The Placement Agreement is essential for businesses operating in Switzerland that engage professional recruitment services. This contract type formalizes the relationship between licensed placement agencies and their client companies, establishing clear terms for recruitment services while ensuring compliance with Swiss regulations, particularly the Federal Act on Employment Services and Leasing of Services. The agreement covers crucial aspects such as service scope, fee structures, candidate guarantees, and data protection requirements. It's particularly important in the Swiss context due to specific regulatory requirements for placement agencies and the need to address both domestic and international recruitment considerations. The document serves as a comprehensive framework for managing recruitment relationships while protecting both parties' interests under Swiss law.
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1. Parties: Identification of the placement agency and the client company, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the placement agency's licensing details and the client's recruitment needs
3. Definitions: Key terms used throughout the agreement, including 'Candidate', 'Placement Services', 'Placement Fee', etc.
4. Scope of Services: Detailed description of placement services, including search, screening, and candidate presentation processes
5. Agency Obligations: Responsibilities of the placement agency, including compliance with Swiss employment laws and due diligence requirements
6. Client Obligations: Client's responsibilities, including providing accurate job descriptions and timely feedback on candidates
7. Fees and Payment Terms: Structure of placement fees, payment schedules, and conditions for fee payment
8. Replacement Guarantee: Terms and conditions of candidate replacement if placement is unsuccessful within specified period
9. Confidentiality: Obligations regarding confidential information exchange and data protection compliance
10. Data Protection: Compliance with Swiss data protection laws and handling of personal information
11. Term and Termination: Duration of the agreement and conditions for termination
12. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement provisions
1. International Placements: Additional terms for cross-border placements, including work permit assistance and compliance with FNIA
2. Specialized Industry Requirements: Specific terms for regulated industries (e.g., financial services, healthcare)
3. Training and Onboarding: Additional services related to candidate training or onboarding support
4. Volume Discounts: Special fee arrangements for multiple placements or preferred client status
5. Non-Solicitation: Restrictions on hiring placement agency staff or direct hiring of presented candidates
6. Dispute Resolution: Specific procedures for dispute resolution, including mediation before litigation
1. Schedule 1 - Fee Structure: Detailed breakdown of placement fees, including calculation methods and payment schedules
2. Schedule 2 - Service Level Agreement: Specific metrics and timeframes for delivery of placement services
3. Schedule 3 - Required Candidate Documentation: List of required documents and verifications for candidates
4. Appendix A - Standard Job Categories: Pre-defined job categories and associated fee structures
5. Appendix B - Compliance Checklist: Checklist ensuring compliance with Swiss employment and placement regulations
6. Appendix C - Data Processing Agreement: Detailed terms for handling personal data in compliance with FADP
Authors
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Financial Services
Information Technology
Manufacturing
Healthcare
Education
Retail
Construction
Hospitality
Telecommunications
Pharmaceutical
Legal Services
Engineering
Consumer Goods
Relevant Teams
Human Resources
Legal
Compliance
Finance
Procurement
Operations
Executive Leadership
Talent Acquisition
Contract Management
Business Development
Relevant Roles
HR Director
Talent Acquisition Manager
Recruitment Manager
Legal Counsel
Compliance Officer
HR Business Partner
Operations Director
Finance Director
Managing Director
Procurement Manager
Contract Manager
Chief Human Resources Officer
HR Operations Manager
Business Development Manager
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