Terms of Business For the Introduction and Supply of Permanent Staff

Transcription

1 Terms of Business For the Introduction and Supply of Permanent Staff CONTRACT These Terms constitute the contract between A1 Recruitment & Temporary Employment SRL and the Client for the introduction and supply of permanent or contract staff retained by the Client and are deemed to be accepted by the Client by virtue of an Introduction or Engagement of a Candidate, or the passing by the Client of any information about the Candidate to any third party following an Introduction. These terms contain the formal agreement between the parties and unless otherwise agreed in writing, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client. DEFINITIONS Candidate Client Engagement as an authorized staffing agency by the Romanian Ministry of Labor and by the National Employment The person introduced by the to the Client for an Engagement including any applicant (individual or employee / representative of the applicant (if the applicant is a limited company) and members of s own staff Person, firm or corporate body together with any subsidiary or associated business to which the Candidate is introduced. Employment or use of the Candidate by the Client or by any other third party related to the Client, on a permanent or temporary basis whether on a labor 1

2 contract or a service contract under franchise, license, agency, partnership agreement or any other engagement or through a limited company of which the Candidate is an employee or other representative. Assignment Details Form Acceptance Form Introduction Engagement Introduction fee Remuneration Written requisition issued by the Client which comprises the agreed details of the services to be provided by the Written confirmation issued by the Client to the after the Introduction of the Candidate and indicating the Candidate(s) deemed to be engaged. Passing to the Client of the resume, professional profile or any information that identifies the Candidate; or the Client s interview of a Candidate as part of the agreement between Client and for the purpose of engagement Use of the Temp Worker by the Client on a temporary or permanent basis under an employment or service contract with the Temp Fee calculated based on Candidate remuneration which is payable by the Client to the when the Candidate accepts an offer and commences the Engagement following an Introduction by the. Generally refers to Candidate s gross base salary or fee per annum as agreed by Client and Candidate or calculated on determination of market rate level of remuneration applicable for the position the Candidates has been Engaged. In particular situations, remuneration may also include guaranteed and/or anticipated commission earnings, allowances, inducement payments, the benefit of a company car and other taxable or nontaxable emoluments payable to or receivable by the Candidate for services rendered to or on behalf of 2

3 the Client or any third party related to the Client. GENERAL CLIENT OBLIGATIONS to send to the an accurate and complete description of the position to be filled and of the ideal job holder profile to be recruited by the as follows: a. the necessary number of Candidates to be introduced and supplied by the b. the corresponding job description(s) c. the working conditions and location d. the contract duration e. the experience, qualification and/or authorizations and corresponding compliance documents required to the Candidate f. minimum rate of pay, extra hours and night shift pay rate or any other benefits offered g. social and health insurance conditions applicable in Client s country h. risks to health and safety associated with the Candidate s engagement i. the date when Client requires the Candidate to commence work j. the contact details of the person on behalf of the Client who will liaise with the k. the location in which the Client will hold the interviews with the candidates and any costs reimbursement for Candidates travelling or hotel arrangement l. request for any practical tests for the Candidates m. any form of Client s participation in the process of posting the Candidate and / or obtaining the work permit or other similar formalities in the host state for the Candidate to notify the immediately that its Engagement offer to the Candidate has been accepted and to provide details to the of the remuneration agreed with the Candidate together with any documentary evidence if requested by the ; to release a written Acceptance Form to the indicating the name(s) of the Candidate(s) introduced by the and deemed to commence work on behalf of the Client; to pay the Introduction fee in no more than 15 calendar days from the invoice issue date; 3

