The Employment Agency Contract With Client is essential for businesses operating in Malaysia that engage recruitment agencies for their hiring needs. This document is designed to comply with Malaysian legislation, particularly the Private Employment Agencies Act 1981, Employment Act 1955, and Personal Data Protection Act 2010. It establishes the professional relationship between employment agencies and their client companies, detailing service scope, fee structures, placement terms, and mutual obligations. The agreement is crucial for protecting both parties' interests while ensuring regulatory compliance in recruitment processes, whether for local or foreign talent acquisition. It typically includes provisions for candidate warranties, replacement periods, payment terms, and confidentiality obligations, adapted to Malaysian business practices and legal requirements.
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1. Parties: Identification of the employment agency and the client company, including registration numbers and registered addresses
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 to be provided by the agency
5. Agency Obligations: Key responsibilities and commitments of the employment agency
6. Client Obligations: Key responsibilities and commitments of the client company
7. Fees and Payment Terms: Structure of fees, payment schedule, and payment methods
8. Candidate Introduction and Placement: Process for introducing candidates and conditions for successful placement
9. Replacement and Refund Policy: Terms for candidate replacement and fee refunds if placements are unsuccessful
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Data Protection: Compliance with Personal Data Protection Act 2010 and data handling procedures
12. Term and Termination: Duration of agreement and conditions for termination
13. Liability and Indemnity: Limitation of liability and indemnification provisions
14. General Provisions: Standard contractual terms including notices, amendments, and governing law
1. Foreign Worker Recruitment: Include when services involve recruiting foreign workers, covering compliance with Immigration Act and related regulations
2. Volume Discounts: Include when offering special rates for bulk hiring or retained services
3. Executive Search Services: Include for specialized C-suite or senior management recruitment services
4. Accommodation Services: Include when agency provides worker accommodation services
5. Training Services: Include when agency provides pre-employment or orientation training
6. Temporary Staffing: Include when offering temporary or contract staffing services
7. Non-Solicitation: Include to prevent direct hiring of agency staff or placed candidates
8. Service Level Agreement: Include when specific performance metrics and standards are required
1. Schedule 1: Fee Structure: Detailed breakdown of all fees, including placement fees, retained search fees, and additional service charges
2. Schedule 2: Service Specifications: Detailed description of each service offered, including processes and deliverables
3. Schedule 3: Required Documentation: List of documents required from candidates and client for various services
4. Schedule 4: Compliance Checklist: Checklist of regulatory requirements and compliance procedures
5. Appendix A: Standard Forms: Templates for job orders, candidate submissions, and placement confirmations
6. Appendix B: Code of Conduct: Agency's code of conduct and ethical guidelines
7. Appendix C: Data Protection Policy: Detailed data protection and privacy procedures
8. Appendix D: Service Level Metrics: Specific performance indicators and measurement criteria
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Financial Services
Healthcare
Construction
Retail
Hospitality
Education
Professional Services
Logistics
Oil and Gas
Agriculture
Telecommunications
Real Estate
Relevant Teams
Human Resources
Legal
Compliance
Finance
Operations
Executive Leadership
Procurement
Risk Management
Business Development
Administrative
Relevant Roles
HR Director
Recruitment Manager
Legal Counsel
Compliance Officer
Finance Director
Operations Manager
Managing Director
Talent Acquisition Specialist
HR Business Partner
Contract Manager
Account Manager
Business Development Manager
Company Secretary
Risk Manager
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