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Recruitment Agency Agreement for the Netherlands

Recruitment Agency Agreement Template for Netherlands

A comprehensive agreement governed by Dutch law that establishes the terms and conditions under which a recruitment agency provides professional recruitment services to a client company. The document outlines the scope of services, fee structures, obligations of both parties, and ensures compliance with Dutch recruitment legislation, particularly WAADI (Act on the Allocation of Workers by Intermediaries). It includes provisions for data protection under GDPR, candidate handling procedures, payment terms, and service level expectations, while incorporating specific Dutch legal requirements for recruitment activities.

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What is a Recruitment Agency Agreement?

The Recruitment Agency Agreement is a crucial document used to formalize the relationship between professional recruitment agencies and their client companies in the Netherlands. This agreement is essential when a company seeks to engage external recruitment expertise for their hiring needs, whether for permanent placement, temporary staffing, or executive search services. The document must comply with Dutch legislation, particularly WAADI, GDPR, and relevant employment laws. It typically includes detailed service descriptions, fee structures, warranties, and compliance requirements specific to the Dutch recruitment market. The agreement is designed to protect both parties' interests while ensuring transparent and professional recruitment processes that align with Dutch business practices and legal requirements.

What sections should be included in a Recruitment Agency Agreement?

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', 'Services', 'Placement', 'Fee', etc.

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

5. Agency Obligations: Core responsibilities of the recruitment agency, including compliance with WAADI requirements and professional standards

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

7. Fee Structure: Detailed breakdown of recruitment fees, payment terms, and conditions for fee payment

8. Data Protection: GDPR compliance measures and data handling procedures for candidate and client information

9. Confidentiality: Provisions for protecting confidential information of all parties, including candidates

10. Term and Termination: Duration of the agreement and conditions for termination

11. Liability and Indemnification: Limitations of liability and indemnification obligations of both parties

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

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

1. Exclusivity Provisions: Used when the agency is granted exclusive rights for certain positions or departments

2. International Recruitment: Include when services involve recruiting from outside the Netherlands, addressing WAV compliance

3. Temporary Staffing: When the agency also provides temporary staffing services beyond permanent placement

4. Reference Checking: Detailed provisions for reference checking services if offered as part of the package

5. Replacement Guarantee: Terms for candidate replacement if placed candidate leaves within specified period

6. Volume Discounts: Include when offering special rates for bulk hiring or preferred client status

7. Training and Onboarding: If the agency provides additional services beyond recruitment

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

What schedules should be included in a Recruitment Agency Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, including placement fees, retainer structures, and additional services

2. Schedule 2 - Service Level Agreement: Specific metrics and timeframes for service delivery and performance standards

3. Schedule 3 - Required Candidate Information: Template for minimum candidate information and documentation requirements

4. Schedule 4 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

5. Schedule 5 - Approved Job Positions: List of positions or job categories covered by the agreement

6. Appendix A - Standard Terms and Conditions: General terms and conditions of the recruitment agency

7. Appendix B - Compliance Checklist: Checklist ensuring compliance with WAADI and other relevant legislation

8. Appendix C - Communication Protocol: Agreed communication procedures and contact points for both parties

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

Netherlands

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions






























Clauses









































Relevant Industries

Technology

Financial Services

Healthcare

Manufacturing

Professional Services

Retail

Education

Construction

Energy

Telecommunications

Logistics

Pharmaceutical

Consumer Goods

Media and Entertainment

Non-Profit

Public Sector

Relevant Teams

Human Resources

Legal

Procurement

Finance

Operations

Commercial

Executive Leadership

Talent Acquisition

Administration

Compliance

Relevant Roles

HR Manager

HR Director

Talent Acquisition Manager

Procurement Manager

Legal Counsel

Contract Manager

Chief Human Resources Officer

Recruitment Manager

Operations Director

Business Unit Manager

Managing Director

Chief Executive Officer

Finance Director

Commercial Director

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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