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Candidate Placement Agreement

Candidate Placement Agreement Template for Malaysia

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Key Requirements PROMPT example:

Candidate Placement Agreement

"I need a Candidate Placement Agreement under Malaysian law for my technology recruitment agency that will be placing software developers with multinational companies, with special focus on data protection and cross-border recruitment provisions, starting from January 2025."

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Document background
The Candidate Placement Agreement serves as a crucial legal framework for professional recruitment services in Malaysia, establishing clear terms between recruitment agencies and their client companies. This document is essential when companies seek to engage professional recruitment services for hiring employees, whether for permanent, contract, or specialized positions. It encompasses key elements required under Malaysian law, including compliance with the Private Employment Agencies Act 1981, Personal Data Protection Act 2010, and relevant employment legislation. The agreement typically details service scope, fee structures, warranties, candidate replacement terms, and confidentiality obligations, while incorporating specific requirements for both local and international recruitment where applicable.
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, including the agency's business nature and client's recruitment needs

3. Definitions: Key terms used throughout the agreement, including 'Candidate', 'Placement', 'Placement Fee', 'Introduction', etc.

4. Scope of Services: Detailed description of recruitment services provided by the agency

5. Agency Obligations: Agency's responsibilities including candidate screening, documentation verification, and communication protocols

6. Client Obligations: Client's responsibilities including information provision, feedback, and confidentiality

7. Fee Structure: Placement fees, payment terms, and conditions for fee applicability

8. Placement Process: Step-by-step process from candidate introduction to successful placement

9. Warranties and Representations: Guarantees provided by both parties regarding their capacity and authority

10. Confidentiality: Protection of confidential information exchanged during the recruitment process

11. Data Protection: Compliance with PDPA 2010 and handling of candidate personal data

12. Term and Termination: Duration of agreement and circumstances for termination

13. Replacement Guarantee: Terms of candidate replacement if placement is unsuccessful

14. General Provisions: Standard clauses including notices, amendments, governing law, etc.

Optional Sections

1. International Recruitment: Additional terms for cross-border recruitment, including immigration compliance requirements

2. Volume Discounts: Special fee arrangements for bulk hiring or retained search arrangements

3. Non-Solicitation: Restrictions on hiring agency staff or direct hiring of introduced candidates

4. Dispute Resolution: Specific procedures for handling disputes, including mediation or arbitration

5. Force Majeure: Provisions for unforeseen circumstances affecting recruitment services

6. Multiple Location Services: Terms for providing services across multiple client locations or subsidiaries

7. Specialized Industry Requirements: Additional terms for regulated industries or specialized positions

Suggested Schedules

1. Schedule 1: Fee Schedule: Detailed breakdown of fees, including placement fees, refund structures, and additional service charges

2. Schedule 2: Service Level Agreement: Specific timeframes and performance metrics for recruitment services

3. Schedule 3: Required Candidate Documentation: List of mandatory documents and verifications required for candidates

4. Schedule 4: Placement Process Workflow: Detailed steps and timelines for the recruitment process

5. Appendix A: Standard Forms: Templates for candidate introductions, placement confirmations, and feedback forms

6. Appendix B: Compliance Checklist: Regulatory requirements and compliance documentation for placements

7. Appendix C: Key Personnel: Contact details of key personnel from both parties responsible for agreement implementation

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
Clauses
Service Provision
Payment Terms
Confidentiality
Data Protection
Intellectual Property
Non-Solicitation
Warranties
Indemnification
Force Majeure
Termination
Dispute Resolution
Governing Law
Assignment
Entire Agreement
Severability
Notices
Amendment
Waiver
Third Party Rights
Compliance with Laws
Anti-Corruption
Service Level Requirements
Replacement Guarantee
Performance Standards
Agency Obligations
Client Obligations
Fee Structure
Exclusivity
Immigration Compliance
Insurance
Liability Limitation
Record Keeping
Audit Rights
Boilerplate
Relevant Industries

Technology

Financial Services

Manufacturing

Healthcare

Professional Services

Education

Retail

Construction

Energy

Telecommunications

Hospitality

Logistics

Consumer Goods

Media and Entertainment

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Senior Management

Talent Acquisition

Relevant Roles

Chief Human Resources Officer

HR Director

Talent Acquisition Manager

Recruitment Manager

HR Business Partner

Legal Counsel

Procurement Manager

Operations Director

Finance Director

Managing Director

Country Manager

Compliance Officer

HR Operations Manager

Hiring Manager

Industries
Private Employment Agencies Act 1981: Regulates the licensing and operation of private employment agencies in Malaysia, including recruitment firms. Sets out obligations and responsibilities of placement agencies.
Employment Act 1955: Primary legislation governing employment relationships in Malaysia. Relevant for understanding basic employment terms and conditions that will affect placement arrangements.
Personal Data Protection Act 2010: Regulates the collection, use, and disclosure of personal data. Critical for handling candidate information during the recruitment process.
Contracts Act 1950: Provides the legal framework for formation and enforcement of contracts in Malaysia. Essential for structuring the placement agreement.
Immigration Act 1959/63: Relevant when dealing with placement of foreign workers or expatriates, governing work permit requirements and restrictions.
Industrial Relations Act 1967: Governs relationships between employers and employees, including aspects that might affect placement arrangements.
Employment (Restriction) Act 1968: Controls employment of non-citizens in Malaysia, relevant for international recruitment placements.
Competition Act 2010: May be relevant regarding non-compete clauses and market practices in recruitment services.
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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