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Placement Services Agreement for India

Placement Services Agreement Template for India

This agreement governs the relationship between a recruitment agency and a client company in India, outlining the terms and conditions for providing professional recruitment and placement services. The document complies with Indian contract law and employment regulations, including the Contract Act 1872 and relevant employment legislation. It details the scope of recruitment services, fee structures, replacement guarantees, confidentiality obligations, and data protection requirements while ensuring compliance with state-specific employment regulations and professional service tax requirements.

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Placement Services Agreement

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What is a Placement Services Agreement?

The Placement Services Agreement is a crucial document used when a company in India seeks to engage a professional recruitment agency for their hiring needs. This agreement establishes the legal and operational framework for the recruitment relationship, ensuring compliance with Indian employment laws and regulations. It is particularly important in today's competitive job market where companies need specialized expertise in talent acquisition. The agreement covers essential aspects such as service scope, fee structures, candidate replacement guarantees, confidentiality, and data protection, while adhering to requirements under the Indian Contract Act, Employment Exchanges Act, and relevant state-specific legislation. It's designed to protect both parties' interests while facilitating efficient recruitment processes.

What sections should be included in a Placement Services Agreement?

1. Parties: Identification of the service provider (placement agency) and the client company, including their registered addresses and company details

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of engaging placement services

3. Definitions: Definitions of key terms used throughout the agreement, including 'Candidates', 'Placement Services', 'Successful Placement', etc.

4. Scope of Services: Detailed description of recruitment and placement services to be provided, including type of positions, geographical coverage, and industry focus

5. Service Provider's Obligations: Key responsibilities of the placement agency, including candidate sourcing, screening, and presentation processes

6. Client's Obligations: Client's responsibilities, including providing job descriptions, timely feedback, and necessary information

7. Fee Structure: Detailed breakdown of placement fees, payment terms, and conditions for fee applicability

8. Payment Terms: Timeline for payments, invoicing process, and handling of disputed invoices

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

10. Confidentiality: Protection of confidential information exchanged during the recruitment process

11. Data Protection: Compliance with data protection laws and handling of candidate personal information

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

13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

14. General Provisions: Standard contractual provisions including notices, amendments, and entire agreement clause

What sections are optional to include in a Placement Services Agreement?

1. Exclusivity: Terms of exclusive recruitment partnership, used when client agrees to work exclusively with the agency for specified roles

2. Volume Discounts: Special fee arrangements for bulk placements, included when dealing with large-scale recruitment

3. International Placements: Additional terms for cross-border recruitment, used when service scope includes international placements

4. Background Verification: Terms for conducting background checks, included when agency provides verification services

5. Training and Onboarding: Additional services related to candidate training, used when agency provides post-placement support

6. Service Level Agreement: Specific performance metrics and timelines, included for high-volume or strategic partnerships

7. Non-Solicitation: Restrictions on hiring each other's employees, used in markets with high talent competition

What schedules should be included in a Placement Services Agreement?

1. Schedule A - Fee Structure: Detailed breakdown of fees for different position levels, industries, or service types

2. Schedule B - Service Specifications: Detailed description of recruitment process, methodologies, and deliverables

3. Schedule C - Required Personnel Information: Template for job descriptions and candidate information requirements

4. Schedule D - Compliance Requirements: List of regulatory requirements and compliance procedures

5. Appendix 1 - Standard Forms: Templates for job requisitions, candidate presentations, and feedback forms

6. Appendix 2 - Service Level Metrics: Detailed performance metrics and reporting formats

7. Appendix 3 - Key Contacts: List of key personnel from both parties with their roles and contact information

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 | Serial Founder & Legal AI Author

Jurisdiction

India

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions







































Clauses



































Relevant Industries

Information Technology

Manufacturing

Financial Services

Healthcare

Retail

Telecommunications

Professional Services

Education

E-commerce

Real Estate

Hospitality

Pharmaceutical

Automotive

Consumer Goods

Energy and Utilities

Relevant Teams

Human Resources

Legal

Procurement

Finance

Operations

Compliance

Talent Acquisition

Contract Administration

Relevant Roles

Human Resources Director

Talent Acquisition Manager

Legal Counsel

Procurement Manager

Chief Human Resources Officer

Recruitment Manager

HR Business Partner

Contracts Manager

Finance Director

Operations Manager

Compliance Officer

HR Operations 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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