Employee Placement Agreement for Hong Kong

Employee Placement Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes the terms and conditions between an employment agency and a client company for the provision of recruitment and placement services. The document outlines the responsibilities of both parties, fee structures, placement guarantees, and compliance requirements with Hong Kong employment regulations, including the Employment Agency Regulations (Cap. 57A) and Personal Data (Privacy) Ordinance. It includes provisions for candidate screening, placement terms, replacement guarantees, and confidentiality obligations while ensuring adherence to local employment and data protection laws.

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What is a Employee Placement Agreement?

The Employee Placement Agreement is essential for businesses operating in Hong Kong that engage recruitment agencies for their hiring needs. This document is designed to comply with Hong Kong's legal framework, particularly the Employment Agency Regulations (Cap. 57A) and related employment laws. It is typically used when a company wishes to formalize its relationship with a recruitment agency, establishing clear terms for services, fees, and responsibilities. The agreement covers crucial aspects such as candidate screening processes, placement terms, fee structures, replacement guarantees, and data protection requirements. It's particularly important in Hong Kong's dynamic business environment where companies frequently rely on professional recruitment services for accessing talent pools. The Employee Placement Agreement also addresses specific local regulatory requirements, including agency licensing, permitted fee structures, and personal data protection obligations.

What sections should be included in a Employee Placement Agreement?

1. Parties: Identifies the employment agency and the client company, including full legal names, registration numbers, and registered addresses

2. Background: Outlines the context of the agreement, stating that the agency provides recruitment services and the client wishes to engage these services

3. Definitions: Defines key terms used throughout the agreement, including 'Candidate', 'Placement', 'Services', 'Fees', etc.

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

5. Agency Obligations: Lists the employment agency's responsibilities, including screening, shortlisting, and presenting candidates

6. Client Obligations: Specifies the client's responsibilities, including providing accurate job descriptions and timely feedback

7. Fees and Payment Terms: Details the fee structure, payment schedule, and any additional charges

8. Placement Guarantee: Outlines the terms of any replacement guarantee if a placed candidate leaves within a specified period

9. Confidentiality: Addresses the handling of confidential information shared between parties

10. Data Protection: Ensures compliance with Personal Data (Privacy) Ordinance requirements

11. Non-Solicitation: Prevents direct hiring of agency staff and interference with placed candidates

12. Term and Termination: Specifies the agreement duration and termination provisions

13. General Provisions: Includes standard clauses on notices, entire agreement, governing law, etc.

What sections are optional to include in a Employee Placement Agreement?

1. International Recruitment: Include when services involve recruiting candidates from outside Hong Kong, addressing visa and immigration requirements

2. Volume Discounts: Include when offering special rates for bulk placements or retained services

3. Exclusivity Arrangements: Include when the agency has exclusive rights for certain positions or departments

4. Multi-jurisdiction Services: Include when placement services extend to multiple countries or regions

5. Temporary Staffing Provisions: Include when the agreement covers both permanent and temporary staffing services

6. Training and Onboarding Support: Include when the agency provides additional post-placement support services

7. Service Level Agreement: Include when specific performance metrics and response times are required

What schedules should be included in a Employee Placement Agreement?

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

2. Schedule 2 - Service Specifications: Detailed description of recruitment process, methodologies, and timeframes

3. Schedule 3 - Required Positions: List of positions or job categories covered by the agreement

4. Schedule 4 - Compliance Requirements: Specific regulatory requirements and compliance procedures

5. Appendix A - Standard Forms: Templates for job requisitions, candidate presentations, and feedback forms

6. Appendix B - Data Protection Procedures: Detailed procedures for handling personal data in compliance with Hong Kong regulations

7. Appendix C - Service Level Metrics: Detailed performance indicators and measurement criteria

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

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Manufacturing

Professional Services

Retail

Healthcare

Education

Construction

Hospitality

Logistics

Real Estate

Telecommunications

Legal Services

Consumer Goods

Energy

Relevant Teams

Human Resources

Legal

Procurement

Finance

Compliance

Operations

Talent Acquisition

Corporate Services

Administration

Risk Management

Relevant Roles

HR Director

Talent Acquisition Manager

Procurement Manager

Legal Counsel

HR Business Partner

Recruitment Manager

Compliance Officer

Finance Director

Operations Manager

Chief Human Resources Officer

General Counsel

Contract Manager

HR Operations Manager

Hiring Manager

Industries
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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