The Placement Agreement is a crucial document used when a company in Belgium engages a recruitment agency to provide candidate placement services. It is designed to comply with Belgian federal and regional employment laws, including the Law on Temporary Work and Placement Services of 1987 and relevant collective labor agreements. This agreement type is essential for establishing clear terms between placement agencies and their clients, covering aspects such as service scope, fee structures, candidate presentation processes, and replacement guarantees. The document addresses specific Belgian market requirements, including data protection under GDPR, social security implications, and anti-discrimination provisions. Companies typically use this agreement when establishing ongoing recruitment relationships or for specific hiring campaigns, ensuring all parties understand their obligations and rights under Belgian law.
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1. Parties: Identification of the contracting parties: the placement agency, the client company, and reference to candidates
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of placement services to be provided by the agency
5. Agency Obligations: Specific responsibilities and commitments of the placement agency
6. Client Obligations: Specific responsibilities and commitments of the client company
7. Placement Process: Step-by-step process for candidate selection, presentation, and placement
8. Fees and Payment Terms: Detailed fee structure, payment schedule, and invoicing procedures
9. Data Protection and Privacy: GDPR compliance and data handling procedures
10. Confidentiality: Confidentiality obligations of all parties
11. Non-Solicitation: Restrictions on hiring agency staff or direct hiring of candidates
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Term and Termination: Duration of agreement and termination provisions
14. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Replacement Guarantee: Terms for replacing candidates who leave within a specified period - include when offering replacement guarantees
2. International Placements: Additional provisions for cross-border placements - include when dealing with international recruitment
3. Volume Discounts: Special pricing for bulk placements - include for larger clients with multiple positions
4. Specific Industry Requirements: Industry-specific compliance requirements - include for regulated industries
5. Training and Onboarding: Provisions for pre-placement training - include when offering training services
6. Performance Metrics: KPIs and service level agreements - include for larger, more structured arrangements
7. Exclusivity Provisions: Terms for exclusive recruitment rights - include when agreed with client
1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, charges, and payment terms
2. Schedule 2 - Service Specifications: Detailed description of recruitment and placement services
3. Schedule 3 - Required Candidate Qualifications: Standard qualification requirements for different position types
4. Schedule 4 - Placement Process Workflow: Detailed step-by-step placement procedures
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Appendix A - Standard Terms and Conditions: General terms and conditions of the placement agency
7. Appendix B - Compliance Checklist: Regulatory compliance requirements and checkpoints
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