Your Recruitment Agreement with candidates sets out the terms on which you will provide services to candidates. You should ensure that you have a thorough and detailed candidate’s obligations clause in place to protect your business and to ensure that the candidate provides you with all the information you require, to provide them with the services.

Types of Information

The candidate should agree to providing you with all necessary information so that you can provide them with the services and find suitable positions for them. You may request information such as the candidate’s drivers licence and other proof of ID, proof of a police check and a working with children check. In addition, you might ask for information and documents relating to their background, professional experience and referral checks and referees information.

Candidate Obligations

Some of the candidate obligations that you may consider inserting in the Recruitment Agreement include that:

  • there are no legal restrictions preventing them from entering into the agreement with you or seeking employment, for example, they are not breaching a third party agreement;
  • they will undertake a number of checks relevant to their position, including the appropriate working with children check in the State/Territory in which they will be working or State or Federal police checks;
  • they must provide you with professional referees;
  • they must provide you with personal referees;
  • they will work with you and give you the information you reasonably request, which may include attendance at interviews with employers;
  • the information that the candidate provides such as identification, medical records or other information is correct and not misleading; and
  • they are responsible for compliance with other statutory requirements.

If the candidates you are placing are from overseas you should include more obligations, such as to:

  • pay for their own personal and medical travel insurance;
  • provide details of their health status;
  • meet any immigration and visa requirements; and
  • pay for travel costs, including flights and visa costs.

You may like to consider including a non-solicit clause in your Recruitment Agreement to prevent your candidates from circumventing your services to avoid the fees. It also prevents them from poaching any of your other candidates for roles and avoiding paying the appropriate fees. You should also include a clause that they must notify you if a potential employer contacts them to avoid paying the fees or using the services. These obligations should continue after the end of the term of the agreement, and you should also require the candidate to enter into a separate agreement between the candidate and the client.

Conclusion

As a recruitment agent, it is important to have a Recruitment Agreement that addresses the candidates’ obligations to prevent issues arising at a later stage. It also ensure you have full cooperation from your candidates, which clarifies expectations and protects you if you have a candidate that you are unable to place because they are not providing sufficient information. So if you’re in need of legal advice in regards to drafting a Recruitment Agreement, contact LegalVision on 1300 544 755 and speak with one of our experienced contracts lawyers.

Edith Moss

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