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Staffing Agency Contract With Client
I need a Staffing Agency Contract With Client for my Hong Kong tech company that will be hiring temporary IT workers through agencies, with special emphasis on data security provisions and the ability to convert temporary workers to permanent employees after 6 months.
1. Parties: Identifies the staffing agency and the client company, including full legal names and registered addresses
2. Background: Sets out the context of the agreement - that the agency provides staffing services and the client wishes to engage such services
3. Definitions: Defines key terms used throughout the agreement, including 'Temporary Workers', 'Assignment', 'Fees', etc.
4. Scope of Services: Details the staffing services to be provided, including recruitment, placement, and management of temporary workers
5. Agency Obligations: Specifies the agency's responsibilities including vetting workers, ensuring compliance with employment laws, and maintaining insurance
6. Client Obligations: Outlines the client's duties including providing safe working conditions, accurate job descriptions, and timely payment
7. Temporary Worker Status: Clarifies the employment relationship and confirms that workers are employed by the agency, not the client
8. Fees and Payment Terms: Details the fee structure, payment schedule, and invoicing procedures
9. Confidentiality: Protects sensitive information exchanged during the service provision
10. Data Protection: Addresses handling of personal data in compliance with the Personal Data (Privacy) Ordinance
11. Liability and Indemnity: Allocates risks and responsibilities between parties
12. Term and Termination: Specifies contract duration and circumstances for termination
13. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Immigration Compliance: Required when the agency may supply foreign workers, detailing visa and work permit requirements
2. Specific Industry Requirements: Needed for regulated industries (e.g., financial services) with additional compliance requirements
3. Conversion Fees: Include when allowing clients to permanently hire temporary workers, specifying conversion fee structure
4. Performance Metrics: Optional section defining KPIs and service levels for the agency
5. Training Requirements: Include when specific training is required for temporary workers
6. Insurance Requirements: Detailed insurance provisions beyond standard coverage, if required by client
7. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation provisions
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, margins, and payment structures
2. Schedule 2 - Service Specifications: Detailed description of services, including recruitment process and worker management procedures
3. Schedule 3 - Required Worker Qualifications: Specific qualifications, certifications, and experience requirements for different worker categories
4. Schedule 4 - Client Locations and Facilities: List of client sites where temporary workers may be assigned
5. Schedule 5 - Key Personnel: Contact details for key agency and client personnel responsible for contract management
6. Appendix A - Standard Operating Procedures: Detailed procedures for worker requisition, timesheet submission, and issue resolution
7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance procedures
8. Appendix C - Forms and Templates: Standard forms for worker requisition, evaluation, and incident reporting
Authors
Agency
Assignment
Business Day
Client
Client Group
Commencement Date
Confidential Information
Conversion Fee
Data Protection Legislation
Effective Date
Employment Ordinance
Fees
Force Majeure Event
Intellectual Property Rights
Key Personnel
Legislative Requirements
Losses
Material Breach
Notice
Personal Data
Purchase Order
Qualified Person
Regular Hours
Relevant Requirements
Representatives
Services
Service Levels
Specific Terms
Staff
Temporary Worker
Term
Territory
Timesheet
Working Hours
Work Location
Work Product
Worker Specifications
Agency Obligations
Client Obligations
Fees and Payment
Worker Engagement
Term and Duration
Termination
Health and Safety
Confidentiality
Data Protection
Non-Solicitation
Intellectual Property
Liability and Indemnification
Insurance
Force Majeure
Immigration Compliance
Worker Replacement
Performance Standards
Worker Supervision
Timesheets and Records
Client Facilities Access
Regulatory Compliance
Anti-Corruption
Worker Conversion
Dispute Resolution
Governing Law
Assignment and Subcontracting
Notices
Entire Agreement
Severability
Variation
Third Party Rights
Waiver
Counterparts
Technology
Financial Services
Manufacturing
Retail
Healthcare
Construction
Hospitality
Professional Services
Logistics
Education
Media and Entertainment
Real Estate
Telecommunications
Human Resources
Legal
Procurement
Operations
Finance
Compliance
Risk Management
Talent Acquisition
Administration
Facilities Management
Human Resources Director
Legal Counsel
Procurement Manager
Operations Manager
HR Manager
Talent Acquisition Manager
Compliance Officer
Risk Manager
Finance Director
Department Head
Project Manager
Chief Operating Officer
General Counsel
HR Business Partner
Facilities Manager
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