The Staffing Agency Contract serves as the foundational legal document governing the relationship between professional staffing agencies and their client companies in Hong Kong. This document is essential when engaging a recruitment agency to provide staffing solutions, whether for permanent placement, temporary staffing, or contract workforce arrangements. It encompasses crucial elements such as service scope, fee structures, compliance with Hong Kong employment laws, candidate replacement guarantees, and data protection requirements. The agreement is designed to protect both parties' interests while ensuring compliance with Hong Kong's Employment Ordinance, Employment Agency Regulations, and other relevant legislation. It's particularly important given Hong Kong's dynamic business environment and strict regulatory requirements for employment agencies.
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1. Parties: Identification of the staffing agency and the client company, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of recruitment and staffing services to be provided by the agency
5. Agency Obligations: Key responsibilities of the staffing agency including screening, verification, and placement services
6. Client Obligations: Client's responsibilities including providing accurate job descriptions, work conditions, and timely information
7. Fee Structure and Payment Terms: Detailed breakdown of fees, payment schedules, and invoicing procedures
8. Placement Process: Step-by-step process for candidate selection, introduction, and placement
9. Warranties and Representations: Warranties from both parties regarding their capacity, compliance with laws, and service quality
10. Confidentiality: Provisions for protecting confidential information of all parties
11. Data Protection: Compliance with PDPO and data handling procedures
12. Non-Solicitation: Restrictions on direct hiring and solicitation of employees
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Term and Termination: Duration of agreement and circumstances for termination
15. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Replacement Guarantee: Terms for replacing candidates who leave within a specified period - include when offering replacement guarantees
2. Volume Discounts: Structure for reduced fees based on hiring volume - include for larger clients or potential high-volume relationships
3. International Placement: Additional terms for cross-border placements - include when offering international recruitment services
4. Specialist Services: Terms for additional services like payroll management or HR consulting - include when offering extended services
5. Performance Metrics: KPIs and service level agreements - include when client requires specific performance standards
6. Training and Support: Terms for additional training or support services - include when offering candidate training
7. Insurance Requirements: Specific insurance coverage requirements - include for high-risk industries or client-specific requirements
8. Dispute Resolution: Detailed arbitration or mediation procedures - include when parties prefer alternative dispute resolution
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
2. Schedule 2 - Service Specifications: Detailed description of specific services, methodologies, and delivery standards
3. Schedule 3 - Required Documentation: List of required documents for candidates and compliance requirements
4. Schedule 4 - Placement Process: Detailed workflow and timeline for the recruitment and placement process
5. Schedule 5 - Key Personnel: List of key agency personnel responsible for account management
6. Appendix A - Standard Terms for Temporary Staff: Standard terms and conditions for temporary staff placements
7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance procedures
8. Appendix C - Data Protection Protocol: Detailed procedures for handling personal data in compliance with PDPO
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Manufacturing
Retail
Healthcare
Professional Services
Construction
Education
Hospitality
Logistics
Real Estate
Telecommunications
Banking
Insurance
Consulting
Relevant Teams
Human Resources
Legal
Procurement
Compliance
Operations
Talent Acquisition
Contract Management
Risk Management
Finance
Senior Management
Relevant Roles
Human Resources Director
Legal Counsel
Procurement Manager
Talent Acquisition Manager
Operations Director
Chief Human Resources Officer
Recruitment Manager
Compliance Officer
Contract Manager
HR Business Partner
Chief Operating Officer
General Counsel
HR Operations Manager
Hiring Manager
Business Unit Director
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