Hi Friends,
I m working as a recruiter in a small consultancy. My manager has asked to prepare an agreement to sign a contract with our clients.
Pls help me out of what all has to be there in that agreement. what is the normal market standard of commission at different levels generally.. If any one can provide me some sample agreement, would be of great helpful
Thanks & Regards,
Kavitha Arunachalam
From India, Bangalore
I m working as a recruiter in a small consultancy. My manager has asked to prepare an agreement to sign a contract with our clients.
Pls help me out of what all has to be there in that agreement. what is the normal market standard of commission at different levels generally.. If any one can provide me some sample agreement, would be of great helpful
Thanks & Regards,
Kavitha Arunachalam
From India, Bangalore
Dear Kavitha,
Greetings!
The Placement fee, unless decided otherwise, would be:
* 8.33 % of the selected candidate's gross annual income* for junior management positions (up to the level of Assistant Manager including Insurance Officers)
* 12.5 % of the selected candidate's gross annual income* for middle management positions (From the level of Manager up to the level of Senior Manager)
* 16 % of the selected candidate's gross annual income* for senior management positions (For the level of Chief Manager and above)
Regarding agreement, i dont know what u expect
Rgds,
John N
From India, Madras
57Greetings!
The Placement fee, unless decided otherwise, would be:
* 8.33 % of the selected candidate's gross annual income* for junior management positions (up to the level of Assistant Manager including Insurance Officers)
* 12.5 % of the selected candidate's gross annual income* for middle management positions (From the level of Manager up to the level of Senior Manager)
* 16 % of the selected candidate's gross annual income* for senior management positions (For the level of Chief Manager and above)
Regarding agreement, i dont know what u expect
Rgds,
John N
From India, Madras
Hi,
pls ref the below service agreement format for you
Agreement for Permanent Staffing Services
This Agreement for Permanent staffing services is made between My Company having its registered and corporate office at, Mumbai 400 064 . India and My Consultant, (hereinafter referred as “MY CONSULTANT”) having its registered and corporate office at Ascot Centre, Sahar Road, Next to Le Royal Meridien, Andheri East, Mumbai 400000, India.
This Agreement represents the entire agreement and supersedes all previous agreements and understandings between the parties relating to the subject matter hereof, and may be changed only in writing, signed by both parties. This Agreement shall take effect from 1st October, 2007
NOW IT IS HEREBY AGREED AS FOLLOWS:
Requirement Initiation and Referral of Candidates:
(i) In the event that MY CONSULTANT wishes to use The Agency for the provision of Permanent staffing services from time to time, the manpower requirements should be communicated to The Agency with the necessary details such as – job profile of the candidate(s), job description, time frame within which the evaluation of the candidates will be completed, location, and remuneration & benefits that the candidates can expect. The Agency will refer suitable candidates to MY CONSULTANT for consideration once a request for personnel with specific skills is received from MY CONSULTANT. Upon The Agency recommending such candidates to MY CONSULTANT, MY CONSULTANT may interview such candidates in accordance with standard MY CONSULTANT practice and appoint them to temporary or permanent jobs in MY CONSULTANT if found suitable for the same. MY CONSULTANT shall not be liable for any claim made by a candidate who is short listed by The Agency as being a suitable candidate but is not recruited by MY CONSULTANT for any reason whatsoever and The Agency shall indemnify MY CONSULTANT from any loss, damages or costs (including, without limitation, legal costs and disbursements on a full indemnity basis) suffered on account of any such claims.
(ii) The Agency shall ensure it obtains, maintains and complies with the terms and conditions of all registrations, licenses, permissions and approvals required by the applicable employment laws (including, without limitation, those under the Contract Labour (Regulation and Abolition) Act, 1970 and the Employees Provident Funds & Miscellaneous Provisions Act, 1952). The Agency shall indemnify MY CONSULTANT and keep MY CONSULTANT indemnified against all claims, demands, actions, costs, expenses (including, without limitation, legal costs and disbursements on a full indemnity basis), loss and damages arising from or incurred in connection with this clause 1(ii).
