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Employment Agency Contract With Client for Malaysia

Employment Agency Contract With Client Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes the terms and conditions between an employment agency and its client company for recruitment and placement services. The document complies with the Private Employment Agencies Act 1981 and related Malaysian employment legislation, outlining services, fees, obligations, candidate replacement policies, and data protection requirements. It includes provisions for both local and foreign worker recruitment where applicable, while ensuring compliance with Malaysian labor laws and regulations.

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What is a Employment Agency Contract With Client?

The Employment Agency Contract With Client is essential for businesses operating in Malaysia that engage recruitment agencies for their hiring needs. This document is designed to comply with Malaysian legislation, particularly the Private Employment Agencies Act 1981, Employment Act 1955, and Personal Data Protection Act 2010. It establishes the professional relationship between employment agencies and their client companies, detailing service scope, fee structures, placement terms, and mutual obligations. The agreement is crucial for protecting both parties' interests while ensuring regulatory compliance in recruitment processes, whether for local or foreign talent acquisition. It typically includes provisions for candidate warranties, replacement periods, payment terms, and confidentiality obligations, adapted to Malaysian business practices and legal requirements.

What sections should be included in a Employment Agency Contract With Client?

1. Parties: Identification of the employment agency and the client company, including registration numbers and registered addresses

2. Background: Context of the agreement and brief description of the parties' business activities

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of recruitment and placement services to be provided by the agency

5. Agency Obligations: Key responsibilities and commitments of the employment agency

6. Client Obligations: Key responsibilities and commitments of the client company

7. Fees and Payment Terms: Structure of fees, payment schedule, and payment methods

8. Candidate Introduction and Placement: Process for introducing candidates and conditions for successful placement

9. Replacement and Refund Policy: Terms for candidate replacement and fee refunds if placements are unsuccessful

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Data Protection: Compliance with Personal Data Protection Act 2010 and data handling procedures

12. Term and Termination: Duration of agreement and conditions for termination

13. Liability and Indemnity: Limitation of liability and indemnification provisions

14. General Provisions: Standard contractual terms including notices, amendments, and governing law

What sections are optional to include in a Employment Agency Contract With Client?

1. Foreign Worker Recruitment: Include when services involve recruiting foreign workers, covering compliance with Immigration Act and related regulations

2. Volume Discounts: Include when offering special rates for bulk hiring or retained services

3. Executive Search Services: Include for specialized C-suite or senior management recruitment services

4. Accommodation Services: Include when agency provides worker accommodation services

5. Training Services: Include when agency provides pre-employment or orientation training

6. Temporary Staffing: Include when offering temporary or contract staffing services

7. Non-Solicitation: Include to prevent direct hiring of agency staff or placed candidates

8. Service Level Agreement: Include when specific performance metrics and standards are required

What schedules should be included in a Employment Agency Contract With Client?

1. Schedule 1: Fee Structure: Detailed breakdown of all fees, including placement fees, retained search fees, and additional service charges

2. Schedule 2: Service Specifications: Detailed description of each service offered, including processes and deliverables

3. Schedule 3: Required Documentation: List of documents required from candidates and client for various services

4. Schedule 4: Compliance Checklist: Checklist of regulatory requirements and compliance procedures

5. Appendix A: Standard Forms: Templates for job orders, candidate submissions, and placement confirmations

6. Appendix B: Code of Conduct: Agency's code of conduct and ethical guidelines

7. Appendix C: Data Protection Policy: Detailed data protection and privacy procedures

8. Appendix D: Service Level Metrics: Specific performance indicators and measurement criteria

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

Malaysia

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions





























Clauses



































Relevant Industries

Manufacturing

Technology

Financial Services

Healthcare

Construction

Retail

Hospitality

Education

Professional Services

Logistics

Oil and Gas

Agriculture

Telecommunications

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Finance

Operations

Executive Leadership

Procurement

Risk Management

Business Development

Administrative

Relevant Roles

HR Director

Recruitment Manager

Legal Counsel

Compliance Officer

Finance Director

Operations Manager

Managing Director

Talent Acquisition Specialist

HR Business Partner

Contract Manager

Account Manager

Business Development Manager

Company Secretary

Risk Manager

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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