Dear All
In the recruitment Industry the problem of chasing payments from the Clients is a perennial issue. The reward for the effort which is the essence of the Recruitment Industry is taken away and these unpaid Invoices become Bad debts .
This is on account of the absence of protective clauses in the Recruiting Agreement.
The solution for this is to include an Arbitration clause .This will help the Industry to have some hold on the Client in recovering the dues.
The advantage by including this clause is will result in protective step being initiated in the Court when there is default without incurring heavy costs of Court Fee by invoking the Arbitration Courts help by requesting the Court to issue a direction to the Client pending the Arbitration proceedings. This will ultimately protect the recovery process of outstanding Invoices. The Industry should make a beginning if the clause is already not there in their Template.
With Regards
Advocates & Notaries & Legal Consultants for Recruiting & Staffing Industry
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
50In the recruitment Industry the problem of chasing payments from the Clients is a perennial issue. The reward for the effort which is the essence of the Recruitment Industry is taken away and these unpaid Invoices become Bad debts .
This is on account of the absence of protective clauses in the Recruiting Agreement.
The solution for this is to include an Arbitration clause .This will help the Industry to have some hold on the Client in recovering the dues.
The advantage by including this clause is will result in protective step being initiated in the Court when there is default without incurring heavy costs of Court Fee by invoking the Arbitration Courts help by requesting the Court to issue a direction to the Client pending the Arbitration proceedings. This will ultimately protect the recovery process of outstanding Invoices. The Industry should make a beginning if the clause is already not there in their Template.
With Regards
Advocates & Notaries & Legal Consultants for Recruiting & Staffing Industry
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
Dear All
Sub:Typical Arbitration Clause
Arbitration by itself means referring the dispute between the Client and the Recruiting Agency to an Arbitral Panel instead of rushing to the Court.This saves time and money.The typical clause can be like this:
"In the event of any dispute, difference or question arising out of or in respect of this agreement or the commission of any breach of any terms thereof or of compensation payable thereof or claim made by either of the parties against the other in any manner whatsoever in connection with it, the same shall be referred to a Sole Arbitrator to be selected and appointed by mutual agreement for arbitration as provided in the Arbitration and Conciliation Act 1996 and Rules framed therein.. The decision or award so given by the Single Arbitrator shall be final and binding on the parties hereto.Initially the costs of the arbitration shall be borne equally by both parties and the award shall tax the costs of the Arbitration the party against whom the Award is passed."
Suitable modification can be made depending upon the need .The advantage of having a sole arbitrator is to reduce costs.Please see the Arbitration and Conciliation Act 1996 for more details on the process.
With Regards
Advocates & Notaries & Legal Consultants for Recruiting & Staffing Industry
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
Sub:Typical Arbitration Clause
Arbitration by itself means referring the dispute between the Client and the Recruiting Agency to an Arbitral Panel instead of rushing to the Court.This saves time and money.The typical clause can be like this:
"In the event of any dispute, difference or question arising out of or in respect of this agreement or the commission of any breach of any terms thereof or of compensation payable thereof or claim made by either of the parties against the other in any manner whatsoever in connection with it, the same shall be referred to a Sole Arbitrator to be selected and appointed by mutual agreement for arbitration as provided in the Arbitration and Conciliation Act 1996 and Rules framed therein.. The decision or award so given by the Single Arbitrator shall be final and binding on the parties hereto.Initially the costs of the arbitration shall be borne equally by both parties and the award shall tax the costs of the Arbitration the party against whom the Award is passed."
Suitable modification can be made depending upon the need .The advantage of having a sole arbitrator is to reduce costs.Please see the Arbitration and Conciliation Act 1996 for more details on the process.
With Regards
Advocates & Notaries & Legal Consultants for Recruiting & Staffing Industry
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
Dear All
We have found an interesting post on "What you need to know before buying background checks online "at #ixzz18UJZsoIk which may be relevant in this post when hiring agencies for conducting Background checks .Thanks to pamelamedina.
In the Indian context the availability of on line check is still to start. NASCOM has made a beginning for the Software Industry by opening a "National Skills Registry" Pls see https://nationalskillsregistry.com/n...asscom_FAQ.jsp
With Regards
Advocates & Notaries & Legal Consultants for Recruiting & Staffing Industry
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
We have found an interesting post on "What you need to know before buying background checks online "at #ixzz18UJZsoIk which may be relevant in this post when hiring agencies for conducting Background checks .Thanks to pamelamedina.
In the Indian context the availability of on line check is still to start. NASCOM has made a beginning for the Software Industry by opening a "National Skills Registry" Pls see https://nationalskillsregistry.com/n...asscom_FAQ.jsp
With Regards
Advocates & Notaries & Legal Consultants for Recruiting & Staffing Industry
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
Dear
Please post your queries.
rajanlawfirm
Pls see https://www.citehr.com/285737-legal-...#axzz1XhqakPHc
From India, Madras
Please post your queries.
rajanlawfirm
Pls see https://www.citehr.com/285737-legal-...#axzz1XhqakPHc
From India, Madras
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