(iii) In addition to the checks conducted by The Agency as part of the Permanent staffing services under this Agreement, MY CONSULTANT may conduct a background, reference, educational, criminal record, credit and other checks, as well as finger printing and drug screens for all candidates who are referred to MY CONSULTANT by The Agency where such testing is permissible by law at their own cost. The Agency shall indemnify, defend and hold harmless MY CONSULTANT and its managing directors, officers, partners, employees and agents against all liability and claims arising from such checking or testing from the candidates and the use and reporting of any results, but only to the extent that MY CONSULTANT uses such background checking and testing information for determining the eligibility of such candidates.
Professional Fees: Professional fees for successfully placed candidates shall be as follows:
Team Members, Team Leaders, Cashiers etc Rs. 1000/- per person
Absorption Fees Rs. 1000/- per
Band I (CTC 1 Lac to 5 Lacs) 8.33 % of CTC
Band II (CTC 5 Lacs to 8 Lacs) 10 % of CTC
Band III (CTC more than 8 Lacs) 12.5% of CTC
Basis of Calculation of Professional Fees: The professional fees shall be applicable on a Cost-To-Company (CTC) basis. For the avoidance of doubt, the “Cost-To-Company” means the annual cost to the company (as referred to in the salary annexure of a successful candidate’s employment contract) which shall be the successful candidate’s fixed annual salary only and shall exclude any performance bonuses, overtime or benefits which are not guaranteed (as evidenced in the successful candidate’s employment contract) from such calculation.
Payment of Professional Fees: The applicable professional fee (set out in clause 2 above) shall only apply once MY CONSULTANT employs an individual (as evidenced by a signed employment contract between such individual and MY CONSULTANT) as a direct result of the Permanent staffing services. If the professional fee applies under the foregoing, The Agency shall raise and present an invoice for the applicable professional fees within 7 days of the date of the selected and successful candidate entering into an employment contract with MY CONSULTANT.
Payment Timeframe: MY CONSULTANT shall settle an invoice submitted pursuant to clause 4 above within 30 days of receiving the invoice unless any amount is disputed in good faith.
Validity of Resume: The resume of a candidate remains valid with MY CONSULTANT for a period of 3 months of The Agency sending details of a candidate. In the event that MY CONSULTANT employs a candidate referred by The Agency in this period (as evidenced by a signed employment contract between such candidate and MY CONSULTANT), The Agency shall be entitled to full payment of the applicable professional fee.
Travel Reimbursement to Candidate: It may be required for out-station candidates to appear for an interview. For the avoidance of doubt, an “out-station candidate” means a candidate that lives outside the municipal city limits (as determined by the municipal corporation (or its equivalent/successor), an Indian government regulatory body) of the city where an interview is to take place. Subject to clause 8 below, MY CONSULTANT shall reimburse the actual cost of a 2nd AC train return fare by the shortest route from such outstation candidates’ current place of employment within India. For senior candidates, MY CONSULTANT shall consider (without any obligation) paying a return airfare. However, subject to clause 8 below, any payment/reimbursement of a return airfare shall only apply when the explicit written permission of MY CONSULTANT is obtained by The Agency.
Reimbursable Expenses: The Agency shall pay for all agreed expenses in connection with travel of the candidates, which shall be reimbursed by MY CONSULTANT within 30 days of the invoice being raised provided that MY CONSULTANT have agreed to such expenses in writing in advance.
Advertised Recruitment and Selection: All expenses reasonably and properly incurred by The Agency in connection with advertisement, artwork, and printing colour positives shall be reimbursed by MY CONSULTANT provided that MY CONSULTANT have agreed to such expenses in writing in advance.
Re Permanent of Candidates:
In the event of any termination of the employment contract on grounds of misconduct/disciplinary grounds or negative reference check conducted by an external agency between a successful candidate and MY CONSULTANT (“Outgoing Candidate”) within 90 days of being employed by MY CONSULTANT (as evidenced by a signed employment contract between such candidate and MY CONSULTANT), The Agency shall recommend another candidate for the same position (to replace the Outgoing Candidate) free of cost/charge within 30 days from the date of MY CONSULTANT notifying The Agency of the Outgoing Candidate (the “RePermanent Period”). For the avoidance of doubt, this clause 10 shall not apply if the Outgoing Candidate’s employment contract is terminated by MY CONSULTANT due to the position of the Outgoing Candidate at MY CONSULTANT being eliminated.
