This Placement Agreement template is designed for use under German law when establishing a formal relationship between recruitment agencies and companies seeking talent acquisition services. The document is essential for defining the terms of professional recruitment services, including candidate search, screening, and placement processes. It incorporates crucial elements required by German legislation, particularly the Arbeitnehmerüberlassungsgesetz (AÜG) and Social Security Code III (SGB III), while ensuring compliance with EU data protection regulations (GDPR). The agreement is structured to protect both parties' interests, clearly outlining service scope, fee structures, and liability limitations, making it suitable for both domestic and international recruitment activities within the German market.
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1. Parties: Identification of the placement agency and the client company, including full legal names, registration details, and addresses
2. Background: Context of the agreement, describing the client's recruitment needs and the agency's services
3. Definitions: Key terms used throughout the agreement, including 'Candidates', 'Placement', 'Placement Fee', and 'Recruitment Services'
4. Scope of Services: Detailed description of recruitment services to be provided by the agency
5. Agency Obligations: Specific responsibilities of the placement agency, including candidate screening and presentation processes
6. Client Obligations: Client's responsibilities, including providing accurate job descriptions and timely feedback
7. Fee Structure: Placement fees, payment terms, and conditions for fee becoming due
8. Data Protection: GDPR compliance measures and data handling procedures
9. Confidentiality: Protection of confidential information exchanged during the recruitment process
10. Term and Termination: Duration of agreement and termination provisions
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Replacement Guarantee: Terms for candidate replacement if placement fails within specified period - include when offering replacement guarantees
2. Exclusivity: Provisions for exclusive recruitment rights - include when agency has exclusive rights
3. International Placements: Additional terms for cross-border recruitment - include when handling international placements
4. Success Fee Structure: Alternative fee arrangements based on performance - include when using success-based compensation
5. Volume Discounts: Reduced fee structure for multiple placements - include when offering volume-based pricing
6. Direct Hire Restrictions: Restrictions on client directly hiring candidates - include when protecting agency interests
1. Schedule 1 - Fee Schedule: Detailed breakdown of placement fees, including calculation methods and payment terms
2. Schedule 2 - Service Levels: Specific performance metrics and service level commitments
3. Schedule 3 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
4. Appendix A - Required Candidate Information: Template for standardized candidate information presentation
5. Appendix B - Job Requisition Form: Standard format for client job requirements submission
6. Appendix C - Placement Confirmation Form: Template for documenting successful placements and triggering fees
Relevant legal definitions
Agreement
Applicable Law
Business Day
Candidate
Confidential Information
Data Protection Laws
Effective Date
Introduction
Placement
Placement Fee
Position
Recruitment Services
Replacement Period
Service Level Requirements
Successful Placement
Term
Territory
Client
Agency
Job Description
Qualifying Offer
Start Date
Personal Data
Processing
Refund Period
Rejection
Required Information
Search Period
Short-List
Remuneration Package
Working Day
Applicable Law
Business Day
Candidate
Confidential Information
Data Protection Laws
Effective Date
Introduction
Placement
Placement Fee
Position
Recruitment Services
Replacement Period
Service Level Requirements
Successful Placement
Term
Territory
Client
Agency
Job Description
Qualifying Offer
Start Date
Personal Data
Processing
Refund Period
Rejection
Required Information
Search Period
Short-List
Remuneration Package
Working Day
Clauses
Scope of Services
Service Fees
Payment Terms
Data Protection
Confidentiality
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Governing Law
Dispute Resolution
Assignment
Notices
Entire Agreement
Severability
Amendment
Waiver
Exclusivity
Service Levels
Compliance with Laws
Intellectual Property
Anti-Corruption
Insurance
Audit Rights
Personnel
Replacement Guarantees
Success Fee
Volume Discounts
Equal Treatment
Data Processing
Reporting Requirements
Service Fees
Payment Terms
Data Protection
Confidentiality
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Termination
Governing Law
Dispute Resolution
Assignment
Notices
Entire Agreement
Severability
Amendment
Waiver
Exclusivity
Service Levels
Compliance with Laws
Intellectual Property
Anti-Corruption
Insurance
Audit Rights
Personnel
Replacement Guarantees
Success Fee
Volume Discounts
Equal Treatment
Data Processing
Reporting Requirements
Relevant Industries
Professional Services
Technology
Manufacturing
Financial Services
Healthcare
Retail
Logistics
Construction
Energy
Telecommunications
Education
Consulting
Automotive
Pharmaceuticals
Relevant Teams
Human Resources
Legal
Procurement
Compliance
Operations
Talent Acquisition
Finance
Risk Management
Relevant Roles
HR Director
Talent Acquisition Manager
Legal Counsel
Procurement Manager
HR Business Partner
Recruitment Manager
Compliance Officer
Operations Director
Chief Human Resources Officer
Contracts Manager
General Counsel
Head of Talent Acquisition
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