Agreement .............
Abhimanyu Soni
(Querist) 27 March 2008
This query is : Resolved
Hi All,
Kindly send me a basic draft of agreement between Placement agencies and a company.
We are a company working at different locations in India and for that we need to tie up with some local placement agencies.
Kindly send it on abhimanyu.sony@gmail.com
Thanks and regards
Abhimanyu Soni
Prakash Yedhula
(Expert) 27 March 2008
This agreement is executed as of (Date), by (Company)., with its place of business at (Address) and (Agency) with its place of business at (Address)
A. (Agency) has represented that it is an expert in locating and referring individuals with computer, technical and management skills who are interested in employment and other engagements.
B. (Company) requires assistance, from time to time, in obtaining qualified applicants.
C. (Company) and (Agency) believe it is in the best interest of both parties to enter in a referral agreement pursuant to the terms and conditions set forth below:
Now therefore, the parties agree as follows:
1. Referrals. (Agency) shall provide (Company) with the resumes of Applicants pursuant to the following procedure:
a. (Company) may send a request to (Agency) including the title of the position to be filled, the qualifications and skills necessary for that position. Nothing in this agreement shall preclude (Company) from directly or indirectly through other referral companies soliciting resumes or interviewing
b. (Agency) shall send (Company) current resumes of Applicants to fill the positions specified by (Company) or its Clients within a reasonable time not exceeding one week. The candidates must be Merit Track online techchek qualified as specified by (Company) Clients. Any exemptions by the clients will be communicated in advance for technically qualifying candidates.
c. (Company), in its sole and absolute discretion, shall decide to interview any or all of the Applicants whose resumes have been forwarded by (Agency) before submission to Clients for perusal and final client interview. (Company) shall notify (Agency) in a timely manner with the results of any interview with the Client or (Company).
d. In the event (Company), in its sole and absolute discretion, elects to enter into a Service Relationship with one of the Applicants whose resume was provided by (Agency), (Company) shall pay (Agency) a referral fee in accordance with paragraph two of this Agreement.
2. Placement Referral Fees.
i. Once the selected candidate joins, (Company) shall pay to (Agency) in favor (Agency) a placement fee equivalent to 8.33% (exclusive of taxes) of the annual gross salary as agreed with the selected candidates. The placement fee will become payable within one week of receipt of invoice from (Agency) on completion of 30 days employment with (Company).
ii. In the event the (Company) having entered into a Service Relationship terminates his or her Service Relationship for non-performance or if the candidate resigns or leaves (Company) for any reason within ninety (90) days of the start of the Service Relationship, (Agency) shall submit replacement resumes of additional qualified Applicants, with similar skills at no charge to (Company) in the event (Company) employs such replacement applicant.
iii. In the event the replacement is not acceptable, (Agency) will provide the next selected candidate without charging any placement referral fee.
iv. The placement fee will be reviewed after three months on stabilizing working relationship and mutually agreed between (Agency) & (Company) for future candidates.
3. Validity of resume – All resumes received from (Agency) shall be valid for a period for three weeks (21days) from the date of receipt of resume or two weeks (15 days) from the first contact with the candidate by phone or email. The selected resumes of candidates submitted to (Company) Clients would be valid for an additional 15 days from the date of interview with the Client to enable complete process with the Client.
4. Term – The Agreement shall be valid for a period of one year from (Date) till (Date). Either party may terminate this Agreement by providing written notice to the other party thirty (30) days before the date of termination. The agreement shall be renewed at the discretion of the management.
5. Non-Solicitation – During the term
