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9.5 The failure or delay of either party to enforce any provision of this Agreement or to respond to a breach of any provision shall not constitute a waiver of its rights, except expressly for such rights in clause 6.3. PandaTip: In this recruitment strategy agreement template, “company” refers to the person who will hire the employee and “personnel agent” refers to the person who will find the employee (i.e. The employment agency / headhunter). 8.1 the inability of the Company to pay the royalties due under this Agreement within 60 (sixty) days from the due date, unless such delay has been explicitly agreed between the parties. 1.8 “other agent” means any person who represents or purports to represent the candidate with or without the candidate`s instruction, whether or not active in the field of recruitment or the human resources (HR) department. With all that has been mentioned, all new additions to the agreement should be accompanied by a new formatted document, which will be signed again by both parties. 2.3. No modification or modification of these conditions is valid, unless the details of such modification are agreed between the Agency and the Client and they are presented in writing and a copy of the modified conditions is provided to the Client, indicating the date on which these different conditions apply or on the date of application of these different conditions. This proposed Agreement shall be deemed valid from _______ and shall be valid until ____________ 3.
OBLIGATIONS OF THE RECRUITMENT AGENT The personnel facilitator will make every effort to find a suitable candidate and present him to the company. The recruiter will use their skills, experience in the areas of recruitment and human resources (HR) as well as industry knowledge to find, screen, interview and test candidates. The recruiter can search directly for candidates or outsource this role to third parties or networks. The recruiter does not perform specific tests such as drug tests, background exams, and credit checks. The contractual format concluded between a staff placement company and its respective employer makes it possible to maintain a harmonious relationship throughout the period of the business relationship and contains all the details of the agreements concluded between the two parties, such as the scope of services, the fee paid for recruitment services and all other important information as such, in order to avoid any new misunderstanding. Both parties understand the agreement and have it signed for future references, if any. Among the services was the recruitment of the most suitable candidates for positions informed by the employer. The selection of the profile by the Agency may be carried out by one of the methods such as advertising or executive search or any other appropriate method as such. After the primary assessment and screening, the profile of the candidates is shared with the employer for the rest of the interview process. 1.7 “dismissal”, “dismissal”, “termination”, means the termination of the candidate`s employment only in the following circumstances: resignation of the candidate, dismissal for infringement, dismissal for serious misconduct, failure of the candidate to engage in employment or advice, notwithstanding the performance of an employment or advice contract. To ensure the proper treatment of the requirements, the employer should assist the Agency with appropriate needs, such as: either the Agency or the employer has the right to terminate the contract with prior notification of ____ months and with a reasonably acceptable reason.
PandaTip: This is the most important clause in this recruitment strategy agreement and it is most likely to be controversial, so it is important to formulate it very clearly. Does the recruiter/headhunter receive a fixed fee or a percentage? Or maybe it has elements of both? Does the recruitment agent`s fees (or part of it) depend on the candidate remaining in the role for a certain period of time? Is the payment due to the headhunter, even if no candidate is found? We add examples: the sum of $10,000 ($10,000) at Sign On; 15% of the candidate`s annual salary at Sign On; the sum of USD 5,000 (five thousand dollars), payable upon signature of this agreement and 20% of the annual salary of the candidate to Sign On; the sum of USD 10,000 ($10,000) to Sign On and 20% of the candidate`s salary as soon as he or she has spent six months working with the company…