Freelance Recruitment Consultant Agreement Template for Nigeria

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Key Requirements PROMPT example:

Freelance Recruitment Consultant Agreement

"I need a Freelance Recruitment Consultant Agreement under Nigerian law for engaging a specialist IT recruiter who will work exclusively in the technology sector, with strict data protection clauses and a performance-based commission structure starting March 2025."

Document background
The Freelance Recruitment Consultant Agreement is designed for use in the Nigerian business environment where companies seek to engage independent recruitment professionals without creating an employer-employee relationship. This document is essential when a company wants to outsource recruitment services while maintaining professional standards and legal compliance. It encompasses key provisions required under Nigerian law, including compliance with the Labour Act, NDPR, and relevant tax regulations. The agreement is particularly valuable for companies looking to access specialized recruitment expertise without the overhead of permanent staff, while clearly defining responsibilities, payment terms, and performance expectations. It includes specific provisions for data protection, confidentiality, and non-compete clauses, which are crucial in the Nigerian recruitment sector.
Suggested Sections

1. Parties: Identification of the company engaging the consultant and the consultant's details, including registration details if operating as a business entity

2. Background: Context of the agreement, brief description of the company's needs and consultant's services

3. Definitions: Key terms used throughout the agreement including 'Services', 'Candidates', 'Clients', 'Placement', 'Commission', etc.

4. Appointment and Term: Confirmation of engagement as independent contractor, term of agreement, renewal provisions

5. Services: Detailed description of recruitment services to be provided, including methodology and service standards

6. Consultant's Obligations: Key responsibilities, compliance requirements, reporting obligations, and professional standards

7. Company's Obligations: Support, information, and resources to be provided by the company

8. Fees and Payment Terms: Commission structure, payment calculations, invoicing process, and payment timeline

9. Confidentiality: Protection of company, candidate, and client confidential information

10. Data Protection: Compliance with NDPR and data handling requirements

11. Intellectual Property: Ownership and usage rights of materials, database, and recruitment tools

12. Non-Compete and Non-Solicitation: Restrictions on competing activities and approaching clients/candidates

13. Termination: Grounds for termination, notice periods, and consequences of termination

14. Post-Termination Obligations: Ongoing obligations after agreement ends, including confidentiality and data return

15. General Provisions: Standard clauses including notices, entire agreement, variation, governing law, etc.

Optional Sections

1. Performance Metrics: Specific KPIs and performance standards - include when the company wants to measure consultant's performance quantitatively

2. Territory and Exclusivity: Geographic or industry sector restrictions - include when consultant is given exclusive rights to certain areas/sectors

3. Insurance: Professional indemnity and other insurance requirements - include for high-value recruitment or specialized sectors

4. Training and Support: Company-specific training requirements - include when consultant needs specific knowledge of company systems/processes

5. Dispute Resolution: Specific dispute resolution procedures - include for high-value agreements or when preferred over court proceedings

6. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID or in unstable markets

7. Anti-Bribery and Corruption: Specific anti-corruption provisions - include when dealing with public sector recruitment or multinational clients

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of recruitment services, methodologies, and deliverables

2. Schedule 2 - Fee Structure: Detailed commission rates, calculation methods, and examples

3. Schedule 3 - Approved Clients/Sectors: List of clients or industry sectors assigned to the consultant

4. Schedule 4 - Service Level Agreement: Specific performance standards, response times, and quality metrics

5. Schedule 5 - Data Protection Protocols: Detailed procedures for handling personal data in compliance with NDPR

6. Appendix A - Required Reports: Templates and formats for regular reporting requirements

7. Appendix B - Company Policies: Relevant company policies the consultant must comply with

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

Human Resources Services

Professional Services

Management Consulting

Executive Search

Technology

Financial Services

Healthcare

Manufacturing

Education

Oil and Gas

Telecommunications

Real Estate

Construction

Retail

Hospitality

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Executive Leadership

Administration

Talent Acquisition

Relevant Roles

HR Director

Talent Acquisition Manager

Recruitment Manager

HR Business Partner

Legal Counsel

Procurement Manager

Operations Director

HR Operations Manager

Compliance Officer

Finance Manager

Contract Manager

Chief Human Resources Officer

Managing Director

Chief Executive Officer

Industries
Labour Act, Chapter 198, Laws of the Federation of Nigeria 1990: Provides the basic framework for employment relationships and distinguishes between employees and independent contractors. Important for establishing the freelance nature of the agreement.
Nigeria Data Protection Regulation (NDPR) 2019: Regulates the collection, storage, and processing of personal data. Critical for recruitment consultants who handle candidate and client information.
Nigerian Constitution (1999): Contains fundamental rights provisions including anti-discrimination clauses that affect recruitment practices.
Companies and Allied Matters Act (CAMA) 2020: Relevant for business registration requirements and obligations for independent contractors operating as business entities.
Personal Income Tax Act (PITA): Governs taxation of personal income for self-employed individuals and consultants.
Federal Competition and Consumer Protection Act 2018: Relevant for fair business practices and competition in recruitment services.
Contract Law (Common Law principles as applicable in Nigeria): Governs the formation and enforcement of contracts, including essential elements like offer, acceptance, consideration, and terms.
Industrial Training Fund Act: May be relevant if the recruitment consultant provides any training services as part of their role.
Employee Compensation Act 2010: While primarily for employees, understanding its non-application to genuine independent contractors is important for proper contract structuring.
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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