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Recruiting Agency Contract Template for New Zealand

A comprehensive agreement governed by New Zealand law that establishes the terms and conditions between a recruitment agency and a client company for the provision of recruitment services. The document outlines the scope of services, fee structures, obligations of both parties, confidentiality requirements, and compliance with New Zealand employment and privacy legislation. It includes specific provisions for candidate sourcing, placement terms, guarantee periods, and payment conditions while ensuring alignment with the Employment Relations Act 2000, Privacy Act 2020, and other relevant New Zealand regulations.

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What is a Recruiting Agency Contract?

The Recruiting Agency Contract is essential for businesses in New Zealand seeking to formalize their relationship with professional recruitment service providers. This document is typically used when a company requires ongoing recruitment support or plans to engage a recruitment agency for multiple hiring needs. The contract encompasses crucial elements such as service scope, fee structures, performance metrics, and compliance with New Zealand employment laws. It protects both parties' interests while ensuring transparency in the recruitment process and adherence to local regulations, including the Employment Relations Act 2000 and Privacy Act 2020. The agreement is particularly important for establishing clear responsibilities, payment terms, and candidate guarantee periods, while addressing specific requirements for data protection and confidentiality under New Zealand law.

What sections should be included in a Recruiting Agency Contract?

1. Parties: Identification of the recruitment agency and the client company, including registered addresses and company details

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

3. Definitions: Detailed definitions of key terms used throughout the agreement

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

5. Agency Obligations: Key responsibilities and commitments of the recruitment agency

6. Client Obligations: Key responsibilities and commitments of the client company

7. Fees and Payment Terms: Detailed fee structure, payment terms, and invoicing procedures

8. Confidentiality: Obligations regarding confidential information protection and usage

9. Data Protection and Privacy: Compliance with Privacy Act 2020 and handling of personal information

10. Non-Solicitation: Restrictions on hiring agency staff or approaching candidates directly

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

12. Warranties and Indemnities: Guarantees provided by each party and protection against claims

13. Dispute Resolution: Process for handling disagreements and conflicts

14. General Provisions: Standard legal clauses including governing law, notices, and amendments

What sections are optional to include in a Recruiting Agency Contract?

1. International Recruitment: Additional terms for international recruitment services and immigration compliance

2. Temporary Staffing: Specific terms for temporary or contract staff placement services

3. Volume Hiring: Special terms and pricing for bulk recruitment services

4. Executive Search: Specific terms for executive level recruitment services

5. Service Level Agreement: Detailed performance metrics and service standards

6. Insurance Requirements: Specific insurance coverage requirements for high-risk placements

7. Outsourced HR Services: Additional terms for extended HR support services

8. Remote Recruitment: Specific terms for virtual recruitment processes and remote candidate placement

What schedules should be included in a Recruiting Agency Contract?

1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, including placement fees, retainers, and additional services

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

3. Schedule 3 - Agreed Key Performance Indicators: Specific metrics for measuring service quality and performance

4. Schedule 4 - Required Reports and Documentation: Templates and formats for regular reporting and documentation

5. Schedule 5 - Authorized Representatives: List of key contacts and authorized decision-makers from both parties

6. Appendix A - Standard Terms and Conditions: Detailed standard terms and conditions referenced in the main agreement

7. Appendix B - Privacy and Data Protection Protocols: Detailed procedures for handling personal and confidential information

8. Appendix C - Placement Guarantee Terms: Specific conditions and terms of the placement guarantee or replacement policy

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

New Zealand

Document Type

Agency Agreement

Cost

Free to use

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