Recruitment Service Agreement
This Agreement is made and entered on November .., 2016, by and between Jehan Recruitment Company, a corporation duly organized and existing under the laws of Saudi Arabia, commercial registration number ( )having its principal place of business at Jeddah/ Makkah, ……………… (Hereinafter referred to as “JRC”) and ( ), a corporation duly organized and existing under the laws of ( ), having its principal place of business at ( ) (hereinafter referred to as the “Contractor”).
Recitals:
Whereas, JRC is in need of suitable employees from time to time;
Whereas, the Contractor is engaged in the services of providing suitable candidate/s for the job profiles given by JRC when specific requirement is made for;
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the parties hereto agree as follows:
1. Definition and Interpretation:
1.1 "JRC" and "Contractor" shall mean the contracting parties named in the Agreement.
1.2 “Services” means the introduction by the Contractor of qualified candidates, in accordance with the terms and conditions set forth in this agreement.
1.3 “Applicant” or “Candidate” means the person introduced by the Contractor for an engagement with JRC or any other person employed by JRC through the Contractor in the Territory.
1.4 “Recruitment Fees” means the amount of money due to Contractor paid in accordance with Article 5 of this Agreement.
1.5 Words importing the singular shall also include the plural and vice-versa where the context requires.
1.6 Headings in the agreement shall be deemed to be part thereof and be taken into consideration in the interpretation or construction thereof.
2. Commencement and Duration:
The Effective Date of the agreement shall be the date entered in the Agreement which is " " and the initial duration of the agreement shall be for the period of ………..Year .The period of the agreement may be extended by a further period of one year at JRC’s option under the same terms and conditions hereunder.
3. Scope of Services:
JRC agrees to engage the Contractor for Screening, Short Listing, Selecting Suitable Candidates and recommending them to JRC in the form of resumes for final interview/selection according to qualifications required and defined in the Staff Requisition Form (APPENDIX A to the Agreement).
4. Recruitment Process:
JRC will provide manpower requirement details in Staff Requisition Form.
The Contractor on receipt of information regarding manpower requirement shall identify candidates, examine bio-dates for correctness of information provided as declared by candidate and forward to Client within …….. days.
JRC shall short-list the candidates and provide inputs by mail or phone the details of date, time and place for interviews to be scheduled. The contractor shall schedule short-listed and inform them for interviews at the interview stage.
The contractor shall submit, on receipt of information about the joining of the selected candidates, the invoice for professional charges with the name of the candidate selected. JRC shall pay the Contractor's fees within 60 days from the candidate date of joining the services.
5. Fees and Terms of Payment:
5.1 This agreement is operates on a strict ‘no placement- no fee’ policy. No fees will be due if the Contractor is unable to place a candidate.
5.2 JRC will pay to the Contractor a lump sum of USD___ for every selected candidate as form of service fee. Such fee shall be inclusive of all costs, fees and taxes related to the scope of service of this agreement to include, but not limiting to, airline ticket, medical check and visa fee and all governmental fees.
5.3 All fees are payable in full by JRC within (60) days of a selected candidate’s starting date.
6. Contractor's Duties and responsibilities:
6.1 The Contractor agrees to put its superlative efforts to find suitable candidates for the named position(s) as per the Staff Requisition Form.
6.2 The Contractor work normally includes, but is not limited to, the following: A. Identification of potential candidates through searching the Contractors’ database, networking calls, head hunting from direct and indirect competitors, direct mailing, advertising and web sites job postings. B. screening through resume reviews of the Candidate and direct telephone and in person primary interviews. C. Referral of screened and interviewed candidates’ resumes to Client via e-mail or fax. D. Organization of candidates’ interviews with Client, by telephone or video or in person. E. Act As an intermediary negotiator for the financial package which is offering to the candidates.
