If you are hiring a recruitment agency to supply you with suitable candidates for different profiles in your company then you need to have an agreement in writing which includes all the terms and conditions between the employer and the recruitment agency to have complete clarity. So if you are planning to hire a professional recruitment agency, make sure you sign the agreement.
To help you with it, given below is a sample format of the agreement between employer and recruitment agency which you can use for creating your own.
Sample Format for Agreement Between Employer and Recruitment Agency
This Agreement of service is made between Zenith Technologies Pvt. Ltd. (hereafter referred to as “the Company”) of the one part, and KV Recruitment Consultants (hereinafter referred to as “the Agency”) of the other part.
Both parties have agreed on the terms and conditions mentioned below:
Effective Date: This Agreement will be effective from 26th March, 2017 and will be valid for duration of one year from the date of effectiveness.
Termination: Either of the parties can terminate the Agreement for any reason, at any point in time upon one month’s written notice to the other party.
Confidentiality: Both the parties shall maintain complete confidentiality of the information shared with each other.
Scope of Services: Depending upon the requirements of candidates for different job profiles in the Company, the Agency will select suitable candidates. The identification of candidates will be done either by one or more than one means like in house database search or classified advertisement. Interviews of the screened candidates will be scheduled with the Company, once the Company has reviewed the shortlisted candidates, the resumes of whom will be sent after an in house assessment of skills, experience and qualifications required for a particular profile.
For delivery of services mentioned above, the Company will require to:
- Give one day induction to Agency team members to give them understanding of job requirement and process of interview.
- Provide the Agency with parameters for recruitment for each and every profile.
- Appoint an Executive for daily updates and coordination as designated authority for the process.
- Decide on one day of the week for feedback and discussion on forwarded candidates by the Agency.
- Share with the Agency staffing requirements in a quarterly rolling plan. Also provide in the start of every month job specification for staffing requirements.
- Communicate the Agency in case of candidate duplication within two working days.
Fee: If a candidate recommended by the Agency gets selected then the Company will make payments for the services rendered by the Agency as per the following terms:
- 8% CTC for Junior Level.
- 10% CTC for Middle Level.
- 12% of CTC for Senior level.
After selection of the candidates, Company shall share with the Agency a breakup of compensation offered to the selected candidates for raising the invoice.
In case some candidates are not selected, their CVs shall be returned to the Agency.
Payments are to be made after deduction of the taxes, within duration of 30 days of the date of invoice once the candidate has joined the company, by cheque in favor of “KV Recruitment Consultants”.
Any other work related communications like requests other than mentioned in agreement must be submitted in writing.
The Company will not solicit or hire personnel of the Agency during the agreement period without mutual consent. Unable to fulfill the condition, Company will have to make the payment of six months cost of the person to the Agency.
In case, the employee recruited via Agency leaves the job within period of three months of joining then the onus of recruiting a new candidate for the same position falls on Agency along with the incurred costs.
For Zenith Technologies Pvt. Ltd. For KV Recruitment Consultants
Authorized Signatory Authorized Signatory
Date: ____________ Date: ____________
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Whenever a company selects an intern for the internship program then it is important that both the parties sign an internship agreement which is nothing but a legal contract which has all the details on rules and regulations. This includes the duration of internship, the stipend (if any), the starting date and the date on which it ends. This is important for security of interests of both the parties.
Here is a sample internship agreement given below which you can use for your personal reference and create a one with all the points.
This internship agreement is between ……………………………… (“Intern”), a student of ……………………………. (Name of the College or Institution) and …………………………………… (“Company”). The purpose of this internship is for the Intern to learn about the functionalities of business at the Company and gain experience and insight about the working.
The term of the internship starts on ………………….and ends on …………………………….
The stipend for the internship will be $ …………….(Amount in Words) per month.
Conditions of the Agreement:
- The internship may be terminated by either party at any time.
- The internship is for educational purpose only and it doesn’t promise or guarantee permanent employment with the company.
- The Intern does not replace or displace any employee of the Company.
- The learning during the training is for express benefit of the Intern.
- The Intern will be supervised and guided for better learning.
- Company does not stand liable for any injury or health condition that may arise during the course of internship.
I,__________________ (Name of the “Intern”), acknowledge that I have been given a golden chance to experience the professional world. I have understood the scope of work that will be covered in the internship and I am confident that I can meet and shoulder the responsibilities that have been described in a professional manner within the time limits. I also acknowledge that the purpose of this internship is for academic and education. My performance will be evaluated on the criteria mentioned below:
- My ability to deliver professional performance. For instance, ability to report on time, ability to achieve the targets within the deadlines, ability to be a proactive learner, ability to interact with supervisor and coworkers to learn better;
- My ability to learn different things during the course of internship, as indicated by my caliber to fulfill the scope of my work, to develop new skills etc.;
- Evaluation done by my supervisor;
- A formal written report that has to be completed within two weeks after finishing the internship, describing my learning experience in the internship.
