Employment Agency Agreement Template for Germany

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Key Requirements PROMPT example:

Employment Agency Agreement

"I need an Employment Agency Agreement for our tech company based in Munich, focusing on permanent IT staff recruitment across Germany and neighboring EU countries, with specific provisions for remote workers and data protection compliance."

Document background

The Employment Agency Agreement is a crucial document used when a company in Germany seeks to engage a professional recruitment agency for their hiring needs. This agreement, governed by German law, particularly the Social Security Code III (SGB III) and related employment regulations, establishes the formal relationship between the agency and the client company. It details essential elements such as service scope, fee structures, obligations of both parties, and compliance requirements with German employment laws and GDPR. The document is particularly important in the German market where employment relationships are highly regulated and require careful consideration of legal requirements for both permanent and temporary placements. The agreement typically includes specific provisions for candidate screening, placement terms, warranty periods, and payment conditions, while ensuring all activities comply with German labor market regulations and data protection laws.

Suggested Sections

1. Parties: Identification of the employment agency and the client company, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including 'Services', 'Candidates', 'Placement', etc.

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

5. Agency Obligations: Key responsibilities of the employment agency, including compliance with German employment laws and professional standards

6. Client Obligations: Responsibilities of the client company, including providing accurate job descriptions and timely information

7. Fee Structure: Detailed breakdown of fees, payment terms, and conditions for refunds or adjustments

8. Data Protection and Confidentiality: GDPR compliance measures and confidentiality obligations for both parties

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

10. Liability and Indemnification: Scope of liability, limitations, and indemnification provisions in accordance with German law

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Temporary Staffing Services: Additional provisions for temporary staffing services if the agency also provides temporary workers (only needed if operating under AÜG)

2. International Placements: Specific provisions for cross-border recruitment services and compliance with international employment laws

3. Success Guarantee: Terms of replacement guarantee or refund if placed candidates leave within a specified period

4. Non-Solicitation: Restrictions on hiring agency staff or direct hiring of candidates outside the agreement

5. Volume Discounts: Special fee arrangements for bulk hiring or preferred client status

6. Training Services: Additional provisions if the agency provides candidate or employee training services

Suggested Schedules

1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, including placement fees, additional services, and payment terms

2. Schedule 2: Service Level Agreement: Specific metrics and standards for service delivery, response times, and quality measures

3. Schedule 3: Data Processing Agreement: Detailed GDPR-compliant data processing terms and security measures

4. Schedule 4: Required Documentation: List of required documents and verifications for candidates

5. Appendix A: Standard Terms and Conditions: General terms and conditions in compliance with German law

6. Appendix B: Reporting Templates: Standard formats for candidate presentations, progress reports, and invoicing

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Professional Services

Information Technology

Manufacturing

Healthcare

Financial Services

Retail

Construction

Education

Hospitality

Logistics

Engineering

Pharmaceuticals

Telecommunications

Energy

Automotive

Relevant Teams

Human Resources

Legal

Procurement

Finance

Compliance

Operations

Talent Acquisition

Corporate Development

Risk Management

Relevant Roles

Human Resources Director

Talent Acquisition Manager

Procurement Manager

Legal Counsel

HR Business Partner

Recruiting Manager

Chief Human Resources Officer

Operations Director

Finance Director

Compliance Officer

Contract Manager

Hiring Manager

HR Operations Manager

Find the exact document you need

Agreement Between Company And Employee

German law-compliant employment agreement establishing terms and conditions between employer and employee, incorporating essential protections under German labor legislation.

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Let's create your Employment Agency Agreement

Authors

Alex Denne

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