What is important to write in a Head Hunting agreement? Do you need a bilingual English and Chinese head hunting agreement? Download our legal template: Head Hunting Agreement, which is bilingual in Chinese and English.
A headhunting agreement, also known as a recruitment or executive search agreement, is a legally binding contract between a headhunter (recruitment agency or individual recruiter) and a client company (the hiring organization) that outlines the terms and conditions of their engagement in the search and placement of candidates for specific job positions. Here are some important elements to include in a headhunting agreement:
- Parties Involved: Clearly identify and provide contact details for both parties involved: the headhunter/recruiter and the client company. Include legal names, addresses, and other relevant contact information.
- Scope of Services: Define the scope of the headhunting services to be provided, including details about the specific job position(s) to be filled and any additional services such as candidate assessments, reference checks, or background screenings. It will describe
- the obligations of the head hunter;
- the obligations of the company that is recruiting for a new position;
- payment of service fee;
- confidentiality.
- Candidate Requirements: Clearly outline the qualifications, skills, experience, and characteristics desired in candidates for the position. Include information about the job description, responsibilities, and expectations.
- Compensation and Fees: Specify the fees, payment terms, and the structure of compensation for the headhunting services. Common fee structures include contingency-based fees (paid upon successful placement) or retained fees (paid in installments throughout the search process).
- Exclusivity: If applicable, clarify whether the client company is granting exclusivity to the headhunter for a certain period. Exclusivity means that the client agrees not to use other recruitment services or conduct a similar search independently during the exclusivity period.
- Timeline: Include estimated timelines for the recruitment process, including when the headhunter expects to present suitable candidates to the client.
- Guarantee and Replacement: Detail any guarantee or replacement policies in case the candidate placed by the headhunter leaves the position within a specified timeframe. This ensures that the client receives a replacement or refund if necessary.
- Confidentiality: Address confidentiality and data protection issues. Ensure that the headhunter agrees to keep all client information, including candidate details, confidential.
- Termination: Describe the conditions and procedures for terminating the agreement by either party. This may include notice periods, reasons for termination, and any associated fees or penalties.
- Legal Compliance: Include clauses stating that both parties will comply with all applicable laws and regulations related to recruitment and employment, such as anti-discrimination laws and privacy regulations.
- Dispute Resolution: Specify how disputes between the headhunter and the client will be resolved, whether through mediation, arbitration, or legal action.
- Governing Law: Indicate the jurisdiction and governing law under which the agreement will be interpreted and enforced.
- Signatures: Include spaces for signatures and dates from authorized representatives of both the headhunter and the client company to make the agreement legally binding.
- Amendments: State that any changes or amendments to the agreement must be made in writing and signed by both parties.
It's important to have a qualified legal professional review and potentially draft the headhunting agreement to ensure that it complies with local laws and protects the interests of both parties. Clarity and transparency in the agreement are essential to a successful headhunting engagement. This HR head hunting contract covers the most important subjects when you want to sign an agreement with a Head Hunting company, and will help you to structure and communicate in a professional way. Our trustworthy legal templates are all crafted and screened by legal professionals.
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