In the event that MY CONSULTANT does not employ such rePermanent candidate recommended by The Agency pursuant to Clause 10(i) above, The Agency shall refund the entire amount of the professional fee (already paid by MY CONSULTANT for the Outgoing Candidate) to MY CONSULTANT within 30 days from the expiry of the RePermanent Period. If unable to replace within 30 days MY CONSULTANT will adjust the owed amount against the fee of the candidate who has left.
Confidential Information:
(i) The Agency will not use or disclose to others without MY CONSULTANT ’s written consent, confidential and proprietary information of MY CONSULTANT or of third parties which MY CONSULTANT is under an obligation to keep confidential (“Confidential Information”), except when strictly necessary to perform the services under this Agreement, including, without limitation:
Internal organization
Employee names
Marketing and customer support strategies
Financial information including salaries, benefits, perks, sales, costs, profits
Kind of products being developed and technologies involved
(ii) The Agency acknowledges that any Confidential Information is the sole, exclusive and extremely valuable property of MY CONSULTANT or, as such information is received from third parties, of those third parties. Accordingly, The Agency agrees to segregate all Confidential Information from information of other companies and agrees not to reproduce any of the Confidential Information without MY CONSULTANT’s prior written consent, not to use any Confidential Information except in the performance of this Agreement, and not to disclose or divulge all or any part of any Confidential Information in any form to any third party, either during or after the term of this Agreement.
(iii) The Agency shall, at all relevant times, comply with its obligations under any applicable data protection and/or privacy legislation in relation to personal data that is processed by it in the course of performing its obligations under this Agreement.
(iv) This Clause 11 will continue to apply after termination of this Agreement but will cease to apply to information which may come into the public domain otherwise than through unauthorised disclosure by The Agency.
Non-Solicitation of Employees: During the term of this Agreement and for a period one year afterwards, The Agency will not directly or indirectly through third parties, solicit or approach any of MY CONSULTANT employees for Permanent in any other company/entity, within India.
Term and Termination of Agreement: This Agreement shall remain in full force and effect until terminated by either party for convenience or with cause by providing the other party with 30 days’ prior written notice to the other.
Arbitration Clause: Both parties agree that they will abide the terms and conditions set out in this Agreement and if there is any breach or violation of the terms and conditions of this Agreement, it will be settled by Arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The seat of Arbitration shall be at a mutually agreed location.
Relationship of Parties: Nothing in this Agreement shall constitute either party as agents, servants or sub-contractors of the other party. Neither party shall have any right or power whatsoever to contract on behalf of the other in relation to third parties, save as specifically authorised in writing. Furthermore, nothing in this Agreement shall constitute a partnership or a joint venture between the parties.
Governing Law: This Agreement shall be governed and construed in accordance with the laws of India.
A duly countersigned copy of this document shall constitute a valid agreement between MY CONSULTANT and The Agency.
Signed for and on behalf of M/s My Consultant.
By .................................................. .......
Name: .................................................. .....
Title: .................................................. .....
Date : Signed for and on behalf of M/s My Company
By................................................ ..............
Name.............................................. ...........
Title............................................. ...............
Date :
From India, Mumbai
pls ref the below service agreement format for you
Agreement for Permanent Staffing Services
This Agreement for Permanent staffing services is made between My Company having its registered and corporate office at, Mumbai 400 064 . India and My Consultant, (hereinafter referred as “MY CONSULTANT”) having its registered and corporate office at Ascot Centre, Sahar Road, Next to Le Royal Meridien, Andheri East, Mumbai 400000, India.
This Agreement represents the entire agreement and supersedes all previous agreements and understandings between the parties relating to the subject matter hereof, and may be changed only in writing, signed by both parties. This Agreement shall take effect from 1st October, 2007
NOW IT IS HEREBY AGREED AS FOLLOWS:
Requirement Initiation and Referral of Candidates:
(i) In the event that MY CONSULTANT wishes to use The Agency for the provision of Permanent staffing services from time to time, the manpower requirements should be communicated to The Agency with the necessary details such as – job profile of the candidate(s), job description, time frame within which the evaluation of the candidates will be completed, location, and remuneration & benefits that the candidates can expect. The Agency will refer suitable candidates to MY CONSULTANT for consideration once a request for personnel with specific skills is received from MY CONSULTANT. Upon The Agency recommending such candidates to MY CONSULTANT, MY CONSULTANT may interview such candidates in accordance with standard MY CONSULTANT practice and appoint them to temporary or permanent jobs in MY CONSULTANT if found suitable for the same. MY CONSULTANT shall not be liable for any claim made by a candidate who is short listed by The Agency as being a suitable candidate but is not recruited by MY CONSULTANT for any reason whatsoever and The Agency shall indemnify MY CONSULTANT from any loss, damages or costs (including, without limitation, legal costs and disbursements on a full indemnity basis) suffered on account of any such claims.