6.3 The Contractor shall ensure that the selected candidate undergo a medical examination which include chest X-Ray (TB), blood pressure, EENT check-up, urinalysis, complete blood count (CBC), hepatitis A B C,HIV/Aids test, stool test and psychological test as well as other medical test specified under Employer’s medical protocol. The cost of medical examination shall be borne by the Contractor.
6.4 The Contractor shall help the selected candidate to obtain the required documentation for travel like security and police clearance, passport, etc.
7. Warranty:
7.1 the selected Candidates who fail to complete the first 90 days from joining date of probation period due to their resignation or termination for disqualification or breaching the Employment agreement or any omission, false statement or misrepresentation in the recruitment process, including, but not limited to, misrepresentation concerning his/her education, employment background, and/or records of conviction, the Contractor agree that will either refund 100% of the fee paid by JRC , or, the contractor shall shall find an alternative qualified candidates by the contractor with no additional recruitment fees within (30)days from the date of the written notice which sent from JRC to the Contractor, provided they are offered the same position and salary .
7.2 The Contractor shall not identify nor approach the selected applicants or staff, recruited through the Contractor by JRC, in any of his offices or branches, for the purpose of outplacement with another firm or company, related or not to JRC, unless given express and written permission by JRC, after the applicant has been discharged from the JRC’ paid care.
8. Employment Agreement/ Offer letter:
8.1 JRC will issue an employment offer letter per required position. The Contractor should ensure that the employment offer letter is accurately and dully filled (candidate name, nationality and passport number) and signed by the selected candidate only once JRC has approved in writing the hiring of the respective candidate. The employment offer letters are considered to be void if they filled and signed without approval of JRC and without any responsibility on JRC.
8.2 A job offer is subject to a number of steps in the employment process including, but not limited to, background and reference checking and extensive medical evaluate tests. Candidates are also required to show proof of citizenship or the appropriate documentation in order to ease visa issuance.
9. Compliance With Law And Regulations:
9.1 Both parties shall comply with all laws, rules and regulations of any authority in Saudi Arabia which are now or may in future become applicable to JRC business. Both parties shall not engage in activities objectionable to such authorities.
9.2 In the event the terms of this agreement shall be affected by future legislation, this Agreement shall be amended or modified accordingly upon mutual consent of both parties.
10. Indemnification:
The Contractor shall indemnify, release and keep JRC fully indemnified from and against all actions, proceedings, claims, demands, charges, penalties, expenses and all other liabilities of whatsoever nature arising from the non-performance or breach of any of this agreement obligations and duties.
11. Confidentiality:
Both Parties shall keep all confidential information secret and confidential and shall not disclose such information to any person except as otherwise expressly by the other party.
12. Waiver:
No waiver by either party of any provision of the agreement shall be binding unless made expressly and expressly confirmed in writing. Further, any such waiver shall relate only to such matter, non-compliance or breach as it expressly relates to and shall not apply to any subsequent or other matter, non-compliance or breach.
13. Termination:
JRC shall be entitled to terminate this Agreement at any time for any reason upon thirty day notice and the Contractor agrees that it shall not be entitled to any claim for damages whatsoever should such earlier termination by the JRC occur.
14. Applicable Law:
The agreement shall be construed, interpreted and take effect in accordance with the laws of Saudi Arabia.
15. Settlement of Disputes:
Both Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this agreement. In the event, both parties could not reach an amicable settlement; the dispute shall be submitted to the competent Courts of Saudi Arabia in Jeddah.
16. Language:
This Agreement is drawn up in Arabic and English. The Arabic version shall prevail and referred to when necessary.
17. This Agreement is made in two original copies, each Party receiving one duly signed copy thereof.
IN WITNESS WHEREOF, the Parties, attest to their authority to enter this agreement and intending to be legally bind, their company’s hereto, have executed this Agreement as of the Effective Date first stated above.
Agreed and Accepted this ___________ day of _____________, 201.
JRC
The contractor
By: By:
Name: Name:
ANNEXURE A
Staff Requisition Form
To be completed by JRC