Recruitment Service Agreement Template for India

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Key Requirements PROMPT example:

Recruitment Service Agreement

"I need a Recruitment Service Agreement for my IT company based in Bangalore, which will engage multiple recruitment agencies to help us hire 200+ software developers starting January 2025, with provisions for performance-based fees and replacement guarantees."

Document background
The Recruitment Service Agreement is a crucial legal document used in the Indian business environment when a company wishes to engage professional recruitment services for their talent acquisition needs. This agreement is essential for businesses operating in India who want to formalize their relationship with recruitment agencies, ensuring compliance with Indian contract law and labor regulations. The document typically includes detailed provisions about the recruitment process, fee structures, replacement guarantees, and service level expectations. It also addresses important aspects such as data protection, confidentiality, and dispute resolution mechanisms specific to the Indian jurisdiction. The agreement should be structured to comply with the Indian Contract Act, 1872, while incorporating modern recruitment practices and digital age requirements.
Suggested Sections

1. Parties: Identifies the recruitment agency and the client company, including their registered addresses and company details

2. Background: Explains the context of the agreement - client's need for recruitment services and agency's expertise

3. Definitions: Defines key terms used throughout the agreement including 'Candidates', 'Placement', 'Recruitment Services', 'Success Fee', etc.

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

5. Service Provider's Obligations: Specifies the recruitment agency's responsibilities, including quality of service, compliance with laws, and professional standards

6. Client's Obligations: Outlines client's responsibilities including providing necessary information, timely feedback, and cooperation

7. Fees and Payment Terms: Details the fee structure, payment schedule, and conditions for success fees or placement fees

8. Term and Termination: Specifies the duration of the agreement and circumstances for termination

9. Confidentiality: Provisions for handling confidential information of both parties and candidates

10. Data Protection: Compliance with data protection laws and handling of personal information

11. Warranties and Representations: Statements of assurance from both parties regarding their capacity and authority

12. Indemnification: Provisions for mutual indemnification against claims and losses

13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

14. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendment procedures

Optional Sections

1. Replacement Guarantee: Terms for replacing candidates who leave within a specified period - include when client requires post-placement guarantees

2. Non-Solicitation: Prevents parties from hiring each other's employees - include when there's significant interaction between agency and client staff

3. Service Level Agreement: Specific performance metrics and timeframes - include for large-scale or ongoing recruitment arrangements

4. Multiple Location Services: Provisions for recruitment services across different locations - include when client has multiple offices

5. Exclusivity Clause: Terms for exclusive recruitment partnership - include when there's an exclusive arrangement

6. Force Majeure: Provisions for unforeseen circumstances - include when specifically requested or for long-term agreements

7. Insurance Requirements: Specific insurance coverage requirements - include for high-value recruitment services

Suggested Schedules

1. Schedule A - Fee Structure: Detailed breakdown of all fees, including success fees, retainer fees, and any additional charges

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

3. Schedule C - Required Positions: List of positions to be filled, including job descriptions and requirements

4. Schedule D - Service Level Metrics: Specific performance indicators and measurement criteria

5. Appendix 1 - Standard Operating Procedures: Step-by-step recruitment process and communication protocols

6. Appendix 2 - Compliance Checklist: List of regulatory requirements and compliance measures

7. Appendix 3 - Report Formats: Templates for various reports and documentation required during the recruitment process

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Manufacturing

Financial Services

Healthcare

Retail

Telecommunications

Professional Services

Education

Real Estate

Construction

Pharmaceuticals

Automotive

E-commerce

Consulting

Banking

Relevant Teams

Human Resources

Legal

Procurement

Finance

Compliance

Operations

Talent Acquisition

Administration

Risk Management

Vendor Management

Relevant Roles

Human Resources Director

Talent Acquisition Manager

Legal Counsel

Procurement Manager

HR Business Partner

Chief Human Resources Officer

Recruitment Manager

Hiring Manager

Operations Director

General Counsel

Finance Director

Contract Manager

Compliance Officer

HR Operations Manager

Industries
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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