Staffing Service Agreement Template for India

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Key Requirements PROMPT example:

Staffing Service Agreement

"I need a Staffing Service Agreement for my IT company based in Bangalore, which will be hiring 200+ contract workers through a staffing agency starting March 2025, including provisions for remote work and international client projects."

Document background
The Staffing Service Agreement is a critical document used in India when a company needs to engage contract workers through a professional staffing agency. This arrangement has become increasingly common across various industries as businesses seek workforce flexibility and specialized expertise. The agreement, governed by Indian labor laws and regulations, establishes the framework for engaging contract workers while ensuring compliance with statutory requirements such as the Contract Labour Act, Employees' Provident Fund Act, and other relevant legislation. It outlines the responsibilities of both the staffing agency and the client company, including worker welfare, statutory benefits, performance management, and payment terms. This document is particularly important given India's complex labor law landscape and the need to clearly delineate obligations between parties.
Suggested Sections

1. Parties: Identification of the staffing agency and the client company with their complete legal details

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of staffing services to be provided, including recruitment, deployment, and management of personnel

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

6. Payment Terms: Service fees, payment schedule, invoicing process, and related financial terms

7. Obligations of Staffing Agency: Responsibilities including compliance with labor laws, background verification, and personnel management

8. Obligations of Client: Client's responsibilities regarding deployed personnel, workplace safety, and coordination

9. Compliance with Laws: Commitment to comply with relevant labor laws, social security regulations, and other applicable legislation

10. Confidentiality: Protection of confidential information exchanged during the service relationship

11. Indemnification: Mutual indemnification provisions for various risks and liabilities

12. Insurance: Required insurance coverage for both parties

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

14. General Provisions: Standard clauses including notices, amendment process, and severability

Optional Sections

1. Non-Solicitation: Prevents parties from directly hiring each other's employees, used when there's risk of talent poaching

2. Intellectual Property Rights: Addresses IP ownership and rights, needed when deployed personnel may create IP

3. Performance Metrics: Defines KPIs and service levels, used for complex or large-scale staffing arrangements

4. Transition Services: Procedures for handover at contract end, important for long-term or critical staffing arrangements

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

6. Data Protection: Specific provisions for handling personal data, required if dealing with sensitive information

7. International Compliance: Additional compliance requirements for international clients or cross-border services

Suggested Schedules

1. Schedule A - Service Charges: Detailed breakdown of service charges, markups, and payment calculations

2. Schedule B - Scope of Work: Detailed description of services, roles, and responsibilities

3. Schedule C - Compliance Checklist: List of statutory compliances and required documentation

4. Schedule D - Personnel Categories: Categories of staff to be provided with qualification requirements

5. Schedule E - Service Level Agreement: Detailed performance metrics and service standards

6. Appendix 1 - Standard Operating Procedures: Day-to-day operational procedures and protocols

7. Appendix 2 - Required Documentation: List of mandatory documents for personnel deployment

8. Appendix 3 - Rate Card: Detailed pricing for different categories of personnel and services

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

Healthcare

Banking and Financial Services

Retail

Telecommunications

Construction

Hospitality

E-commerce

Business Process Outsourcing

Logistics and Supply Chain

Pharmaceutical

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Talent Acquisition

Contract Administration

Project Management

Risk Management

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Manager

Hiring Manager

Compliance Officer

HR Business Partner

Contract Administrator

Talent Acquisition Manager

Finance Manager

Project Manager

General Counsel

Chief Human Resources Officer

Chief Financial Officer

Chief Operating Officer

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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