Hi, I have engaged a freelancer recruiter for an urgent HR assignment. The HR recruiter left in the middle of work due to personal reasons and did not complete the work in terms of negotiating salary and following up on documentation. He is claiming a full percentage of his work despite only completing half of the work. Are we liable to pay the full amount in this case? Can someone guide on the exit clause that I can include in a contract? In case of indiscipline or negligence in work, what measures can we take concerning a freelancer's contract?
From India, Delhi
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From India, Delhi
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Dear Monika,
Did you make a contract with the recruiter (sub-contractor or service provider)? If yes, then please share the verbatim of the contract related to the completion of the assignment. If the contract is not made, then on what basis is the service provider asking for payment? How was the payment decided? Was it for the time spent in handling the assignment or for the completion of the specific assignment?
Suppose a person hires a tutor. The tutor provides tuition for a child. For some reason, the tutor leaves in between. However, as the tutor had provided services daily, he/she asks for payment for the days when tuition was given. Was your arrangement something of this kind?
Thanks,
Dinesh Divekar
From India, Bangalore
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8029Did you make a contract with the recruiter (sub-contractor or service provider)? If yes, then please share the verbatim of the contract related to the completion of the assignment. If the contract is not made, then on what basis is the service provider asking for payment? How was the payment decided? Was it for the time spent in handling the assignment or for the completion of the specific assignment?
Suppose a person hires a tutor. The tutor provides tuition for a child. For some reason, the tutor leaves in between. However, as the tutor had provided services daily, he/she asks for payment for the days when tuition was given. Was your arrangement something of this kind?
Thanks,
Dinesh Divekar
From India, Bangalore
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When the contract is partially performed, the principle of "Quantum Meruit" would apply, and the party has to be paid in proportion to the work done. Negotiation of salary, documentation, and follow-up are yet to be done, so roughly 25% of the work is left. Therefore, you can negotiate and arrive at a mutually agreeable percentage as the major steps have been completed.
From India, Mumbai
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From India, Mumbai
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Further to our discussion, pfa the terms below for the role of Freelance recruiter , we would like to engage for a period of 1month wef 01 March ,2020.
We currently have 2 positions in Bangalore from NBFC’S and looking for suitable resumes urgently.
Tasks and Activities .
Data Sourcing and calling from Naukri , Facebook and other sites of social Media .
a. Freelance recruiter shall maintain a proper tracker of MIS Sheet.
b. Handle the sourcing of profiles from Naukri, Linkedin
c. Managing the entire recruitment cycle from sourcing to onboarding, salary negotiation.
d. Posting and editing job postings on Linkedin and Free sites and social Media .
e. Understand JD of Clients and deliver quality resource within stipulated time frame.
f.
Payout-:
Freelance recruiter shall be paid 15 Percent of the billing amount without GST charges.
50% of commission shall be paid once the client has released payment , approx. after 45 days of joining . 50 % percent shall be paid after candidate has completed 90 days .
In case of duplicate profiles , freelance recruiter shall be informed within 2 days of receiving the profile .
Sharing of portal is strictly not allowed.
Firm shall pay a one time fees of Rs 1500 towards phone and net charges during the tenure of our contract .
Let me know any more queries , you may have.
************************************************** ************************
The recruiter left after sending cv of candidate who got selected and was not present during salary negotiation and document arranging .
Could you please mention "Exit clause" terms that i can use for future contracts , t avoid this trouble. Which means in case of indiscipline , misuse of information , rude conduct or absence before completion of project .. what language can be used to make it clear ?
Hope i am able to express myself .
thanks,
Monika
From India, Delhi
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We currently have 2 positions in Bangalore from NBFC’S and looking for suitable resumes urgently.
Tasks and Activities .
Data Sourcing and calling from Naukri , Facebook and other sites of social Media .
a. Freelance recruiter shall maintain a proper tracker of MIS Sheet.
b. Handle the sourcing of profiles from Naukri, Linkedin
c. Managing the entire recruitment cycle from sourcing to onboarding, salary negotiation.
d. Posting and editing job postings on Linkedin and Free sites and social Media .
e. Understand JD of Clients and deliver quality resource within stipulated time frame.
f.
Payout-:
Freelance recruiter shall be paid 15 Percent of the billing amount without GST charges.
50% of commission shall be paid once the client has released payment , approx. after 45 days of joining . 50 % percent shall be paid after candidate has completed 90 days .
In case of duplicate profiles , freelance recruiter shall be informed within 2 days of receiving the profile .
Sharing of portal is strictly not allowed.
Firm shall pay a one time fees of Rs 1500 towards phone and net charges during the tenure of our contract .
Let me know any more queries , you may have.
************************************************** ************************
The recruiter left after sending cv of candidate who got selected and was not present during salary negotiation and document arranging .
Could you please mention "Exit clause" terms that i can use for future contracts , t avoid this trouble. Which means in case of indiscipline , misuse of information , rude conduct or absence before completion of project .. what language can be used to make it clear ?
Hope i am able to express myself .
thanks,
Monika
From India, Delhi
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Comments: - Since the candidate has joined the organisation the question of any payment to the recruiter does not arise at all. Thanks, Dinesh Divekar
From India, Bangalore
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From India, Bangalore
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Dear Dinkar Sir,
Thanks for your replies. I still need to ask: "Could you please mention the 'Exit clause' terms that I can use for future contracts that I make with freelance recruiters in order to avoid issues pertaining to indiscipline, misuse of information, misuse of the Naukri portal, rude conduct, or absence before completion of the project? What language can be used to make it clear? Let me know.
Thanks, Monika
From India, Delhi
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Thanks for your replies. I still need to ask: "Could you please mention the 'Exit clause' terms that I can use for future contracts that I make with freelance recruiters in order to avoid issues pertaining to indiscipline, misuse of information, misuse of the Naukri portal, rude conduct, or absence before completion of the project? What language can be used to make it clear? Let me know.
Thanks, Monika
From India, Delhi
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