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Recruitment Process Outsourcing Agreement

Recruitment Process Outsourcing Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Recruitment Process Outsourcing Agreement

"I need a Recruitment Process Outsourcing Agreement for our Hong Kong-based financial services firm, with emphasis on data privacy compliance and candidate screening requirements for regulated roles, planned to commence from March 2025."

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Document background
This Recruitment Process Outsourcing Agreement is designed for organizations operating in Hong Kong that seek to outsource their recruitment functions to specialized providers. It is particularly relevant for companies experiencing high-volume hiring needs, requiring specialized recruitment expertise, or aiming to streamline their talent acquisition processes. The agreement comprehensively covers all aspects of the RPO relationship, from service delivery and performance measurement to compliance with Hong Kong's employment laws, data privacy regulations, and anti-discrimination ordinances. It includes detailed provisions for technology integration, candidate management, reporting requirements, and service level agreements, while addressing specific considerations for operating in Hong Kong's dynamic business environment. This document is essential for establishing clear accountability, performance standards, and risk management frameworks in recruitment outsourcing partnerships.
Suggested Sections

1. Parties: Identification of the RPO provider and the client company, including registered addresses and company numbers

2. Background: Context of the agreement, including the client's recruitment needs and the RPO provider's expertise

3. Definitions: Definitions of key terms used throughout the agreement, including specific recruitment terminology

4. Scope of Services: Detailed description of recruitment services to be provided, including end-to-end recruitment process steps

5. Service Provider's Obligations: RPO provider's responsibilities, including quality standards, compliance requirements, and service delivery commitments

6. Client's Obligations: Client's responsibilities, including provision of information, access to systems, and cooperation requirements

7. Data Protection and Confidentiality: Obligations regarding handling of personal data and confidential information in compliance with Hong Kong PDPO

8. Service Levels: Performance metrics, KPIs, and measurement criteria for the RPO services

9. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

10. Term and Termination: Duration of the agreement, renewal terms, and termination provisions

11. Compliance with Laws: Obligations to comply with relevant Hong Kong employment and recruitment laws

12. Intellectual Property Rights: Ownership and usage rights of recruitment materials, databases, and other IP

13. Liability and Indemnification: Limitation of liability and indemnification obligations of both parties

14. Force Majeure: Provisions for handling unforeseen circumstances affecting service delivery

15. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Transition Services: Procedures for transitioning recruitment services from existing providers or internal teams - include when taking over from another provider

2. International Recruitment: Additional provisions for cross-border recruitment services - include when international hiring is required

3. Technology and Systems Integration: Terms regarding integration of RPO provider's technology with client's systems - include when technical integration is needed

4. Volume Commitments: Minimum recruitment volume guarantees and related terms - include when client commits to specific hiring volumes

5. Diversity and Inclusion Requirements: Specific obligations regarding diverse hiring practices - include when client has specific D&I targets

6. Business Continuity: Disaster recovery and business continuity requirements - include for critical recruitment programs

7. Security Requirements: Additional security measures for handling sensitive information - include for clients in regulated industries

8. Subcontracting: Terms governing use of subcontractors - include when subcontracting is anticipated

Suggested Schedules

1. Schedule 1 - Service Description: Detailed breakdown of recruitment services, processes, and methodologies

2. Schedule 2 - Service Levels and KPIs: Comprehensive list of performance metrics, targets, and measurement methods

3. Schedule 3 - Fee Schedule: Detailed pricing structure, including placement fees, volume discounts, and additional services

4. Schedule 4 - Data Processing Agreement: Specific terms for personal data handling in compliance with PDPO

5. Schedule 5 - Implementation Plan: Timeline and milestones for service implementation

6. Schedule 6 - Approved Subcontractors: List of pre-approved recruitment partners and subcontractors

7. Schedule 7 - Reports and Documentation: Templates and specifications for required reporting

8. Appendix A - Key Personnel: List of key team members from both parties and their roles

9. Appendix B - Technology Specifications: Technical requirements and specifications for systems integration

10. Appendix C - Compliance Checklist: Checklist of regulatory requirements and compliance measures

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Affiliated Companies
Agreement
Applicable Laws
Assessment Tools
Business Day
Candidate
Candidate Data
Commencement Date
Confidential Information
Contract Year
Core Services
Data Protection Laws
Deliverables
Effective Date
Employment Ordinance
Fees
Force Majeure Event
Good Industry Practice
Hiring Manager
Implementation Period
Initial Term
Intellectual Property Rights
Key Performance Indicators
Key Personnel
Notice
Optional Services
PDPO
Personal Data
Placement
Project Manager
Qualified Candidate
Recruitment Platform
Recruitment Process
Renewal Term
Reports
RPO Provider
RPO Services
Service Credits
Service Levels
Service Provider Personnel
Service Recipients
Shortlisted Candidate
Source Systems
Successful Placement
Term
Territory
Transition Period
Vacancy
Work Product
Clauses
Service Provision
Performance Standards
Service Levels
Fees and Payment
Data Protection
Confidentiality
Intellectual Property
Employment Compliance
Anti-Discrimination
Technology and Systems
Implementation
Reporting
Staff and Personnel
Quality Assurance
Warranties
Indemnification
Limitation of Liability
Insurance
Term and Termination
Force Majeure
Change Control
Dispute Resolution
Audit Rights
Business Continuity
Compliance with Laws
Non-Solicitation
Subcontracting
Assignment
Notices
Governing Law
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Counterparts
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Retail

Healthcare

Telecommunications

Real Estate

Insurance

Education

Logistics

Hospitality

Construction

E-commerce

Relevant Teams

Human Resources

Legal

Procurement

Finance

Compliance

Risk Management

Operations

Talent Acquisition

Information Technology

Data Protection

Relevant Roles

Chief Human Resources Officer

HR Director

Talent Acquisition Manager

Procurement Manager

Legal Counsel

Compliance Officer

HR Operations Manager

Recruitment Manager

Finance Director

Chief Operating Officer

HR Business Partner

Vendor Management Specialist

Data Protection Officer

Risk Management Officer

Industries
Employment Ordinance (Cap. 57): Primary legislation governing employment relationships in Hong Kong, including contract requirements, wages, rest days, and termination provisions that RPO providers must understand and comply with
Employment Agency Regulations (Cap. 57A): Regulates employment agencies' operations, licensing requirements, and permitted fees - crucial for RPO providers as they function similarly to employment agencies
Personal Data (Privacy) Ordinance (Cap. 486): Governs the collection, handling, processing, and storage of personal data, which is essential for managing candidate information in recruitment processes
Sex Discrimination Ordinance (Cap. 480): Prohibits discrimination based on sex, marital status, and pregnancy in recruitment and employment processes
Disability Discrimination Ordinance (Cap. 487): Ensures equal opportunities for persons with disabilities in recruitment and employment
Race Discrimination Ordinance (Cap. 602): Prevents discrimination based on race, color, descent, or national or ethnic origin in recruitment practices
Family Status Discrimination Ordinance (Cap. 527): Protects against discrimination based on family status in employment and related matters
Business Registration Ordinance (Cap. 310): Stipulates requirements for business registration and operation in Hong Kong
Contracts Ordinance (Cap. 26): Provides the legal framework for contract formation, execution, and enforcement in Hong Kong
Minimum Wage Ordinance (Cap. 608): Sets the statutory minimum wage requirements that must be considered in recruitment and placement activities
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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