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The Recruitment Agency Contract With Employer is essential for organizations seeking to formalize their relationship with professional recruitment service providers in Germany. This document is typically used when a company needs to engage external recruitment expertise for hiring employees, whether for single placements or ongoing recruitment needs. The agreement ensures compliance with German recruitment regulations, particularly the Arbeitnehmerüberlassungsgesetz (AÜG), and addresses crucial aspects such as GDPR requirements, fee structures, and service levels. It's designed to protect both parties' interests while establishing clear parameters for successful recruitment partnerships, including specific provisions for candidate replacements, payment terms, and performance metrics.

1. Parties: Identification of the recruitment agency and the employer company, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' business activities and intention to enter into a recruitment relationship

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

4. Scope of Services: Detailed description of recruitment services to be provided, including search, screening, and presentation of candidates

5. Agency Obligations: Responsibilities of the recruitment agency, including compliance with AÃœG and other relevant laws

6. Employer Obligations: Responsibilities of the employer, including provision of accurate job descriptions and timely feedback

7. Fee Structure: Details of recruitment fees, payment terms, and conditions for fee becoming payable

8. Data Protection: GDPR compliance measures and data handling procedures for candidate information

9. Confidentiality: Non-disclosure obligations for both parties regarding sensitive business and candidate information

10. Warranty and Liability: Scope of agency's warranties regarding services and limitation of liability

11. Term and Termination: Duration of the agreement and conditions for termination

12. Replacement Guarantee: Terms of candidate replacement if placed candidate leaves within specified period

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