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Staffing Agency Agreement for India

Staffing Agency Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions between a staffing agency and a client company for the provision of temporary or contract workers. The document ensures compliance with Indian labor laws, including the Contract Labour (Regulation and Abolition) Act, 1970, while defining the responsibilities, payment terms, and operational procedures for workforce management. It addresses crucial aspects such as statutory compliance, worker welfare, liability allocation, and dispute resolution mechanisms within the Indian legal framework.

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Staffing Agency Agreement

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What is a Staffing Agency Agreement?

This Staffing Agency Agreement is designed for use in India when a company needs to engage a professional staffing agency for temporary workforce solutions. The agreement comprehensively addresses the requirements under Indian labor laws, particularly the Contract Labour (Regulation and Abolition) Act, 1970, and related legislation. It establishes the framework for worker deployment, statutory compliance, payment terms, and risk management. The document is essential for businesses seeking flexible staffing solutions while ensuring proper documentation, worker welfare, and regulatory compliance. It includes detailed provisions for worker management, statutory benefits, workplace safety, and dispute resolution, tailored to meet both operational needs and legal requirements under Indian jurisdiction.

What sections should be included in a Staffing Agency Agreement?

1. Parties: Identifies the staffing agency and the client company, including their registered addresses and company details

2. Background: Explains the context of the agreement, including the staffing agency's business and the client's staffing needs

3. Definitions: Defines key terms used throughout the agreement including 'Contract Workers', 'Services', 'Charges', etc.

4. Scope of Services: Details the staffing services to be provided, including recruitment, deployment, and management of contract workers

5. Agency Obligations: Specifies the staffing agency's responsibilities including screening, verification, and compliance with labor laws

6. Client Obligations: Outlines the client's responsibilities regarding workplace safety, supervision, and cooperation

7. Charges and Payment Terms: Details the fee structure, payment schedule, and billing procedures

8. Contract Worker Management: Covers processes for worker deployment, replacement, attendance, and performance management

9. Compliance and Statutory Requirements: Addresses compliance with labor laws, maintaining registers, and statutory documentation

10. Confidentiality: Protects confidential information of all parties including business data and worker details

11. Indemnification: Sets out mutual indemnification obligations for various risks and liabilities

12. Term and Termination: Specifies agreement duration, renewal terms, and termination conditions

13. Dispute Resolution: Establishes procedures for resolving disputes between parties

14. Governing Law: Specifies Indian law as governing law and jurisdiction for disputes

What sections are optional to include in a Staffing Agency Agreement?

1. Non-Solicitation: Prevents direct hiring of contract workers by the client; include when protecting against workforce poaching is important

2. Insurance Requirements: Specifies insurance coverage requirements; include for high-risk industries or client requirements

3. Performance Metrics: Establishes KPIs and service levels; include when specific performance standards are crucial

4. International Operations: Addresses cross-border staffing requirements; include for multinational operations

5. Data Protection: Detailed data handling and privacy requirements; include when processing sensitive personal data

6. Force Majeure: Covers unforeseeable circumstances; include when operating in volatile environments

7. Intellectual Property Rights: Addresses IP created by contract workers; include for technical or creative roles

8. Training Requirements: Specifies training obligations; include when specialized skills or certifications are needed

What schedules should be included in a Staffing Agency Agreement?

1. Schedule 1 - Service Description: Detailed description of staffing services, including specific roles and skill requirements

2. Schedule 2 - Fee Structure: Detailed breakdown of charges, markup percentages, and additional costs

3. Schedule 3 - Statutory Compliance Checklist: List of required compliance documents and periodic submissions

4. Schedule 4 - Standard Operating Procedures: Detailed procedures for worker deployment, replacement, and management

5. Schedule 5 - Required Documentation: List of mandatory documents for contract workers and verification requirements

6. Appendix A - Client Locations: List of client sites where services will be provided

7. Appendix B - Approved Job Roles: Detailed job descriptions and qualification requirements for different positions

8. Appendix C - Performance Standards: Detailed metrics and evaluation criteria for service quality assessment

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

India

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Information Technology

Manufacturing

Construction

Healthcare

Retail

Logistics and Supply Chain

Banking and Financial Services

Telecommunications

Hospitality

Engineering Services

Business Process Outsourcing

E-commerce

Relevant Teams

Human Resources

Legal

Procurement

Operations

Compliance

Finance

Project Management

Facility Management

Risk Management

Contract Administration

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Manager

Compliance Officer

Finance Manager

Project Manager

Facility Manager

HR Business Partner

Talent Acquisition Manager

Risk Manager

Contract Administrator

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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