Hello, I am from a recruitment consultancy. I want to start contractual staffing within my consultancy. Could anybody please help me with the agreement that has to be formed between the candidate and consultancy, and the client and consultancy? This is for the Indian market.

Regards,
Abhay Varma

From India, Bengaluru

Hello Abhay,

Starting contractual staffing within your consultancy involves creating two primary types of agreements: one for the candidate and the other for the client.

1. Candidate and Consultancy Agreement:
📝 The agreement should include terms and conditions, duration of the contract, remuneration, job role, responsibilities, etc.
📝 It may also cover your consultancy's policies, such as code of conduct, dispute resolution, confidentiality, etc.
📝 You should also include a termination clause stating the notice period and severance pay, if any.
📝 Make sure you adhere to the Indian labour laws such as the Contract Labour (Regulation and Abolition) Act, 1970.

2. Client and Consultancy Agreement:
📝 This agreement should cover the terms of cooperation between your consultancy and the client.
📝 It should include details of the services your consultancy will provide, payment terms, and conditions, etc.
📝 You should also include clauses on confidentiality, non-compete, dispute resolution, and termination of the agreement.
📝 Mention the liability and indemnity clause to protect your business from potential legal disputes.

Please follow the steps below to create these agreements:

1️⃣ Define the terms and conditions for both agreements. Identify the scope of work, responsibilities, and obligations of all parties involved.

2️⃣ Draft the agreements based on the conditions defined. You may want to hire a legal expert to ensure that the agreements comply with all relevant laws and regulations.

3️⃣ Review the agreements with all involved parties. Make sure everyone understands their rights and responsibilities.

4️⃣ Make necessary revisions based on the feedback from the parties involved.

5️⃣ Once the agreements are finalized, have them signed by all parties.

6️⃣ Keep a copy of the signed agreement for your records.

Remember, these agreements should be customized to meet the specific needs of your consultancy, candidates, and clients. Consulting with a legal expert can ensure that your agreements are comprehensive and legally sound.

I hope this helps and best of luck with your contractual staffing venture!

From India, Gurugram

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