Standard
Agreement Format for Placement Services Between a Company and a Placement
Consultancy
Standard
Agreement for Placement Services
Between
…………………………………Limited
and
PRO Consultants & Placement Network
This Agreement is
being made and entered into at Mumbai this 1st April 2025 between:
M/s
………………………………….Limited , a company
incorporated under the Companies Act, 1956, having its
registered office at xxx/x , …………………..Road / Avenue /Sarani /Path, City
xxxxxxxxxx 000001, hereinafter referred to as the COMPANY (which
expression shall unless repugnant to the context or meaning hereof, be deemed
to mean and include its successors-in-interest and permitted assigns) of the ONE
PART.
AND
PRO Consultants & Placement Network,
a registered consulting firm represented by Mr. SACHIN SEN a proprietorship
company having its registered office at 45/1, N S Road, Mumbai 400001,
hereinafter referred to as the Service Provider (which expression shall
unless repugnant to the context or meaning hereof be deemed to mean and include
its heirs, successors, successors in interest and permitted assigns) of the OTHER
PART.
WHEREAS the
Company is in the manufacturing & trading business of Steel / TMT and other
products .
AND WHEREAS the
Service Provider, is a Manpower Consultant
and Service Provider having expertise and experience in providing suitable
personnel to fulfill the recruitment demands and requirements of various
organizations.
AND WHEREAS, the
Company, in the course of its functions, from time to time requires, such
suitable personnel as it may deem appropriate, for employment with the Company.
AND WHEREAS the
SERVICE PROVIDER has approached the COMPANY for the purpose of being a Service
Provider to the Company with regard to the consultancy and services/ recruitment
of Manpower / Personnel.
AND WHEREAS the
Service Provider has represented that it is both competent as well as equipped
to be appointed as such Service Provider.
AND WHEREAS on the
basis of the representations made by the Service Provider, the Company is
agreeable to appoint the Service Provider as one of their Service Providers in
relation to the Company’s requirement of manpower / personnel on the terms and
conditions hereinafter.
AND WHEREAS both
parties have desired to reduce the terms and conditions of this Agreement into
the writing, as follows:
NOW THIS AGREEMENT
WITNESSETH AND IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
Objectives:
The objective of
this AGREEMENT is that competent, qualified, skilled, efficient manpower / personnel
of such qualities and description as may be required and prescribed by the
Company, are identified, checked and verified for the skills, background
qualification, fit with the Company etc., by the Service Provider. Upon a
complete check, verification, purview and review of the profile of such
suitable candidate/s thereafter, the Service Provider, shall forward such
profiles of the candidate/s to the Company for its further consideration.
Methodology:
a.
The Company shall inform the Service
Provider, on case to case basis, of its need of personnel within the
organization.
b.
The information on the relevant
details of such job/s and job positions and the detail of the required
efficiency, skills background, qualification, and quality of the required candidates
shall be informed by the Company to the Service Provider via a written
format / or any other method, ensuring right understanding of the Service
Provider to conduct and conclude the job assigned called the Job
Description.
The job description shall indicate
a)
Job Title – Name of post / position
to be filled in.
b)
Job Functions
c)
Expected qualifications
d)
Ideal years of experience
e)
Salary range
f)
End date by which the profiles of the
screened candidates must be received by the Company.
g)
End date by which the vacancy is to
be filled in.
Service Provider Response-
On
receipt of the Job Description from the Company, the Service Provider shall
identify, screen and verify the profiles of suitable candidates accordingly
communicate with the candidates and forward the profiles to the Company for
their consideration.
The
Company may upon consideration of the profiles, shortlist some and / or call
for more profiles.
The
Service Provider in consultation with the Company shall schedule interviews of
the short listed candidates as per the schedule dates as per the information
given by the Company.
The
details of selected candidates shall be informed by the Company to Service
Provider.
Service
Provider undertakes to maintain required communication with the candidate till
candidate joins the Company.
Payment Terms:
Service
Provider shall submit its Bill / Invoice in accordance hereto PAYABLE within 60 (Sixty)
days of candidate/s joining the Company. The details of the joined candidate/s
and the billable CTC would be provided by the Company to the Service Provider
as soon as the candidate/s joins the Company. The candidate will be appointed
in the Company provided he/she is medically found fit to join the Company based
on their Pre-joining health check-up reports.
For
every successful placement of the candidate whose profile has been screened and
verified by the Service Provider and whose profile has been forwarded to the
Company by the Service Provider, the Service Provider shall bill as per the
below details:
·
For
positions uto Dy.General Manager 8.33 % of the Annual CTC’
·
For
position General to AVP 12.5 %
of Annual CTC
Position Vice President to President
16.66%
of Annual CTC
·
For
Search / Head Hunting / CEO / Director or at Board Level position terms can be
discussed on case to case basis/ acceptance by incumbent/s to discuss the
position with client.
GST
is not registered as the turnover does not require to be registered
In
case, where GST is collected by Service provider on their Invoice and the
Company is unable to avail GST Input credit due to lapses on the part of
Service Provider in meeting GST statutory compliances i.e. proper filing of GST
return, proper deposition of GST amount with GST authority etc., the Company
shall reserve the right to recover such amount of GST credit from the Service
Provider along with Interest and Penalty.
Unconditional
replacement guarantee:
The
Service Provider shall forward such further profiles and candidates to the
Company, at no extra costs to the Company should a candidate recruited through
the Service Provider leave the Company in the first 6 (Six) months of
employment.
