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paramagurunaath
Dear Seniors
We are running a placement consultancy and planning to extend our service internationally.So we need help regarding terms and conditions for placing candidates overseas and also give suggestions on service charge.
Thanks & Regards
Paramagurunaath.SPS

From India, Madras
sourabh77
6

Dear Paramagurunaath,

The first thing you should need to identify is the geographical area where you are going to place the candidates or offering your services? The Laws are different in different countries.Tehrefore you are going to need professional legal advice in getting prepared the legal document.

Are you offering the candidates to local clients to be placed abroad?
or
Are you planning to extend you operations internationally? That is you are establishing your office/s at international location/s.

These are 2 different things, however if you are placing your candidates to domestic clients who might place them to their international location the service charges may already be in your existing contract with the client already. Either your client will provide the candidates with necessary allownaces or they will ask you to provide it and you will bill the client.

If you are taking candidates on your payroll who are already based at international locations, the service changes may vary based on location, duration of contract and type of technology for which you are providing services.
For e.g. in US the if you are getting a consultant on $30/hr to $60/hr for a particular technology, you might want to place them with a margin of $5/hr-$10/hr based on the client's budget and your company policy.

Now whenever you are placing a candidate overseas, the Term and Conditions will be both for your candidate and your client and these should be legaly bounded.

I can give you few pointers but you should have professional legal help in getting a legal T&C

You should have a point where it will disallow the client to offer your candidate direct employment with them unless they have a prior understanding with your office that after certain time period the client can offer direct employment to the candidate.
What would be the duartion for which you will be charging the time and what would be the frequency of billing, tat is either weekly, fortnightly or monthly?
How sonn the payment will be released?
What would be the work hours?
Duration and location of contract?

Similarly the candidate is barred to enter in any form of employement with the current client or change his work Visa with any other client while he is abroad during a mutually agreed time period.

The candidate is not allowed to enter in any form or professional agreement with same client or any other client or can not offer any kind of professional services to same client or any other outside the exitisting contract.

They can not change their work visa with any other organisation for a mutually agreed time frame.
They are entitled to so and so salary for so and so work hours.
The benefits again will differ from country to country.

The list is quite long for both client's as well as candidate's Term and Conditions

Meanwhile I strongly urge you to seek legal aid before you put anything in written.

warm regards
Sourabh

From India, Delhi
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