I accept the internship, which has been awarded to me by the ……………………… (Name of the “Company”) and I understand the following points mentioned below:
- I will be responsible for travelling to and fro from the place of work where internship will take place.
- I will be observing all the rules and regulations, directives and procedures of the Company;
- To maintain confidentiality of all unpublished information made known to me by the department of the office during my internship. Not to publish any reports or papers using the information that was obtained during this period, both during the internship and also after completing it.
- Not to engage in any activity that would adversely affect the Company or the receiving department and not to refrain from any activity that is not in accordance with the objectives of the Company.
- To submit a written application in case of illness or any other kind of emergency which prevent me from completing my internship.
- To complete the evaluation questionnaire at the completion of internship and to submit it to my supervisor who has been mentoring my internship.
- To agree that the information that is attached in Student Information Format is complete and true to the best of my knowledge.
I,_______ (Name of the Mentor), agree to mentor as an intern at ……………… (Name of the “Company”). I acknowledge that the course of internship is going to be an academic experience as well as a professional experience for the intern. I also agree to provide all the learning assistance and supervision to the Intern throughout the internship. I certify that during the internship, Intern will gain experience with the skills outlined in the attached work plan. I also agree to consult with both the Intern and the internship coordinator before making any major changes to the work plan.
Academic Advisor Agreement
I, __________ (Name of the Academic Advisor), the academic advisor for the intern, have thoroughly analyzed and studied the attached scope of work and agree that it will be a wonderful academic learning experience for the student. Based upon my interactions with the student and their previous academic performance, I am quite sure that he/she will be able to meet all the targets outlined for the internship n the scope of work in a successful manner.
Academic Advisor’s Signature
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Attach a draft of the agreement.
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Please find attach herewith Agreement for Job Contract.
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DRAFT MODEL CONSULTANCY AGREEMENT
THIS AGREEMENT is made between (name and address of “the Consultant”) and the Imperial College of Science, Technology and Medicine of London SW7 2AZ (“The College”).
WHEREBY IT IS AGREED as follows:
The Consultant undertakes to supply the Services as follows:
(insert brief details of the project to be undertaken – continue on another sheet or cross-refer to supporting papers if necessary)
Enquiries about this Agreement should be addressed to (insert the name of the College officer responsible for technical oversight – normally the principal investigator or head of group)
Performance of the Services and Quality Control
The Consultant will be solely responsible for determining all matters of detail as to the manner in which the Services are performed, and for ensuring that all work done hereunder is of an objectively acceptable quality.
The Services shall be supplied not later than (insert final deadline – or intermediate staging posts if appropriate)
Fees and Payment
The fee for the work shall be £_______, which shall be inclusive of Value Added Tax (if applicable).
In addition to the fee, the Consultant will be entitled to re-imbursement of reasonable travelling and out-of-pocket expenses directly attributable to the performance of the work [such expenses not to exceed £ ].
At the conclusion of the work (or at such intermediate stages as may be specified in the contract details) the Consultant will render an invoice for the fee (and associated expenses if applicable). This should be sent to the College Contact indicated above.
The invoice must state the Consultant’s national insurance number and be issued from his home or from the business address from which he normally submits tax returns. Amounts payable under this Agreement are regarded by the College as the freelance earnings of a self-employed person, taxable under schedule D in the Consultant’s hands. Accordingly, the College will not deduct income tax from the payments, provided the terms of this Agreement are fully complied with. The College, in common with most major organisations, is required to report such gross fee payments annually to the Inland Revenue. It is the responsibility of the Consultant to ensure that payments made hereunder are declared to the tax authorities on his personal tax return.
If the work has been performed satisfactorily in accordance with the terms hereof the College undertakes to pay the Consultant’s invoice within 30 days of its receipt.
Provision of Offices, Equipment and Materials
The Consultant will undertake the Services substantially at his own premises and using his own equipment and materials, the costs of which shall be deemed to have been included within the fee indicated herein. Any space, equipment or materials provided by the College will be minor in scale and nature relative to this Agreement, and the College will be entitled to be re-imbursed its reasonable costs of providing them.
