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Employment Agency Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Employment Agency Agreement

"I need an Employment Agency Agreement for my Hong Kong tech startup to engage a recruitment agency for senior executive placements, with emphasis on confidentiality and inclusion of both local and international recruitment services, planned to commence from March 2025."

Document background
The Employment Agency Agreement is essential for businesses operating in Hong Kong that engage recruitment agencies for their hiring needs. This document establishes the legal framework for the relationship between employment agencies and their clients, ensuring compliance with Hong Kong's Employment Ordinance, Employment Agency Regulations, and Personal Data (Privacy) Ordinance. It defines the scope of recruitment services, payment terms, and mutual obligations while incorporating necessary protections for all parties involved. The agreement is particularly important given Hong Kong's strict regulations on employment agency operations and data privacy requirements. It should be used whenever a company wishes to formally engage an employment agency for recruitment services, whether for permanent, temporary, or contract placements.
Suggested Sections

1. Parties: Identification of the employment agency and the client company

2. Background: Context of the agreement and brief description of the parties' business activities

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Agency Obligations: Key responsibilities and duties of the employment agency

6. Client Obligations: Key responsibilities and duties of the client company

7. Fees and Payment Terms: Structure of fees, payment schedule, and payment methods

8. Data Protection and Confidentiality: Provisions for handling personal data and confidential information

9. Compliance with Laws: Commitment to comply with relevant Hong Kong employment and agency regulations

10. Warranties and Representations: Assurances provided by both parties regarding their capacity and authority

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

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

13. Dispute Resolution: Process for handling disputes between parties

14. General Provisions: Standard boilerplate clauses including notices, entire agreement, and governing law

Optional Sections

1. Service Level Agreement: Specific metrics and standards for agency performance, used when clients require detailed performance measures

2. International Recruitment: Additional provisions for overseas recruitment services, included when foreign worker placement is required

3. Replacement Guarantee: Terms for replacing candidates who leave within a specified period, included when offering replacement guarantees

4. Volume Discounts: Structure for reduced fees based on placement volume, included for larger clients with multiple positions

5. Exclusivity Arrangements: Terms for exclusive recruitment rights for certain positions or departments, used in exclusive agency arrangements

6. Database Access: Terms for client access to agency's candidate database, included when offering this service

7. Training and Support: Provisions for additional training or support services, included when offering extended services

Suggested Schedules

1. Schedule 1: Fee Structure: Detailed breakdown of all fees and charges

2. Schedule 2: Service Specifications: Detailed description of recruitment services and processes

3. Schedule 3: Required Documentation: List of documents required from candidates and clients

4. Schedule 4: Data Processing Requirements: Specific procedures for handling personal data in compliance with PDPO

5. Schedule 5: Key Personnel: List of key contacts and responsible personnel from both parties

6. Appendix A: Standard Forms: Templates for job orders, candidate submissions, and other standard forms

7. Appendix B: Compliance Checklist: Checklist of regulatory requirements and compliance measures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Financial Services

Technology

Manufacturing

Retail

Healthcare

Education

Professional Services

Construction

Hospitality

Logistics

Real Estate

Media and Entertainment

Telecommunications

Consumer Goods

Energy

Relevant Teams

Human Resources

Legal

Procurement

Compliance

Finance

Operations

Executive Leadership

Administration

Risk Management

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

HR Manager

Talent Acquisition Manager

Chief Human Resources Officer

Operations Director

Finance Director

Compliance Officer

General Counsel

Chief Financial Officer

Managing Director

Chief Executive Officer

HR Business Partner

Recruitment Manager

Industries










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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