TERMS OF BUSINESS — PERMANENT RECRUITMENT
Between [Agency name] (to fill in) ("the Agency") and [Client company] (to fill in) ("the Client"). Effective from [Effective date] (to fill in).
1. DEFINITIONS 1.1 "Candidate" means any person the Agency introduces to the Client, by CV, profile, name or any other information that identifies them. 1.2 "Introduction" means the Agency giving the Client details of a Candidate, whether or not the Candidate is then interviewed. 1.3 "Engagement" means the Client, or any company in its group, employing or contracting a Candidate in any capacity. 1.4 "Remuneration" means the Candidate's gross pay for the first 12 months: basic salary plus fixed allowances such as housing and transport, and any guaranteed bonus.
2. INTRODUCTIONS 2.1 These terms apply to every Introduction and replace any other terms unless both parties agree otherwise in writing. 2.2 An Introduction is valid for [Months] (to fill in) months. If the Client engages the Candidate within that time, the fee in clause 3 is due. 2.3 If the Client already knows a Candidate, it must tell the Agency in writing within 2 working days of the Introduction, with evidence, or the Introduction stands. 2.4 The Client will not pass a Candidate's details to any third party. If a third party engages the Candidate as a result, the Client pays the fee.
3. FEES 3.1 On Engagement the Client pays a fee of [Fee %] (to fill in)% of the Remuneration. 3.2 The Client will tell the Agency the Candidate's start date and Remuneration within 2 working days of the offer being accepted. 3.3 If the Client withdraws an accepted offer, a cancellation fee may be agreed in writing. 3.4 The Agency does not charge Candidates any fee for introduction or placement.
4. INVOICING AND PAYMENT 4.1 The Agency invoices on the Candidate's start date. 4.2 Invoices are payable within [Payment days] (to fill in) days of the invoice date, in AED. 4.3 Fees are exclusive of VAT, which is added at the rate in force on the invoice date.
5. GUARANTEE 5.1 If the Candidate leaves, or is dismissed for reasons other than redundancy, within [Guarantee days] (to fill in) days of the start date, the Agency will look for a replacement free of charge. 5.2 The guarantee applies only if the invoice was paid on time and the Client tells the Agency in writing within 7 days of the Candidate leaving. 5.3 The guarantee does not apply if the Candidate leaves because of a material change to the job or the terms offered, or if the Candidate's work permit or visa is refused for reasons the Client controls.
6. THE CLIENT'S RESPONSIBILITIES 6.1 The Client is responsible for checking each Candidate's suitability, qualifications, references and right to work before Engagement. 6.2 The Client is responsible for the work permit, visa and all employment obligations under the labour law of UAE. 6.3 The Client will not discriminate against any Candidate on unlawful grounds.
7. CONFIDENTIALITY AND DATA 7.1 Candidate information is confidential and is used only to assess the Candidate for the role. 7.2 Each party will handle personal data in line with the data protection law that applies to it, and delete Candidate data it no longer needs.
8. LIABILITY 8.1 The Agency takes reasonable care in introducing Candidates but does not guarantee their performance. 8.2 Neither party is liable for indirect or consequential loss.
9. GOVERNING LAW 9.1 These terms are governed by the laws of UAE, as applied in the emirate where the Agency is licensed, and disputes go to its courts.
Signed for the Agency: [Agency signatory] (to fill in) Date: ____________ Signed for the Client: [Client signatory] (to fill in) Date: ____________
A starting draft for negotiation, not legal advice. Have a lawyer in your country review it before you rely on it, and make sure your agency licence covers the work.