Agreement Between Recruitment Agency And Candidate for Hong Kong

Agreement Between Recruitment Agency And Candidate Template for Hong Kong

A legally binding agreement governed by Hong Kong law that establishes the professional relationship between a recruitment agency and a job candidate. The document outlines the rights, obligations, and responsibilities of both parties during the job search process, including data protection commitments, service scope, and any applicable fees in compliance with Hong Kong's Employment Agency Regulations. It incorporates requirements from various Hong Kong ordinances, including the Personal Data (Privacy) Ordinance and Employment Agency Regulations (Cap. 57A), ensuring proper protection for both the agency and the candidate.

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What is a Agreement Between Recruitment Agency And Candidate?

The Agreement Between Recruitment Agency And Candidate is a crucial document used in Hong Kong's recruitment industry to formalize the relationship between employment agencies and job seekers. This agreement is particularly important in Hong Kong's dynamic job market, where recruitment agencies play a significant role in connecting talent with employers. The document ensures compliance with Hong Kong's strict regulations governing employment agencies, including the Employment Agency Regulations (Cap. 57A) and Personal Data (Privacy) Ordinance. It covers essential aspects such as service scope, candidate obligations, data protection, and any permissible fee arrangements. The agreement is designed to protect both parties' interests while maintaining transparency in the recruitment process and ensuring compliance with local laws.

What sections should be included in a Agreement Between Recruitment Agency And Candidate?

1. Parties: Identifies the recruitment agency and the candidate, including full legal names and contact details

2. Background: Brief context explaining the purpose of the agreement and the relationship between the parties

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Services: Details the recruitment services to be provided by the agency to the candidate

5. Candidate Obligations: Outlines the candidate's responsibilities, including providing accurate information and maintaining communication

6. Agency Obligations: Specifies the agency's commitments and responsibilities in providing recruitment services

7. Data Protection and Privacy: Addresses handling of personal data in compliance with the Personal Data (Privacy) Ordinance

8. Confidentiality: Provisions regarding confidential information shared during the recruitment process

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. General Provisions: Standard legal clauses including governing law, notices, and entire agreement provisions

What sections are optional to include in a Agreement Between Recruitment Agency And Candidate?

1. Fee Structure: Required if the agency charges any fees to candidates (noting strict regulations in Hong Kong about what can be charged)

2. Overseas Placement: Additional terms for candidates seeking placement outside Hong Kong

3. Replacement Guarantee: Terms regarding replacement services if initial placement is unsuccessful

4. Non-Solicitation: Restrictions on the candidate's ability to deal directly with employers introduced by the agency

5. Special Skills and Qualifications: For candidates in specialized fields requiring specific certifications or qualifications

6. Multiple Agency Acknowledgment: Terms addressing scenarios where candidate works with multiple agencies

What schedules should be included in a Agreement Between Recruitment Agency And Candidate?

1. Schedule 1 - Service Description: Detailed breakdown of recruitment services provided

2. Schedule 2 - Fee Schedule: If applicable, detailed breakdown of any permitted fees and payment terms

3. Schedule 3 - Data Protection Policy: Detailed privacy policy and data handling procedures

4. Schedule 4 - Candidate Profile: Details of candidate's experience, qualifications, and job preferences

5. Appendix A - Required Documents: List of documents required from the candidate (e.g., ID, certificates, references)

6. Appendix B - Code of Conduct: Agency's code of conduct and professional standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant Industries

Financial Services

Technology

Professional Services

Healthcare

Education

Retail

Manufacturing

Construction

Hospitality

Domestic Services

Logistics

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Operations

Talent Acquisition

Administration

Risk Management

Relevant Roles

HR Director

HR Manager

Recruitment Manager

Compliance Officer

Legal Counsel

HR Specialist

Talent Acquisition Specialist

Employment Agency Director

Recruitment Consultant

HR Business Partner

Operations Manager

Contract Manager

Industries
Employment Ordinance (Cap. 57): The main employment legislation in Hong Kong that sets out basic employment conditions and protections. Relevant for understanding the broader employment framework within which recruitment operates.
Employment Agency Regulations (Cap. 57A): Specific regulations governing the operation of employment agencies in Hong Kong, including licensing requirements, permitted fees, and operational requirements.
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, handling, and use of personal data. Critical for how recruitment agencies must handle candidate information and obtain necessary consents.
Sex Discrimination Ordinance (Cap. 480): Prohibits discrimination based on gender in employment contexts, including recruitment processes.
Disability Discrimination Ordinance (Cap. 487): Ensures fair treatment and prevents discrimination against persons with disabilities in recruitment and employment.
Race Discrimination Ordinance (Cap. 602): Prevents discrimination based on race in employment and recruitment processes.
Family Status Discrimination Ordinance (Cap. 527): Protects against discrimination based on family status in employment-related matters.
Immigration Ordinance (Cap. 115): Relevant for verification of candidates' right to work in Hong Kong and requirements for employment visas.
Contracts Ordinance (Cap. 26): Governs the formation and enforcement of contracts in Hong Kong, relevant for the agreement's basic validity and enforceability.
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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