Manpower Services Agreement Template
Uploaded by
ashoka187Manpower Services Agreement Template
Uploaded by
ashoka187- Agreement Overview
- Governance and Conclusion
- Terms and Conditions
Common questions
Powered by AIThe consultancy fees, including professional fees and statutory tax, must be paid by the client to the service provider in two installments. 50% of the fees is due within 90 days of the candidate joining the client company, and the remaining 50% is due within 180 days. This ensures the total consultancy fees are paid within 180 days from the candidate's joining date .
The agreement is governed by the laws of the State of Maharashtra and is subject to the jurisdiction of Mumbai. This establishes the legal framework under which any disputes related to the agreement would be resolved .
The agreement stipulates that the client must immediately inform the service provider of any duplication of resumes that occur due to sourcing through other channels like advertisements or other service providers. This duplication cannot be billed unless the client fails to notify the service provider before the interview and the candidate is ultimately selected .
The agreement explicitly states that it constitutes the sole and only agreement between the parties, superseding any prior written or oral agreements related to the subject matter. This clause ensures there is no ambiguity or conflict arising from previous understandings and that all parties are bound by the current terms .
Any modifications to the agreement require mutual agreement from both parties, must be documented in writing, and duly signed by both the service provider and the client. This ensures that any changes to the terms and conditions are officially recognized and legally binding .
The non-solicitation clause prohibits either party from directly or indirectly employing or offering employment to each other's employees during the term of the agreement and for 12 months thereafter. This restriction applies only during the 12 months following the termination of an employee's employment with either the service provider or the client. This provision is intended to prevent poaching of employees, ensuring that the focus remains on fulfilling the obligations of the agreement rather than creating staffing disruptions .
The agreement states that the identity of candidates and any documents related to them, such as resumes and correspondence sent by the service provider, are considered confidential trade secrets. The client is prohibited from disclosing these to any third party without the written consent of the service provider. Additionally, the client agrees not to contact a candidate's current employer until the candidate has accepted an employment offer from the client or with prior consent routed through the service provider .
According to the agreement, sourcing candidates is the sole responsibility of the service provider, while the client is not liable to reimburse any expenses incurred during the sourcing process. The client must inform the service provider of the joining date and compensation offered to the candidate. Additionally, if a referred candidate is rejected, the client agrees not to hire the candidate within six months of the rejection. If hired within this period, it counts as a placement and is billed according to the agreement's terms .
Ratnabhumi Technologies would provide a replacement candidate without additional professional charges if a candidate they referred leaves the client's company within three months of joining. This does not apply if the candidate is terminated by the company for reasons other than job performance, indicating that certain exclusions apply to protect the service provider from undue liability .
The agreement can be terminated by either party with a 30-day prior written notice. Despite termination, the client remains liable to pay any outstanding fees for candidates offered during the validity of the agreement, ensuring that financial obligations are concluded as per the specified terms .
