9.5 The absence or delay of one of the parties in applying a clause of that agreement or acting in the event of a breach of a clause does not constitute a waiver of its rights, with the express exception of those rights in point 6.3. PandaTip: this is the most important clause of this agreement on the recruitment strategy, and it is the most likely to be challenged, so it is important to design it very clearly. Is the headhunter paid a fixed fee or a percentage? Or maybe he has elements of both? Are the costs of the recruiter (or part of the recruiter) contingent on the candidate remaining in the role for a period of time? Should the payment be paid to the headhunter, even if no candidate is found? We take examples: $10,000 ($10,000) to Sign On; 15% of the candidate`s annual salary for Sign On; The sum of $5,000 ($5,000) to be paid at the signing of this agreement and 20% of the annual salary of the candidate for Sign On; $10,000 ($10,000) to Sign On and 20% of the candidate`s salary once they have spent six months working with the company. PandaTip: in this agreement on recruitment strategy: “the company” refers to the person who will hire the employee and the “staff officer” the person who finds the employee (i.e. the placement agent/headhunter). WHEREAS: The company wishes to entrust the recruitment agent with recruitment services under the conditions provided for in this agreement, and the recruiter wishes to be hired by the company to provide these recruitments and the human resources department (HR) under these conditions. 1.8 “Other Agent” means anyone who represents or claims to represent the candidate with or without instruction from the candidate, and whether or not he or she does so for financial gain and whether or not he or she works in the field of recruitment or personnel service (HR). What is an agreement on the recruitment strategy? A recruitment strategy agreement is a contract between two parties, an employer and a recruitment company, which specifically describes the agreement between them, such as responsibilities. B of each party, fees and other relevant information. 1.7 “Dismissal,” “dismissal,” “rescinding” means termination of the candidate only in the following circumstances: resignation by the candidate, dismissal for breach of misconduct, dismissal for gross misconduct, failure of the candidate to hire a job or advice regardless of the performance of an employment or employment contract. PandaTip:If you want this recruitment strategy contract to last less than 180 days or continue indefinitely, you can modify or remove this sub-clause. PandaTip: This model of agreement aims to recruit a placement agent/headhunter (i.e. a recruiter who finds staff and receives commissions for the job).
If you want to hire an employee or advisor directly, you should instead use an employment contract, a fixed-term contract or a consulting contract. The recruiter will do his best to find a suitable candidate and present him to the company. The recruiter will use his skills, his experience in recruitment and human resources (HR) as well as his knowledge of the sector to locate, verify, interview and test candidates.