Recruiting Agency Contract for Hong Kong

Recruiting Agency Contract Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong 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, compliance requirements with Hong Kong employment agency regulations, data protection obligations under the Personal Data (Privacy) Ordinance, and mutual responsibilities of both parties. It includes specific provisions for candidate sourcing, screening, placement processes, and warranty periods, all tailored to comply with Hong Kong's regulatory framework and business practices.

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What is a Recruiting Agency Contract?

The Recruiting Agency Contract is a crucial document used to formalize the relationship between professional recruitment agencies and their client companies in Hong Kong. It is essential when engaging external recruitment services and must comply with Hong Kong's Employment Agency Regulations (Cap. 57A) and related legislation. The contract covers critical aspects including service scope, fee structures, candidate warranties, data protection requirements, and compliance with local employment laws. It's particularly important given Hong Kong's strict regulatory environment for employment agencies and the need to protect both parties' interests in the recruitment process. The document typically includes provisions for both permanent and contract staffing solutions, with specific attention to Hong Kong's unique business environment and employment practices.

What sections should be included in a Recruiting Agency Contract?

1. Parties: Identification of the recruitment agency and the client company, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including the agency's licensing status and the client's recruitment needs

3. Definitions: Key terms used throughout the agreement, including 'Candidates', 'Placement', 'Services', 'Fees', etc.

4. Scope of Services: Detailed description of recruitment services provided, including search, screening, and placement services

5. Agency Obligations: The agency's responsibilities, including compliance with Hong Kong employment laws, due diligence in candidate screening, and service delivery standards

6. Client Obligations: Client's responsibilities, including providing accurate job requirements, timely communication, and cooperation

7. Fee Structure: Detailed breakdown of fees, payment terms, and conditions for refunds or replacements

8. Confidentiality: Provisions for handling confidential information of both parties and candidates

9. Data Protection: Compliance with Personal Data (Privacy) Ordinance and data handling procedures

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Warranties and Indemnities: Guarantees provided by both parties and protection against claims

12. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

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

1. International Recruitment: Additional terms for overseas recruitment services, including visa assistance and compliance with immigration laws

2. Temporary Staffing: Terms specific to temporary or contract staff placement services

3. Volume Hiring: Special terms and fee structures for bulk recruitment projects

4. Executive Search: Specific terms for C-level and senior executive recruitment

5. Non-Solicitation: Restrictions on hiring agency staff or direct hiring of candidates

6. Service Level Agreement: Specific performance metrics and service standards

7. Force Majeure: Provisions for unforeseen circumstances affecting service delivery

What schedules should be included in a Recruiting Agency Contract?

1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, including placement fees, retainer structures, and additional service charges

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

3. Schedule 3: Required Documentation: List of required documents for candidates and compliance requirements

4. Schedule 4: Key Personnel: Details of key agency team members assigned to the client

5. Appendix A: Data Processing Agreement: Detailed terms for handling personal data in compliance with Hong Kong privacy laws

6. Appendix B: Compliance Checklist: Checklist of regulatory requirements and compliance procedures

7. Appendix C: Standard Forms: Templates for job orders, candidate submissions, and other standard documentation

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
Relevant Industries

Financial Services

Technology

Manufacturing

Retail

Healthcare

Professional Services

Education

Real Estate

Logistics

Hospitality

Construction

Media and Entertainment

Telecommunications

Insurance

Banking

Relevant Teams

Human Resources

Legal

Procurement

Finance

Compliance

Operations

Business Development

Risk Management

Talent Acquisition

Contract Management

Relevant Roles

HR Director

HR Manager

Talent Acquisition Manager

Legal Counsel

Procurement Manager

Finance Director

Hiring Manager

Recruitment Director

Compliance Officer

Operations Director

Business Development Manager

Account Manager

HR Business Partner

Contract Manager

Risk Manager

Industries
Employment Ordinance (Cap. 57): The main employment legislation in Hong Kong that sets out basic employment standards and rights, including regulations on employment terms and conditions that recruitment agencies must understand and comply with.
Employment Agency Regulations (Cap. 57A): Specific regulations governing the operation of employment agencies in Hong Kong, including licensing requirements, permitted fees, and operational standards.
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, handling, and use of personal data, which is crucial for recruitment agencies dealing with candidate information.
Business Registration Ordinance (Cap. 310): Governs business registration requirements that recruitment agencies must comply with to operate legally in Hong Kong.
Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615): Relevant for financial compliance and verification of business partners and clients.
Sex Discrimination Ordinance (Cap. 480): Prohibits discrimination based on sex in employment practices and must be considered in recruitment processes.
Disability Discrimination Ordinance (Cap. 487): Ensures equal opportunities for persons with disabilities in employment and must be considered in recruitment practices.
Race Discrimination Ordinance (Cap. 602): Prevents discrimination based on race in employment and must be considered in recruitment processes.
Family Status Discrimination Ordinance (Cap. 527): Protects against discrimination based on family status in employment contexts.
Contracts Ordinance (Cap. 23): General contract law principles applicable to business agreements in Hong Kong.
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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