The Recruiting Agency Contract serves as the foundational legal document governing the relationship between professional recruitment agencies and their client companies in Belgium. This contract is essential when a company seeks to engage a recruitment agency for talent acquisition services, whether for permanent placement, temporary staffing, or executive search. The document must comply with Belgian regional regulations on employment agencies, the Law of 24 July 1987 on Temporary Work, and EU GDPR requirements. It typically includes detailed service specifications, fee structures, performance metrics, and compliance requirements. The contract is particularly important in the Belgian context due to specific regional licensing requirements for recruitment agencies and strict data protection regulations. It should be used whenever a company plans to establish a formal, ongoing relationship with a recruitment agency for their hiring needs.
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1. Parties: Identification of the recruitment agency and the client company, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the parties' business activities and intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of recruitment services to be provided, including search, screening, and selection processes
5. Service Level Agreements: Specific performance metrics, response times, and quality standards for the recruitment services
6. Fees and Payment Terms: Detailed fee structure, payment schedules, and conditions for success fees or refunds
7. Obligations of the Agency: Specific responsibilities and commitments of the recruitment agency
8. Obligations of the Client: Client's responsibilities including information provision and cooperation requirements
9. Data Protection and GDPR Compliance: Provisions for handling personal data in compliance with GDPR and Belgian data protection laws
10. Confidentiality: Provisions for protecting confidential information of both parties and candidates
11. Non-Solicitation: Restrictions on hiring each other's employees and approaching placed candidates
12. Term and Termination: Duration of the agreement and conditions for termination
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Exclusivity Arrangements: Used when the agency is granted exclusive rights for certain positions or departments
2. International Recruitment: Include when services involve cross-border recruitment and additional compliance requirements
3. Volume Discounts: Include when offering special rates for bulk hiring or preferred client status
4. Guarantee Period: Specific terms for replacement guarantees or refund policies for failed placements
5. Training and Support: Include when the agency provides additional HR support or training services
6. Multi-location Services: Used when services cover multiple client locations or subsidiaries
7. Specialized Industry Requirements: Include for industry-specific compliance or qualification requirements
1. Schedule 1: Fee Structure: Detailed breakdown of all fees, including placement fees, retainer fees, and additional service charges
2. Schedule 2: Service Specifications: Detailed description of recruitment processes, methodologies, and deliverables
3. Schedule 3: Key Performance Indicators: Specific metrics for measuring service quality and performance
4. Schedule 4: Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
5. Schedule 5: Approved Job Categories: List of job categories or positions covered by the agreement
6. Appendix A: Standard Terms and Conditions: General terms and conditions applicable to all services
7. Appendix B: Required Forms and Templates: Standard forms for job orders, candidate submissions, and feedback
8. Appendix C: Compliance Certificates: Copies of relevant licenses and certifications required under Belgian law
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