4 to ensure that the working conditions required by the local legislation as well as internal rules and personnel policy equally apply to the Candidate(s) introduced and supplied by the as to the Client s own employees; if the Candidate will be required to work with children, vulnerable adults or any special social category the Client shall assist the with any necessary information as to allow it comply with the statutory obligations and select suitable Candidates for the job. CHARGES The Introduction fee is calculated as an amount equal to 10% of the gross base salary or fee per annum agreed by Client and Candidate for the position in which the Candidate is engaged. If the Client subsequently engages or re-engages the Candidate within a period of 6 calendar months from the date of termination of the initial Engagement which has been charged by the or in case of withdrawal of the Client s offer, a new full Introduction fee will be charged and will become payable by the Client in no more than 15 calendar days from the invoice issue date. The Introduction fee will be invoiced in two shares as follows: 40% of the full amount will become payable at Candidate s commencement date and; 60% of the full amount will become after 30 calendar days from Candidate s commencement. In the event of a maximum 30 calendar days Engagement the Introduction fee will become payable in full at Candidate s commencement date. No fee is incurred by the Client until the Candidate commences the Engagement when the will render an invoice to the Client for its fees. The reserves the right to charge interest on late payment. INTRODUCTION FEE Introductions of Candidates are confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the which results in an Engagement with that third party within 6 months of the initial Introduction renders the Client liable to payment of the full Introduction fee with no entitlement to any refund. 4

5 CANCELLATION FEE If after an offer of Engagement made to the Candidate the Client decides for any reason to withdraw it, the Client shall be liable to pay the a minimum fee of 25% of the Introduction fee applicable for the position the Candidate has been introduced for to the Client. GUARANTEES and REFUNDS In the event a Candidate who has been engaged by the Client is deemed inappropriate for the job by the Client before the expiry of one calendar month from the commencement of the Engagement, The guarantees the free of charge replacement of the respective Candidate in no more than 15 calendar days. No refund fee will be paid by the to the Client in the event that Candidate failed in delivering his duties within the first month of engagement.. There are no refunds in respect of the Introduction of Candidates for Engagements on a self- employed or commission only basis. PAYMENT OF THE CANDIDATE The Client which engages the Candidate assumes responsibility for paying the salary or fee and the corresponding taxes for the Candidate. The amount of remuneration and payment date are subject of negotiation between Client and Candidate. CANDIDATE SUITABILITY The endeavors to ensure the suitability of any Candidate introduced to the Client by obtaining confirmation of the Candidate identity; professional experience, training, qualifications and any authorization which the Client considers necessary or which may be required by law or by any professional body. The will ensure in written that the Candidate is willing to work in the position which the Client seeks to fill and that the Candidate has minimum one letter of references from a previous employer. To enable the to comply with its suitability obligations the Client undertakes to provide the details of the position which it seeks to fill. 5

6 During the first calendar month from commencement the Client agrees on supervising the Candidate in order to assess the quality of his work. If the Client reasonably considers that the services of Candidate are unsatisfactory, the Client is entitled to terminate the assignment by requiring the to remove and replace the Candidate on the basis of a written notification explaining the grounds of its decision. CONFIDENTIALITY AND DATA PROTECTION All information relating to a Candidate is confidential and subject to the Romanian Law of Data Protection (677/2001) and is disclosed to the Client solely for the purpose of providing work-finding services. Such information will not be used for any other purpose nor divulged to any third party. The Client agrees to abide by the provisions of the Data Protection Law in receiving and processing the Candidate data. LIABILITY The Client shall advise the of any special Health and Safety matters about which the must inform the Candidate and about any requirements imposed by law or by any professional body which must be satisfied by the Candidate during the Engagement. Candidates provided by the are engaged under labor contract or contract for services. For the duration of the Engagement they are deemed to be under the supervision, direction and control of the Client who agrees to be responsible for all acts, errors and omissions of the Candidates whether willful, negligent or otherwise. The shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the to introduce any Candidate. The shall not be liable for the Candidate s negligence, dishonesty, misconduct, lack of skill during the Engagement of the Candidate who decides to terminate the Engagement by any reason. 6

7 SEVERABILTY If any of the provisions of this Contract shall be determined by any competent authority to be enforceable to any extent, such provision shall to that extent, be severed form the remaining Contract which shall continue to be valid to the fullest extent permitted by applicable laws. GOVERNING LAW AND JURISDICTION The current Contract is governed by the Romanian law and European legal provision on the free movement of workers and is subject to the jurisdiction of Bucharest authorities. 7