Recruitment Agency Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Recruitment Agency Agreement

"I need a Recruitment Agency Agreement for our Hong Kong fintech company that includes provisions for international candidate placements, particularly from Singapore and Australia, with strict data privacy compliance and replacement guarantees for senior executive positions."

Document background

The Recruitment Agency Agreement is essential for organizations in Hong Kong seeking to formalize their relationship with professional recruitment service providers. This document is particularly crucial given Hong Kong's strict regulation of employment agencies under Cap. 57A Employment Agency Regulations and the need to comply with data privacy laws. It should be used when engaging external recruitment services for any hiring needs, whether for permanent, contract, or temporary positions. The agreement covers critical aspects including service scope, fee structures, compliance requirements, confidentiality obligations, and data protection measures. It also addresses specific Hong Kong market considerations such as candidate replacement guarantees, non-solicitation provisions, and dispute resolution mechanisms. The document is designed to protect both parties' interests while ensuring transparency and regulatory compliance in the recruitment process.

Suggested Sections

1. Parties: Identification of the recruitment agency and the client company, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement and brief description of the parties' business activities and intention to enter into a recruitment service arrangement

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

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

5. Agency Obligations: Key responsibilities of the recruitment agency, including compliance with laws, due diligence in candidate screening, and service quality standards

6. Client Obligations: Client's responsibilities, including providing accurate job descriptions, timely feedback, and maintaining confidentiality

7. Fees and Payment Terms: Fee structure, payment schedule, and conditions for fee payment including placement fees and refund policies

8. Confidentiality: Obligations regarding confidential information exchange and protection of sensitive data

9. Data Protection: Compliance with PDPO and handling of candidate and client personal data

10. Non-Solicitation: Restrictions on hiring agency staff and direct hiring of presented candidates

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

12. Liability and Indemnity: Limitation of liability and indemnification obligations of both parties

13. General Provisions: Standard clauses including governing law, notices, entire agreement, and amendment procedures

Optional Sections

1. Replacement Guarantee: Terms for replacing candidates who leave within a specified period - include when agency offers replacement guarantees

2. International Recruitment: Additional terms for overseas recruitment services - include when agency provides international recruitment

3. Volume Discounts: Special fee arrangements for bulk hiring - include for larger clients with multiple positions

4. Exclusivity Terms: Exclusive recruitment rights for specific positions - include when agency has exclusive rights

5. Service Level Agreement: Specific performance metrics and timeframes - include when clients require formal service levels

6. Background Check Services: Terms for additional verification services - include when agency provides background screening

7. Training and Onboarding: Terms for additional candidate preparation services - include when agency provides these services

Suggested Schedules

1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, including placement fees, retained search fees, and additional service charges

2. Schedule 2 - Service Specifications: Detailed description of recruitment process, methodologies, and deliverables

3. Schedule 3 - Approved Client Contacts: List of authorized client representatives who can engage agency services and approve candidates

4. Schedule 4 - Data Processing Requirements: Specific procedures and requirements for handling personal data in compliance with PDPO

5. Appendix A - Standard Forms: Templates for job requisitions, candidate presentations, and feedback forms

6. Appendix B - Compliance Checklist: List of regulatory requirements and compliance procedures

7. Appendix C - Service Level Metrics: Detailed performance indicators and measurement criteria

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

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Education

Hospitality

Construction

Logistics

Real Estate

Media and Entertainment

Telecommunications

Energy

Non-Profit

Relevant Teams

Human Resources

Legal

Compliance

Procurement

Finance

Operations

Risk Management

Talent Acquisition

Relevant Roles

Human Resources Director

Talent Acquisition Manager

Procurement Manager

Legal Counsel

Compliance Officer

HR Business Partner

Recruitment Specialist

Chief Human Resources Officer

Operations Director

Finance Director

General Counsel

Company Secretary

HR Operations Manager

Hiring Manager

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