The Direct Placement Agreement is essential for organizations seeking to engage professional recruitment services in Ireland. It is typically used when a company wishes to partner with a recruitment agency for permanent placement services, establishing clear terms for the search, selection, and placement of candidates. The agreement ensures compliance with Irish employment law, including the Employment Agency Act 1971, data protection regulations, and equality legislation. It covers crucial aspects such as fee structures, placement guarantees, confidentiality obligations, and the specific services to be provided. This document is particularly important in the Irish market where direct placement services are commonly used across various industries to secure permanent talent.
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1. Parties: Identification of the parties: the placement agency, the client company, and any other relevant parties
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the placement services to be provided
5. Client Obligations: Responsibilities and obligations of the client company
6. Agency Obligations: Responsibilities and obligations of the placement agency
7. Fees and Payment Terms: Fee structure, payment schedule, and related financial terms
8. Warranties and Representations: Warranties provided by each party regarding their capacity and authority
9. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection
10. Confidentiality: Provisions regarding confidential information handling
11. Term and Termination: Duration of the agreement and termination provisions
12. Liability and Indemnification: Limitations of liability and indemnification obligations
13. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. Immigration Compliance: Required when placements may involve non-EEA nationals requiring work permits
2. Service Levels: Include when specific performance metrics are required for the placement service
3. Insurance Requirements: Detailed insurance obligations when specific coverage types and amounts need to be specified
4. Non-Solicitation: Include when parties wish to prevent direct hiring of each other's employees
5. Dispute Resolution: Include when parties want to specify particular dispute resolution mechanisms
6. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances
7. Change Control: Include when formal processes for changing service terms are required
1. Schedule 1 - Service Description: Detailed description of placement services and processes
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
5. Schedule 5 - Required Forms and Documentation: Templates for placement documentation and standard forms
6. Appendix A - Contact Details: Key contact information for all parties
7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance measures
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