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Placement Agency Agreement

Placement Agency Agreement Template for Netherlands

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Key Requirements PROMPT example:

Placement Agency Agreement

"I need a Placement Agency Agreement under Dutch law for our tech startup, focusing on international IT recruitment with replacement guarantees and volume-based discounts for hiring more than 10 developers within 6 months."

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Document background
The Placement Agency Agreement is essential for businesses operating in the Netherlands that engage recruitment agencies for their hiring needs. This document establishes the legal framework for the relationship between placement agencies and their clients, ensuring compliance with Dutch employment law, particularly the Act on Allocation of Workers by Intermediaries (WAADI) and data protection regulations (GDPR). It's typically used when a company wants to formalize its relationship with a recruitment agency, defining service levels, fee structures, and mutual obligations. The agreement includes crucial provisions for candidate introductions, placement terms, payment conditions, and confidentiality requirements, while incorporating specific Dutch legal requirements for employment intermediaries.
Suggested Sections

1. Parties: Identification of the placement agency and the client company, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the agency's services and client's recruitment needs

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

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

5. Agency Obligations: Agency's responsibilities including candidate screening, compliance with WAADI, and professional standards

6. Client Obligations: Client's responsibilities including providing accurate job descriptions, timely feedback, and cooperation

7. Fees and Payment Terms: Fee structure, payment timing, and conditions for fee becoming payable

8. Data Protection and GDPR Compliance: Obligations regarding handling of personal data and ensuring GDPR compliance

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

10. Liability and Indemnification: Limitations of liability and indemnification provisions

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

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. International Placements: Additional provisions for cross-border recruitment, including visa requirements and international employment laws

2. Specialized Industry Requirements: Specific provisions for regulated industries or positions requiring special certifications

3. Temporary Staffing Services: Additional terms if the agency also provides temporary staffing solutions

4. Volume Discounts: Special fee arrangements for bulk hiring or preferred client status

5. Replacement Guarantees: Terms for candidate replacement if placement is unsuccessful within specified period

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

7. Service Level Agreement: Specific performance metrics and response times for the agency

Suggested Schedules

1. Schedule 1 - Fee Structure: Detailed breakdown of placement fees, payment structures, and any additional charges

2. Schedule 2 - Services Description: Detailed scope of recruitment services, including any specialized or additional services

3. Schedule 3 - Required Candidate Information: Template for candidate information and documentation requirements

4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

5. Schedule 5 - Service Level Metrics: Specific performance indicators and service level requirements

6. Appendix A - Standard Terms and Conditions: General terms and conditions of the placement agency

7. Appendix B - Compliance Requirements: Specific compliance requirements under Dutch law and industry regulations

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
Definitions
Services
Scope
Agency Obligations
Client Obligations
Exclusivity
Fees
Payment Terms
Invoicing
Introduction Process
Candidate Selection
Placement Process
Replacement Guarantees
Data Protection
GDPR Compliance
Confidentiality
Intellectual Property
Non-Solicitation
Non-Competition
Warranties
Representations
Liability
Indemnification
Insurance
Force Majeure
Term
Termination
Consequences of Termination
Assignment
Subcontracting
Notices
Amendments
Severability
Waiver
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Retail

Education

Construction

Logistics

Energy

Telecommunications

Hospitality

Media and Entertainment

Real Estate

Pharmaceutical

Relevant Teams

Human Resources

Legal

Procurement

Finance

Operations

Compliance

Executive Leadership

Talent Acquisition

Contract Administration

Relevant Roles

HR Director

Recruitment Manager

Talent Acquisition Manager

HR Business Partner

Legal Counsel

Procurement Manager

Finance Director

Operations Director

Chief Human Resources Officer

General Counsel

Contract Manager

Chief Financial Officer

Managing Director

HR Operations Manager

Compliance Officer

Industries
Dutch Civil Code (Burgerlijk Wetboek): The primary source of contract law in the Netherlands, particularly Book 6 (General Part of the Law of Obligations) and Book 7 (Specific Contracts), which govern contract formation, execution, and termination
Act on Allocation of Workers by Intermediaries (WAADI): Regulates the operations of employment intermediaries and temporary employment agencies in the Netherlands, including licensing requirements and basic conditions
General Data Protection Regulation (GDPR): EU regulation governing the processing of personal data, crucial for placement agencies handling candidate information
Dutch Working Conditions Act (Arbeidsomstandighedenwet): Sets requirements for working conditions and occupational health and safety, relevant for placement agencies' responsibilities
Dutch Competition Act (Mededingingswet): Relevant for non-compete clauses and market behavior restrictions in placement agency agreements
Dutch Work and Security Act (Wet Werk en Zekerheid): Contains provisions affecting employment relationships and temporary work arrangements
Services Directive Implementation Act (Dienstenwet): Implements EU Services Directive, relevant for placement agencies providing cross-border services within the EU
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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