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The Recruiting Agency Contract is essential for organizations seeking to formalize their relationship with professional recruitment service providers in Malaysia. This document is used when a company needs to engage a recruitment agency for talent acquisition services, whether for permanent, temporary, or contract positions. It ensures compliance with Malaysian employment laws, including the Private Employment Agencies Act 1981, Employment Act 1955, and Personal Data Protection Act 2010. The contract covers crucial aspects such as service scope, fee structures, candidate guarantees, and compliance requirements, while protecting both parties' interests through clear terms and conditions. It's particularly important in the Malaysian context where specific regulations govern recruitment agency operations and employment relationships.

1. Parties: Identification of the recruitment agency and the client company, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including the client's recruitment needs and the agency's services offering

3. Definitions: Key terms used throughout the agreement, including 'Candidates', 'Placement', 'Fees', 'Services', etc.

4. Scope of Services: Detailed description of recruitment services to be provided, including search, screening, and placement services

5. Agency Obligations: Responsibilities of the recruitment agency, including compliance with laws, due diligence in candidate screening, and service standards

6. Client Obligations: Client's responsibilities, including providing accurate job descriptions, timely feedback, and cooperation

7. Fees and Payment Terms: Fee structure, payment schedule, and conditions for fee payment or refund

8. Placement Guarantee: Terms of replacement or refund if placed candidates leave within specified period

9. Confidentiality: Protection of confidential information exchanged during the recruitment process

10. Data Protection: Compliance with PDPA 2010 and handling of candidate personal data

11. Non-Solicitation: Restrictions on hiring agency staff or direct hiring of candidates

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

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

14. General Provisions: Standard clauses including notices, governing law, and dispute resolution