Placement Contract Agreement Template for Malaysia

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Key Requirements PROMPT example:

Placement Contract Agreement

"I need a Placement Contract Agreement for my tech recruitment agency in Malaysia, focusing on senior IT roles with a replacement guarantee period of 3 months and including international placement provisions for candidates from Southeast Asian countries."

Document background
The Placement Contract Agreement serves as the primary legal framework for establishing and managing the relationship between placement agencies and their client companies in Malaysia. This document is essential when companies engage professional recruitment services for their hiring needs, whether for permanent, temporary, or contract positions. The agreement ensures compliance with Malaysian employment legislation, including the Employment Act 1955 and Private Employment Agencies Act 1981, while clearly defining the scope of services, fee structures, and mutual obligations. It provides necessary protections for all parties involved and includes specific provisions for candidate screening, placement processes, guarantees, and dispute resolution mechanisms. The document is particularly important in the current Malaysian business environment where companies increasingly rely on professional placement services for their recruitment needs.
Suggested Sections

1. Parties: Identification of the contracting parties - typically the placement agency and the client company

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 placement services to be provided

5. Service Terms and Conditions: General terms governing the provision of placement services

6. Fees and Payment Terms: Structure of fees, payment schedules, and related financial terms

7. Obligations of the Agency: Responsibilities and duties of the placement agency

8. Obligations of the Client: Responsibilities and duties of the client company

9. Compliance with Laws: Commitment to comply with relevant Malaysian employment and labor laws

10. Confidentiality: Terms regarding confidential information handling

11. Data Protection: Compliance with Personal Data Protection Act and data handling procedures

12. Term and Termination: Duration of agreement and termination provisions

13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction

Optional Sections

1. Replacement Guarantee: Terms for replacing candidates who leave within a specified period - used when offering placement guarantees

2. International Placement Terms: Additional terms for international placements - included when dealing with foreign workers

3. Training and Onboarding: Specific terms regarding training services - included when agency provides training

4. Background Verification: Terms regarding background checks and verification services - used when offering these services

5. Non-Solicitation: Restrictions on hiring agency staff or placed candidates - used in high-value placements

6. Insurance Requirements: Specific insurance obligations - included for high-risk placements or when required by client

7. Dispute Resolution: Detailed dispute resolution procedures - included for high-value or complex arrangements

8. Force Majeure: Terms dealing with unforeseen circumstances - important in long-term arrangements

Suggested Schedules

1. Schedule A - Service Level Agreement: Detailed metrics and standards for placement services

2. Schedule B - Fee Structure: Detailed breakdown of fees, commissions, and payment terms

3. Schedule C - Placement Process: Step-by-step description of the recruitment and placement process

4. Schedule D - Required Documentation: List of required documents for candidates and placement process

5. Schedule E - Compliance Checklist: Checklist of regulatory requirements and compliance measures

6. Appendix 1 - Standard Forms: Templates for standard forms used in the placement process

7. Appendix 2 - Code of Conduct: Guidelines for ethical recruitment and placement practices

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 Industries

Professional Services

Manufacturing

Technology

Financial Services

Healthcare

Education

Retail

Construction

Hospitality

Oil and Gas

Telecommunications

Logistics and Supply Chain

Banking

Insurance

Consulting

Relevant Teams

Human Resources

Legal

Procurement

Talent Acquisition

Operations

Compliance

Finance

Administration

Risk Management

Corporate Services

Relevant Roles

Human Resources Manager

Recruitment Manager

Legal Counsel

Procurement Manager

Talent Acquisition Specialist

HR Director

Contracts Manager

Business Development Manager

Operations Manager

Compliance Officer

Chief Human Resources Officer

General Counsel

HR Business Partner

Recruitment Consultant

Legal 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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