Non Poaching of
the Company Staff:
The
Service Provider shall not approach any of the candidates it has placed in
the Company at any point of time
at a later date for placement in either, a competitor firm or in the same
industry in general. The Service Provider shall also not poach or target any of
the employees of the Company for placements in competitor firm or in the
industry in general.
Non Exclusivity:
The
cooperation / understanding contemplated herein is not exclusive and the Company and Service Provider shall be free
to enter into similar arrangements with any other parties.
Exercising
Authority:
Both
the Company and Service Provider will nominate and inform each other the names
of their representatives to act as the exercising authorities, for operating
the various provisions of this AGREEMENT on behalf of their respective
organizations. All formal communication will be exchanged only through these
nominated representatives only.
Principal to
Principal relationship:
The
relationship between the Company and the Service Provider shall be strictly on
principal-to-principal basis. No Agency, Partnership, Joint venture or other joint
relationship is created by this Agreement. The Service Provider shall not be
entitled to represent the Company in any manner or fashion as the Company’s
Agent and shall have no right or authority to make any commitments on the
Company’s behalf or bind the Company in any respect and for any purpose
whatsoever and to assign any benefits, rights or obligations herein to any
other person.
No Discrimination:
The
Service Providers shall not ever consider or reject any profile or candidate on
the basis of her/his race, religion, caste, creed, sex or otherwise for any
reason, which is unconstitutional.
Validity of this
Agreement:
This
AGREEMENT shall be valid for a period of 2(two) years from the date of
execution and it can be renewed by mutual consent between the parties for
further period of one year thereafter. This agreement shall now be valid from 1st September 2025 to 31st August 2027
Termination:
Either
Party can terminate this AGREEMENT by giving advance notice of one month to the
other, on termination, each Party shall return to the other party all such
documents, equipment and reference material as may have been borrowed for the
purpose of fulfilling the work under this AGREEMENT.
This
AGREEMENT shall stand automatically terminated with immediate effect if either
of the Parties is declared insolvent by a court of law. Any termination as per
this clause shall not affect the antecedent liabilities of the Parties prior to
the termination, including completion of all work that has been agreed prior to
such termination.
Confidentiality:
In
the course of fulfilling the mutual responsibilities under this AGREEMENT,
there will be a sharing of information of confidential nature. The Service
Provider hereby agrees to maintain such information relating to methods, trade,
secrets, products, services, processes, techniques and other proprietary
information in strict confidence and not to divulge these to any third party
without the express consent of the Company. This clause of confidentiality
shall extend to the employees of Service Provider and its Associate /
Subsidiary Companies / Concerns.
Legal Compliance:
The
Parties shall strictly comply with all applicable laws, statutes, ordinances
and regulations, guidelines issued by the appropriate authorities, as may be
notified and / or amended from time to time regarding the performance of the
activities covered in the Agreement.
Notices:
All
notices and communications concerning this AGREEMENT shall be sent to the
respective addresses of the Parties as mentioned in this AGREEMENT, and
addressed to HR Head / Director M/s ………………………..Limited of the Company
and the Proprietor / Designated Partner of the Service Provider.
Assignment:
Neither
Party shall assign any or all their rights and obligations under this AGREEMENT
without the prior written consent of the other.
The
Company shall at any and all times be at liberty to assign the rights and
benefits under this AGREEMENT, interalia, to its subsidiaries, affiliates and
group companies in addition to and in continuation of the rights and benefits
available to the Company under this AGREEMENT.
Amendments:
Any
amendments to this AGREEMENT shall be in writing and must be signed by both the
Parties.
Resolution of
disputes:
All
disputes arising out of or in connection with this AGREEMENT, including any
question regarding its existence, validity or termination, shall, unless
amicably settled between the Parties, be finally settled by arbitration. The
parties shall mutually agree and appoint a sole arbitrator, however, if the
parties cannot mutually agree, then the Company shall appoint a sole
arbitrator. The arbitration proceedings shall be conducted as per the
arbitration and Conciliation Act 1996, and any modification and re-enactments
thereof. The seat of Arbitration shall be Mumbai, India. The Arbitration
proceedings shall be conducted in English.
Subject
to the arbitration in accordance with the first paragraph of this clause, the
Courts at Mumbai shall have jurisdiction.
Integration:
This
AGREEMENT contains the entire understanding between the parties and supersedes
any prior written or oral Agreements between them.
Waiver:
No
failure or delay on the part of either party in the exercise of any right or
privilege hereunder shall operate as a waiver thereof or of the exercise of any
other right or privilege hereunder, nor shall any single or partial exercise of
any such right or privilege preclude other or further exercise thereof of any
other right of privilege.
Severability:
If
any provision of this AGREEMENT is held to be ineffective, unenforceable or
illegal for any reason, such decision shall not affect the validity or
enforceability of any or all the remaining portions thereof.
IN
WITNESS THEREOF THE PARTIES HEREIN HAVE HEREUNTO SET THEIR RESPECTIVE HANDS AND
SEAL, THE DAY, MONTH AND YEAR FIRST HEREIN ABOVE MENTIONED.
Signed for and on
behalf of Signed for and on behalf of
M/s
………………………………Limited PRO
Consultants & Placement
Network
Authorized Signatory Authorized
Signatory
Name: Name:
SACHIN SEN
Designation: Hr
Head/Director Designation:
Proprietor/Partner
Witness:
Witness:
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