Delegation and assignment
The Consultant shall be free to undertake the work entirely himself, or to delegate any or all of it to others, provided that he shall at all times be responsible for ensuring that the work is performed to the standard required. Where any part of the work is delegated, the Consultant shall be solely responsible for meeting any fees, remuneration or expenses due to the delegatee out of his fee for the work (as specified below), and the College shall not be responsible for making any such payments itself. The Consultant shall not be permitted to delegate any part of the work to anyone who is an employee of the College. The Consultant shall not be permitted to assign the entire benefit of and obligations under this Agreement without the College’s prior written consent.
Relationship of the parties
Nothing in this Agreement shall be deemed to constitute a relationship of master and servant. The Consultant shall not be entitled to any rights or protections afforded by employment law. Nor shall this Agreement be deemed to establish a business partnership between the parties.
Intellectual property rights
All rights in work undertaken in the course of this Agreement shall become the sole property of the College, which shall be free to use them as it sees fit or is required. Further, nothing in this Agreement shall affect the ownership of pre-existing intellectual property rights or of those originating outside this Agreement which one party agrees to make available to the other in the course hereof.
The Consultant shall be responsible for arranging (and meeting the cost of) such insurance as he thinks fit in connection with this Agreement. The College’s insurance policies do not apply to any work carried out under this Agreement, except to the limited extent that they would in any event protect members of the general public when visiting College premises.
In the event of the College making available to the Consultant confidential information relating to its business, scientific or other activities in the course of this Agreement, the Consultant shall maintain the confidentiality of such information, and shall not disclose it to third parties or members of the College’s staff outside the research team(s) working on the Contracts. If any permission is given for the disclosure of any confidential information disclosed hereunder to a third party or parties, the Consultant shall ensure that the third party or parties are bound by obligations to maintain the confidentiality of such information which are the same as, or equivalent to, those set out herein.
The obligations in the above Clause shall not apply to data or information which the Consultant can clearly demonstrate:‑
- was known to him prior to disclosure by The College; or
- was or becomes part of the public domain through no fault of the Consultant; or
- becomes available to him by an unconnected third party with the lawful right to make such disclosure; or
- has been independently developed or conceived by him; or
- he is required to disclose by law.
Disputes and arbitration
If the College believes that the Services are deficient, the College Contact shall formally notify the Consultant in writing, inviting him at the earliest possible opportunity to discuss the matter and giving him clear indications as to how the Services have not been satisfactory. After such discussions, the Consultant shall remedy any agreed faults within an agreed, reasonable timescale, not generally to exceed three working weeks. Once the College has formally notified the Consultant of any such deficiencies, it shall be entitled to withhold payment of any invoices which the Consultant has submitted (or may submit) for the Services, or part‑pay any such invoices as it sees fit.
If the Consultant is unable or unwilling to remedy the above faults, the College may terminate this Agreement forthwith; if the Consultant feels that his services are not at fault or that the College is unfair in its judgment of the quality of his services, and the parties are unable to agree the matter amicably between them, the matter may be resolved by reference to an independent umpire who is acceptable to both parties, and whose decision both parties agree shall be final; such an umpire may also determine what amounts the Consultant may be paid for his services to date, if appropriate.
If, after discussion concerning any difference, dispute or question arising from this Agreement, the parties are unable to reach agreement, the matter shall be settled by reference to an independent umpire to be nominated by the President of the Law Society of England and Wales. The provisions of the Arbitration Acts of 1950, 1979 and 1996, and any statutory modification or re‑enactment thereof shall apply to such arbitration.
Entire agreement and amendments
This Agreement constitutes the entire agreement between the parties, and any representation made by either party prior to the signing hereof shall be disregarded . Any amendments to this Agreement shall be agreed in writing by the Consultant and the College.
Applicable Law and Jurisdiction
This Agreement is made and shall be interpreted in accordance with English Law and subject to the jurisdiction of the English courts sitting in England.
Consultant On behalf of the College
AGREEMENT UNDER THE SERVICE CONTRACT
Agreement of Service Contract made on this the day of 30th March, 2007, BY AND BETWEEN
M/s. XXXXXXXXXXXXXXXXXXXXXXX a company Registered under The Companies Act 1956 having its Registered Office at XXXXX, XXXXXXXXXXXXX, Hyderabad – 500082 represented by its Authorised Signatory Mr. xxxxxxxxxxxxxxxxxx ,
The xxxxxxxxxxxxxxxxxxx of the Company hereinafter referred to as First part for brevity which term shall unless repugnant to the context mean and include its Successors-in-interest, sister companies, subsidiaries and assignees AND
Mr. XXXXXXXXX S/o Mr. XXXXXXXX, aged about 26 Years, currently residing at xxxxx, XXXXXXX, Hyderabad, 500049… hereinafter referred to as Second Part.
