The Employment Agency Agreement is essential for businesses in New Zealand seeking to formalize their relationship with recruitment service providers. This document is used when a company wishes to engage an employment agency to assist with their hiring needs, whether for permanent placement, temporary staffing, or specialized recruitment services. The agreement ensures compliance with New Zealand's legal framework, including the Employment Relations Act 2000, Privacy Act 2020, and Human Rights Act 1993. It covers crucial aspects such as service scope, fee structures, candidate guarantees, confidentiality obligations, and data protection requirements. The document is designed to protect both parties' interests while establishing clear parameters for the recruitment relationship and service delivery standards.
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1. Parties: Identifies the employment agency and the client company, including full legal names and registered addresses
2. Background: Outlines the context of the agreement, including the agency's business nature and client's recruitment needs
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Scope of Services: Details the specific recruitment and placement services the agency will provide
5. Agency Obligations: Lists the agency's responsibilities, including screening processes, candidate sourcing, and compliance requirements
6. Client Obligations: Specifies the client's responsibilities, including information provision and cooperation requirements
7. Fees and Payment Terms: Details the fee structure, payment schedules, and any additional charges
8. Confidentiality: Addresses the handling of confidential information and trade secrets
9. Data Protection and Privacy: Outlines compliance with Privacy Act 2020 and data handling procedures
10. Warranties and Representations: States the guarantees and assurances provided by both parties
11. Liability and Indemnification: Sets out liability limitations and indemnification obligations
12. Term and Termination: Specifies agreement duration, renewal terms, and termination conditions
13. General Provisions: Includes standard legal clauses such as governing law, notices, and entire agreement
1. International Recruitment: Include when the agency provides overseas recruitment services, addressing Immigration Act compliance
2. Temporary Staffing Services: Add when the agency provides temporary staff placement services
3. Volume Hiring Provisions: Include for clients requiring bulk recruitment services
4. Exclusive Arrangement: Add when the agency has exclusive rights for specific positions or departments
5. Guarantee Period: Include when offering replacement guarantees for placed candidates
6. Online Portal Services: Add when providing access to proprietary recruitment platforms
7. Training and Support: Include when offering additional HR support services
1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, charges, and payment terms
2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards
3. Schedule 3 - Recruitment Process: Detailed steps of the recruitment and selection process
4. Schedule 4 - Required Personnel Specifications: Template for client job specifications and requirements
5. Appendix A - Client Policies: Client's relevant HR policies affecting recruitment
6. Appendix B - Compliance Checklist: Checklist ensuring compliance with relevant employment laws
7. Appendix C - Standard Forms: Templates for candidate submissions and feedback forms
Relevant legal definitions
Clauses
Relevant Industries
Professional Services
Technology
Manufacturing
Healthcare
Financial Services
Retail
Construction
Education
Hospitality
Mining
Agriculture
Transportation
Telecommunications
Energy
Real Estate
Relevant Teams
Human Resources
Legal
Procurement
Operations
Finance
Compliance
Talent Acquisition
Executive Leadership
Administration
Relevant Roles
HR Director
HR Manager
Recruitment Manager
Talent Acquisition Manager
Legal Counsel
Procurement Manager
Operations Director
Chief Human Resources Officer
Business Unit Manager
Hiring Manager
Contracts Manager
Compliance Officer
Chief Financial Officer
Human Resources Business Partner
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