Recruitment Agency Agreement With Candidate for Hong Kong

Recruitment Agency Agreement With Candidate Template for Hong Kong

This agreement, governed by Hong Kong law, establishes the legal relationship between a recruitment agency and a job candidate seeking employment placement services. It outlines the terms and conditions under which the agency will provide recruitment services, including job search, interview arrangements, and placement assistance. The document ensures compliance with Hong Kong's Employment Agency Regulations and Personal Data (Privacy) Ordinance, covering essential aspects such as fee structures, data protection, confidentiality, and the obligations of both parties throughout the recruitment process.

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What is a Recruitment Agency Agreement With Candidate?

The Recruitment Agency Agreement With Candidate is a crucial document used when a job seeker engages a recruitment agency's services in Hong Kong. This agreement is designed to comply with Hong Kong's Employment Agency Regulations (Cap. 57A) and related legislation, ensuring that both parties understand their rights, obligations, and the terms of service. It becomes necessary when a candidate seeks professional assistance in job placement and includes detailed provisions about service scope, fee structures (adhering to Hong Kong's maximum commission regulations), data protection, and confidentiality requirements. The document is particularly important in protecting both parties' interests and ensuring transparency in the recruitment process while maintaining compliance with Hong Kong's strict recruitment agency licensing requirements and employment laws.

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

1. Parties: Identifies the recruitment agency and the candidate, including their full legal names and addresses

2. Background: Explains the context of the agreement - that the agency provides recruitment services and the candidate seeks job placement assistance

3. Definitions: Defines key terms used throughout the agreement, including 'Services', 'Placement', 'Commission', 'Employer'

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

5. Candidate Obligations: Specifies the candidate's responsibilities, including providing accurate information and attending interviews

6. Agency Obligations: Outlines the agency's duties, including job search, interview arrangements, and communication responsibilities

7. Fees and Commission: Details the fee structure, payment terms, and conditions for commission (in compliance with Hong Kong regulations)

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

9. Confidentiality: Covers confidentiality obligations regarding sensitive information shared during the recruitment process

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

11. General Provisions: Includes standard clauses on notices, entire agreement, governing law, and jurisdiction

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

1. Exclusivity: Optional clause for exclusive arrangements where the candidate agrees to work only with this agency - used for specialized positions or executive search

2. International Placement: Additional provisions for overseas job placements, including visa assistance and international regulations - used when offering international placement services

3. Non-Circumvention: Prevents the candidate from bypassing the agency to deal directly with potential employers - used in markets with high circumvention risk

4. Replacement Guarantee: Terms for replacement candidates or refund if placement fails within a specified period - used for premium service packages

5. Training and Preparation: Details any interview preparation, CV writing, or career coaching services - used when offering additional career development services

6. Success Bonus: Terms for additional bonuses or incentives based on successful placement - used in executive or high-commission placements

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

1. Schedule 1: Fee Structure: Detailed breakdown of all applicable fees, commissions, and payment terms

2. Schedule 2: Services Description: Comprehensive list of recruitment services provided under the agreement

3. Schedule 3: Candidate Profile: Details of candidate's qualifications, experience, and job preferences

4. Schedule 4: Privacy Policy: Detailed privacy policy and data handling procedures

5. Appendix A: Required Documents: List of documents required from the candidate (e.g., CV, 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 legal definitions
Clauses
Relevant Industries

Financial Services

Technology

Professional Services

Manufacturing

Retail

Healthcare

Education

Construction

Hospitality

Logistics

Real Estate

Media and Entertainment

Telecommunications

Legal Services

Human Resources Services

Relevant Teams

Human Resources

Legal

Compliance

Talent Acquisition

Operations

Administration

Risk Management

Employment Relations

Relevant Roles

HR Director

HR Manager

Recruitment Manager

Talent Acquisition Specialist

Legal Counsel

Compliance Officer

Employment Agency Director

Recruitment Consultant

HR Business Partner

Hiring Manager

Operations Manager

Agency License Holder

Contract Administrator

HR Compliance Specialist

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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