Recruitment Terms of Business

What Should I Include in a Recruitment Agreement?

Please read on.

Recruitment terms and conditions are very different to other businesses’ terms and conditions. They need to be carefully considered.

Who is this for?

Recruitment terms and conditions can be used by:

• Recruitment agencies
• Recruitment consultants
• Recruiters and HR professionals.

The main points to consider are:

• Exclusivity – term, arrangement, breaches;
• Definitions of introduction, placements;
• What constitutes an introduction;
• Confidentiality provisions relating to candidates;
• Non-disclosure to 3rd parties and consequences;
• Definition of fees and how they are charged for what type of placements;
• Disclaimers in relation to all reasonable checks being carried out by recruiter but no liability;
• Reference checking and disclaimers/liability;
• Authorities, payments, set-offs, expenses and reimbursement;
• Replacement guarantees, how, in what circumstances and when it doesn’t apply;
• Non-solicitation, not an immigration agent;
• Maximum penalty clauses;
• Anti-phoenix or related-party clauses;
• Acceptance, jurisdiction and severability clauses;
• Indemnities for breaches of various terms of the agreement; and
• other clauses protecting the recruiter.

We’ve advised many clients in the past in relation to recruitment terms and conditions that were in Court disputes and have seen first hand how important it is to get all of these terms right.  We know it’s common that if a client can possibly try and wriggle out of paying a recruitment fee (just like an insurance company trying not to pay out a claim for any reason), they will try.

We’ve also drafted enough of these terms and conditions to know what is important for clients and explaining what the terms mean and their effect.

Every recruitment agency is different, and we tailor the terms and conditions to your individual needs.

Should I Use a Free Recruitment Terms and Conditions Template?

In short, no. Very few recruitment terms and conditions templates will actually properly cover you for what you’re doing. Some templates don’t provide much legal protection at all.

An experienced lawyer will ensure that your recruitment business is protected within the rights and obligations available to you at Law. It’s highly recommended to have a lawyer draft the terms to ensure they fit the needs of your business.

Related: Coaching Terms and Conditions, Website Terms and Conditions, Event Terms and Conditions, Competition Terms and Conditions, Photography Terms and Conditions, Terms and Conditions of Business.