(ii) The Agency shall ensure it obtains, maintains and complies with the terms and conditions of all registrations, licenses, permissions and approvals required by the applicable employment laws (including, without limitation, those under the Contract Labour (Regulation and Abolition) Act, 1970 and the Employees Provident Funds & Miscellaneous Provisions Act, 1952). The Agency shall indemnify MY CONSULTANT and keep MY CONSULTANT indemnified against all claims, demands, actions, costs, expenses (including, without limitation, legal costs and disbursements on a full indemnity basis), loss and damages arising from or incurred in connection with this clause 1(ii).
(iii) In addition to the checks conducted by The Agency as part of the Permanent staffing services under this Agreement, MY CONSULTANT may conduct a background, reference, educational, criminal record, credit and other checks, as well as finger printing and drug screens for all candidates who are referred to MY CONSULTANT by The Agency where such testing is permissible by law at their own cost. The Agency shall indemnify, defend and hold harmless MY CONSULTANT and its managing directors, officers, partners, employees and agents against all liability and claims arising from such checking or testing from the candidates and the use and reporting of any results, but only to the extent that MY CONSULTANT uses such background checking and testing information for determining the eligibility of such candidates.
Professional Fees: Professional fees for successfully placed candidates shall be as follows:
Team Members, Team Leaders, Cashiers etc Rs. 1000/- per person
Absorption Fees Rs. 1000/- per
Band I (CTC 1 Lac to 5 Lacs) 8.33 % of CTC
Band II (CTC 5 Lacs to 8 Lacs) 10 % of CTC
Band III (CTC more than 8 Lacs) 12.5% of CTC
Basis of Calculation of Professional Fees: The professional fees shall be applicable on a Cost-To-Company (CTC) basis. For the avoidance of doubt, the “Cost-To-Company” means the annual cost to the company (as referred to in the salary annexure of a successful candidate’s employment contract) which shall be the successful candidate’s fixed annual salary only and shall exclude any performance bonuses, overtime or benefits which are not guaranteed (as evidenced in the successful candidate’s employment contract) from such calculation.
Payment of Professional Fees: The applicable professional fee (set out in clause 2 above) shall only apply once MY CONSULTANT employs an individual (as evidenced by a signed employment contract between such individual and MY CONSULTANT) as a direct result of the Permanent staffing services. If the professional fee applies under the foregoing, The Agency shall raise and present an invoice for the applicable professional fees within 7 days of the date of the selected and successful candidate entering into an employment contract with MY CONSULTANT.
Payment Timeframe: MY CONSULTANT shall settle an invoice submitted pursuant to clause 4 above within 30 days of receiving the invoice unless any amount is disputed in good faith.
Validity of Resume: The resume of a candidate remains valid with MY CONSULTANT for a period of 3 months of The Agency sending details of a candidate. In the event that MY CONSULTANT employs a candidate referred by The Agency in this period (as evidenced by a signed employment contract between such candidate and MY CONSULTANT), The Agency shall be entitled to full payment of the applicable professional fee.
Travel Reimbursement to Candidate: It may be required for out-station candidates to appear for an interview. For the avoidance of doubt, an “out-station candidate” means a candidate that lives outside the municipal city limits (as determined by the municipal corporation (or its equivalent/successor), an Indian government regulatory body) of the city where an interview is to take place. Subject to clause 8 below, MY CONSULTANT shall reimburse the actual cost of a 2nd AC train return fare by the shortest route from such outstation candidates’ current place of employment within India. For senior candidates, MY CONSULTANT shall consider (without any obligation) paying a return airfare. However, subject to clause 8 below, any payment/reimbursement of a return airfare shall only apply when the explicit written permission of MY CONSULTANT is obtained by The Agency.
Reimbursable Expenses: The Agency shall pay for all agreed expenses in connection with travel of the candidates, which shall be reimbursed by MY CONSULTANT within 30 days of the invoice being raised provided that MY CONSULTANT have agreed to such expenses in writing in advance.
