for retained search assignments versus contingency recruitment
4. Temporary Staffing: Terms for temporary or contract staffing arrangements
5. Employment Equity Compliance: Specific provisions for ensuring compliance with Employment Equity Act requirements
6. Training and Onboarding: Additional services related to candidate training and onboarding support
1. Schedule 1: Fee Structure: Detailed breakdown of placement fees, including calculation methods and special rates
2. Schedule 2: Service Level Agreement: Specific metrics and standards for service delivery
3. Schedule 3: Placement Process Workflow: Detailed steps and timelines for the recruitment process
4. Appendix A: Required Candidate Information: Standard format for candidate information and documentation
5. Appendix B: Job Specification Template: Standard format for client job specifications
6. Appendix C: Data Processing Agreement: Detailed terms for POPIA compliance and data handling procedures
Authors
Technology
Financial Services
Manufacturing
Healthcare
Mining
Retail
Professional Services
Construction
Education
Telecommunications
Energy
Agriculture
Hospitality
Logistics
Media and Entertainment
Human Resources
Legal
Procurement
Operations
Senior Management
Finance
Compliance
Talent Acquisition
Administration
Human Resources Director
Talent Acquisition Manager
Recruitment Manager
HR Business Partner
Chief Human Resources Officer
Legal Counsel
Procurement Manager
Operations Director
Managing Director
Chief Executive Officer
Finance Director
Department Heads
Hiring Managers
HR Coordinators
Compliance Officers
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