- The Second part approached the first Part for a suitable employment in first Part Company XXXXXX Technologies Private Limited.
- The First Part after scrutiny of education qualification certificates of the Second Part has interviewed the Second Part for suitable position and agreed to appoint the Second Part as employee of XXXXXX Technologies Private Limited.
- The First Part specifically mentioned to the Second Part that the Second Part has to serve XXXXXXX Technologies Private Limited for a term of Twelve (12) months and enter into an “Agreement under the Service Contract”.
- The Second Part has agreed and accepted the offer made by the First Part on such terms and conditions as mentioned herein.
NOW IT IS HEREBY MUTUALLY AGREED TO BY AND BETWEEN THE PARTIES AS UNDER: –
- The Second Part has agreed to serve XXXXXXX Technologies Private Limited for a term of Twelve (12) months on such terms and conditions as mentioned herein.
- The period of Twelve (12) months for this agreement starts from the date the Second Part joins the Office.
- The Second part if resigns from the services of the First Part earlier than the period as agreed and as stated at clause I for any reason attributable to the second part, then Second part hereby agree to give 60 (Sixty) days notice to the first part and second part further agree to abide with clause No IX as stated hereunder.
- During the period of the contract, the Second Part shall faithfully, diligently and to the best of the ability discharge the responsibilities. The Second Part shall confirm to carry out and obey all orders, directions and instructions of the first part and/or Authorities during the term of his employment and shall use his endeavor to promote the interest of Halcyon Technologies.
- The Second Part shall devote his time and attention in receiving the necessary instructions or other purposes for which he has been engaged and shall not absent himself from duty at any time without prior written sanction of the First Part.
- The Second Part shall carry out all the duties and responsibilities of his position and shall perform all such work as may be entrusted to him or as he may be called upon or required to do such capacity, with due-diligence, punctuality and to the best of his ability and skill, and shall conduct himself honestly, faithfully and diligently at all times throughout the period of the term of his employment and shall not be guilty of any negligence, misconduct or misbehavior or commit any breach of this Agreement.
- During the employment period and thereafter, the Second part will not give out to anyone in writing or by word of mouth or otherwise particulars or details of work process, technical know-how, research carried out, security arrangements and/or matters of confidential or secret nature which Second Part may come across during his service period with Halcyon Technologies.
- The Second Part shall subject to be governed by the service rules, standing Orders and regulations of first Part in force from time to time, so far as they are not at variance with the terms herein contained and thereafter.
- In case the Second Part at any time makes a breach of all or any of the Provisions of this Agreement or fails to carry out all or any of his obligations hereunder, this Agreement shall automatically stand Terminated and the second part shall forthwith return to the First Part an amount equivalent to 6 (Six) months worth of monthly salary as stated in the offer letter. In case the Second Part fails to pay back the amount, the First Part shall be entitled to recover the same from any of the monetary claims that the Second Part may have or by having recourse to legal proceedings against Second Part at Second Part’s risk, cost and/or from Second part’s heirs, executors administrators, sureties etc.,
IN WITNESS WHEREOF the First Part and the Second Part acting in person have signed and executed this Agreement in their respective names and on their behalf and delivered to the First Part on the Day, month and year first above written.
SIGNED AND DELIVERED BY
First Part Second Part
For M/s. XXXXXX Technologies Pvt. Ltd.
Name and Address: Name and Address:
Employment Reimbursement Agreement
The undersigned officer or employee of _ [Company], agrees to repay to the Company all compensation payments or reimbursements that are disallowed, in whole or in part, as a deductible expense by the Internal Revenue Service. The reimbursement shall be made to the full extent of the disallowance upon an adverse decision of the last tribunal or agency to consider the issue, provided the Company shall not be obligated to seek further appeal if available.
Signed under seal this _ day of _, 19_.
EMPLOYEE NON-COMPETE AGREEMENT
FOR GOOD CONSIDERATION, and in consideration of my being employed by _ [Company], I, the undersigned, hereby agree that upon my termination of employment and notwithstanding the cause of termination, I shall not compete with the business of the Company, or its successors or assigns.
The term “not compete” as used in this agreement means that I shall not directly or indirectly own, be employed by or work on behalf of any firm engaged in a business substantially similar and competitive with the Company.
This non-compete agreement shall remain in full force and effect for _ years commencing with the date of employment termination.
Signed under seal this_ day of _, 19_