Advertised Recruitment and Selection: All expenses reasonably and properly incurred by The Agency in connection with advertisement, artwork, and printing colour positives shall be reimbursed by MY CONSULTANT provided that MY CONSULTANT have agreed to such expenses in writing in advance.
Re Permanent of Candidates:
In the event of any termination of the employment contract on grounds of misconduct/disciplinary grounds or negative reference check conducted by an external agency between a successful candidate and MY CONSULTANT (“Outgoing Candidate”) within 90 days of being employed by MY CONSULTANT (as evidenced by a signed employment contract between such candidate and MY CONSULTANT), The Agency shall recommend another candidate for the same position (to replace the Outgoing Candidate) free of cost/charge within 30 days from the date of MY CONSULTANT notifying The Agency of the Outgoing Candidate (the “RePermanent Period”). For the avoidance of doubt, this clause 10 shall not apply if the Outgoing Candidate’s employment contract is terminated by MY CONSULTANT due to the position of the Outgoing Candidate at MY CONSULTANT being eliminated.
In the event that MY CONSULTANT does not employ such rePermanent candidate recommended by The Agency pursuant to Clause 10(i) above, The Agency shall refund the entire amount of the professional fee (already paid by MY CONSULTANT for the Outgoing Candidate) to MY CONSULTANT within 30 days from the expiry of the RePermanent Period. If unable to replace within 30 days MY CONSULTANT will adjust the owed amount against the fee of the candidate who has left.
Confidential Information:
(i) The Agency will not use or disclose to others without MY CONSULTANT ’s written consent, confidential and proprietary information of MY CONSULTANT or of third parties which MY CONSULTANT is under an obligation to keep confidential (“Confidential Information”), except when strictly necessary to perform the services under this Agreement, including, without limitation:
Internal organization
Employee names
Marketing and customer support strategies
Financial information including salaries, benefits, perks, sales, costs, profits
Kind of products being developed and technologies involved
(ii) The Agency acknowledges that any Confidential Information is the sole, exclusive and extremely valuable property of MY CONSULTANT or, as such information is received from third parties, of those third parties. Accordingly, The Agency agrees to segregate all Confidential Information from information of other companies and agrees not to reproduce any of the Confidential Information without MY CONSULTANT’s prior written consent, not to use any Confidential Information except in the performance of this Agreement, and not to disclose or divulge all or any part of any Confidential Information in any form to any third party, either during or after the term of this Agreement.
(iii) The Agency shall, at all relevant times, comply with its obligations under any applicable data protection and/or privacy legislation in relation to personal data that is processed by it in the course of performing its obligations under this Agreement.
(iv) This Clause 11 will continue to apply after termination of this Agreement but will cease to apply to information which may come into the public domain otherwise than through unauthorised disclosure by The Agency.
Non-Solicitation of Employees: During the term of this Agreement and for a period one year afterwards, The Agency will not directly or indirectly through third parties, solicit or approach any of MY CONSULTANT employees for Permanent in any other company/entity, within India.
Term and Termination of Agreement: This Agreement shall remain in full force and effect until terminated by either party for convenience or with cause by providing the other party with 30 days’ prior written notice to the other.
Arbitration Clause: Both parties agree that they will abide the terms and conditions set out in this Agreement and if there is any breach or violation of the terms and conditions of this Agreement, it will be settled by Arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The seat of Arbitration shall be at a mutually agreed location.
Relationship of Parties: Nothing in this Agreement shall constitute either party as agents, servants or sub-contractors of the other party. Neither party shall have any right or power whatsoever to contract on behalf of the other in relation to third parties, save as specifically authorised in writing. Furthermore, nothing in this Agreement shall constitute a partnership or a joint venture between the parties.
Governing Law: This Agreement shall be governed and construed in accordance with the laws of India.
A duly countersigned copy of this document shall constitute a valid agreement between MY CONSULTANT and The Agency.
Signed for and on behalf of M/s My Consultant.
By .................................................. .......
Name: .................................................. .....
Title: .................................................. .....
Date : Signed for and on behalf of M/s My Company
By................................................ ..............
Name.............................................. ...........
Title............................................. ...............
Date :
From India, Mumbai
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