The Temporary Staffing Agreement is essential for businesses operating in India that require flexible workforce solutions while ensuring compliance with local labor laws. This agreement is typically used when a company needs to engage temporary workers through a professional staffing agency, whether for project-based work, seasonal requirements, or to address temporary skill gaps. The document comprehensively covers all aspects of the staffing relationship, including worker deployment, statutory compliance, payment terms, and service levels. It's specifically designed to comply with Indian legal requirements, particularly the Contract Labour (Regulation and Abolition) Act, 1970, and related labor laws. The agreement protects both parties' interests while ensuring transparent operations and clear accountability in temporary staffing arrangements.
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1. Parties: Identification of the staffing agency and the client company, including full legal names, addresses, and company registration details
2. Background: Context of the agreement, including the staffing agency's business, client's requirements, and purpose of the temporary staffing arrangement
3. Definitions: Key terms used throughout the agreement, including 'Temporary Workers', 'Assignment', 'Services', etc.
4. Scope of Services: Detailed description of staffing services, including recruitment, deployment, and management of temporary workers
5. Terms of Engagement: Duration of the agreement, renewal terms, and process for initiating and terminating assignments
6. Responsibilities of Staffing Agency: Agency obligations including worker screening, compliance with labor laws, payroll management, and statutory benefits
7. Client Obligations: Client responsibilities including safe working conditions, supervision, timesheets approval, and payment terms
8. Fees and Payment Terms: Service charges, payment schedule, billing procedures, and late payment consequences
9. Compliance and Statutory Obligations: Adherence to labor laws, maintenance of registers, filing returns, and regulatory compliance
10. Confidentiality: Protection of confidential information exchanged during the course of the agreement
11. Indemnification: Mutual indemnification clauses covering various risks and liabilities
12. Termination: Grounds for termination, notice periods, and post-termination obligations
13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for dispute resolution
14. Notices: Process and addresses for serving formal notices under the agreement
1. Non-Solicitation: Prevents direct hiring of temporary workers by the client; include when protecting the staffing agency's workforce is crucial
2. Insurance: Specific insurance requirements beyond statutory obligations; include for high-risk industries or client requirements
3. Performance Standards: Metrics for evaluating temporary worker performance; include when specific quality standards are required
4. Training and Development: Responsibilities for worker training; include when specialized skills or certifications are needed
5. Data Protection: Handling of personal data; include when processing sensitive worker information
6. Force Majeure: Protection against unforeseen circumstances; include when business continuity is critical
7. Dispute Resolution: Alternative dispute resolution mechanisms; include when preferring arbitration over litigation
8. Intellectual Property Rights: Protection of IP created during assignments; include when workers may create IP
9. Background Verification: Detailed verification requirements; include for positions requiring high security or trust
1. Schedule A - Service Charges: Detailed breakdown of markup percentages, administration fees, and other charges
2. Schedule B - Job Categories and Rates: List of approved job positions, corresponding skill requirements, and rate cards
3. Schedule C - Statutory Compliance Checklist: List of applicable labor laws and compliance requirements
4. Schedule D - Service Level Agreement: Performance metrics, response times, and service quality parameters
5. Schedule E - Assignment Terms Template: Standard template for individual worker assignments
6. Appendix 1 - Required Documents: List of mandatory documents for worker onboarding
7. Appendix 2 - Code of Conduct: Behavioral guidelines and workplace policies for temporary workers
8. Appendix 3 - Benefits Structure: Details of statutory and additional benefits provided to temporary workers
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