The Staffing Agency Contract With Client is a crucial document used when a company needs to engage a temporary employment service provider in South Africa. This agreement is designed to comply with South African labor legislation, particularly the Labour Relations Act and related employment laws, while protecting both the staffing agency's and client's interests. It's typically used when businesses require flexible workforce solutions, whether for project-based work, seasonal demands, or temporary staff augmentation. The contract covers essential elements including service scope, fee structures, compliance requirements, worker protection measures, and risk allocation between parties. It includes specific provisions required by South African law regarding joint liability, workplace safety, and data protection under POPIA, making it suitable for both short-term and ongoing staffing arrangements.
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1. Parties: Identification of the staffing agency and the client company, including registration details and physical addresses
2. Background: Context of the agreement, including the agency's status as a temporary employment service provider and the client's need for staffing services
3. Definitions: Key terms used throughout the agreement, including 'Assigned Employees', 'Services', 'Assignment', 'Fees', etc.
4. Appointment and Scope: Formal appointment of the agency and detailed scope of staffing services to be provided
5. Duration: Term of the agreement, including commencement date and termination provisions
6. Agency Obligations: Detailed responsibilities of the staffing agency, including recruitment, vetting, and employee management
7. Client Obligations: Client's responsibilities regarding assigned employees, workplace conditions, and cooperation with the agency
8. Employee Assignment Process: Procedures for requesting, selecting, and assigning employees
9. Fees and Payment Terms: Detailed fee structure, payment terms, and invoicing procedures
10. Workplace Safety and Compliance: Allocation of health and safety responsibilities and compliance with relevant legislation
11. Data Protection: POPIA compliance requirements and data handling procedures
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Confidentiality: Protection of confidential information for all parties
14. Dispute Resolution: Procedures for handling disputes between parties
15. General Provisions: Standard contractual clauses including notices, amendments, and governing law
1. Non-Solicitation: Prevents direct hiring of agency employees by the client, used when the agency wants to protect its workforce
2. Performance Metrics: Specific KPIs and service levels, used for larger contracts or when specific performance standards are required
3. Insurance Requirements: Detailed insurance obligations, used when specific coverage types and amounts need to be stipulated
4. Training and Development: Provisions for employee training and skills development, used when specific qualifications or skills are required
5. Transition Services: Procedures for handover at contract termination, used in larger or complex staffing arrangements
6. International Assignments: Special provisions for international placements, used when cross-border assignments are contemplated
1. Schedule 1: Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
2. Schedule 2: Service Specifications: Detailed description of staffing services, including specific roles and requirements
3. Schedule 3: Required Documentation: List of required documents for assigned employees and compliance requirements
4. Schedule 4: Assignment Template: Standard template for individual employee assignments
5. Schedule 5: Key Personnel: List of key agency and client personnel responsible for contract management
6. Appendix A: Code of Conduct: Standards of behavior expected from assigned employees
7. Appendix B: Health and Safety Guidelines: Specific workplace safety requirements and procedures
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