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Freelance Recruitment Consultant Agreement Template for India

This agreement governs the relationship between a company and an independent recruitment consultant in India, establishing the terms and conditions under which the consultant will provide recruitment services. The document complies with Indian contract law and recruitment industry regulations, clearly defining the independent contractor status, scope of services, compensation structure, and obligations regarding confidentiality and data protection. It includes provisions for candidate sourcing, screening, and placement services while ensuring compliance with Indian employment and contract laws, particularly the Indian Contract Act, 1872.

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What is a Freelance Recruitment Consultant Agreement?

The Freelance Recruitment Consultant Agreement is designed for use in the Indian market where companies seek to engage independent recruitment professionals without creating an employer-employee relationship. This document is essential when organizations need flexible recruitment support while maintaining clear contractual boundaries. It addresses key aspects including service scope, compensation, confidentiality, data protection, and compliance with Indian regulations. The agreement is particularly relevant in today's evolving workforce landscape where companies increasingly rely on freelance expertise for their recruitment needs. It includes comprehensive provisions for modern recruitment practices while ensuring compliance with Indian contract law, data protection requirements, and industry standards.

What sections should be included in a Freelance Recruitment Consultant Agreement?

1. Parties: Identification of the company and the freelance recruitment consultant

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of recruitment services to be provided

5. Independent Contractor Status: Clear statement of freelance status and non-employee relationship

6. Term and Termination: Duration of agreement and termination provisions

7. Fees and Payment Terms: Compensation structure, payment schedule, and expenses policy

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection and Privacy: Obligations regarding handling of candidate and client data

10. Intellectual Property: Ownership and usage rights of recruitment materials and databases

11. Non-Solicitation: Restrictions on soliciting clients or candidates

12. Representations and Warranties: Mutual assurances about capacity and authority

13. Indemnification: Protection against claims and losses

14. General Provisions: Standard boilerplate clauses including notices, governing law, etc.

What sections are optional to include in a Freelance Recruitment Consultant Agreement?

1. Service Levels: Specific performance metrics and standards, used when quantifiable targets are required

2. Training Requirements: Mandatory training or certification requirements, included if specific qualifications are needed

3. Multi-territory Services: Provisions for services across multiple geographical areas, used for international recruitment

4. Insurance Requirements: Specific insurance coverage requirements, included for high-risk or regulated industries

5. Compliance with Client Policies: Adherence to end-client policies, included when working with specific client requirements

6. Sub-contractor Rights: Right to use sub-contractors, included when allowed to delegate work

7. Marketing and Branding: Rules for using company branding, included when consultant represents the company to market

What schedules should be included in a Freelance Recruitment Consultant Agreement?

1. Schedule 1 - Fee Structure: Detailed breakdown of commission rates, placement fees, and payment calculations

2. Schedule 2 - Service Specifications: Detailed description of recruitment processes, methodologies, and requirements

3. Schedule 3 - Approved Clients: List of clients consultant is authorized to work with, if applicable

4. Schedule 4 - Data Protection Procedures: Specific procedures for handling personal data in compliance with regulations

5. Schedule 5 - KPIs and Reporting Requirements: Detailed performance metrics and reporting templates

6. Appendix A - Standard Operating Procedures: Company's recruitment procedures and guidelines

7. Appendix B - Compliance Checklist: Regulatory and internal compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Cost

Free to use

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