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Staffing Agency Contract With Client for Hong Kong

Staffing Agency Contract With Client Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes the terms and conditions between a staffing agency and its client company for the provision of temporary workers. The document covers essential aspects including service scope, fee structures, liability allocation, and compliance with Hong Kong employment regulations, while protecting all parties' interests and ensuring clear delineation of responsibilities in the triangular employment relationship. It incorporates specific provisions required under Hong Kong's Employment Ordinance and Employment Agency Regulations, along with necessary data privacy and worker protection measures.

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Staffing Agency Contract With Client

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What is a Staffing Agency Contract With Client?

The Staffing Agency Contract With Client is essential for businesses in Hong Kong seeking to engage temporary workers through professional staffing agencies. This document is crucial when companies need flexible workforce solutions while ensuring compliance with Hong Kong's employment laws and regulations. The agreement establishes the framework for the provision of temporary workers, including recruitment processes, payment terms, and risk allocation. It addresses key requirements under Hong Kong's Employment Ordinance, Employment Agency Regulations, and Personal Data (Privacy) Ordinance, while clearly defining the responsibilities of both the staffing agency and the client company. The contract is particularly important in Hong Kong's dynamic business environment, where workforce flexibility and legal compliance are paramount considerations for both local and international companies.

What sections should be included in a Staffing Agency Contract With Client?

1. Parties: Identifies the staffing agency and the client company, including full legal names and registered addresses

2. Background: Sets out the context of the agreement - that the agency provides staffing services and the client wishes to engage such services

3. Definitions: Defines key terms used throughout the agreement, including 'Temporary Workers', 'Assignment', 'Fees', etc.

4. Scope of Services: Details the staffing services to be provided, including recruitment, placement, and management of temporary workers

5. Agency Obligations: Specifies the agency's responsibilities including vetting workers, ensuring compliance with employment laws, and maintaining insurance

6. Client Obligations: Outlines the client's duties including providing safe working conditions, accurate job descriptions, and timely payment

7. Temporary Worker Status: Clarifies the employment relationship and confirms that workers are employed by the agency, not the client

8. Fees and Payment Terms: Details the fee structure, payment schedule, and invoicing procedures

9. Confidentiality: Protects sensitive information exchanged during the service provision

10. Data Protection: Addresses handling of personal data in compliance with the Personal Data (Privacy) Ordinance

11. Liability and Indemnity: Allocates risks and responsibilities between parties

12. Term and Termination: Specifies contract duration and circumstances for termination

13. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

What sections are optional to include in a Staffing Agency Contract With Client?

1. Immigration Compliance: Required when the agency may supply foreign workers, detailing visa and work permit requirements

2. Specific Industry Requirements: Needed for regulated industries (e.g., financial services) with additional compliance requirements

3. Conversion Fees: Include when allowing clients to permanently hire temporary workers, specifying conversion fee structure

4. Performance Metrics: Optional section defining KPIs and service levels for the agency

5. Training Requirements: Include when specific training is required for temporary workers

6. Insurance Requirements: Detailed insurance provisions beyond standard coverage, if required by client

7. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation provisions

What schedules should be included in a Staffing Agency Contract With Client?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, margins, and payment structures

2. Schedule 2 - Service Specifications: Detailed description of services, including recruitment process and worker management procedures

3. Schedule 3 - Required Worker Qualifications: Specific qualifications, certifications, and experience requirements for different worker categories

4. Schedule 4 - Client Locations and Facilities: List of client sites where temporary workers may be assigned

5. Schedule 5 - Key Personnel: Contact details for key agency and client personnel responsible for contract management

6. Appendix A - Standard Operating Procedures: Detailed procedures for worker requisition, timesheet submission, and issue resolution

7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance procedures

8. Appendix C - Forms and Ƶ: Standard forms for worker requisition, evaluation, and incident reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






































Clauses


































Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Construction

Hospitality

Professional Services

Logistics

Education

Media and Entertainment

Real Estate

Telecommunications

Relevant Teams

Human Resources

Legal

Procurement

Operations

Finance

Compliance

Risk Management

Talent Acquisition

Administration

Facilities Management

Relevant Roles

Human Resources Director

Legal Counsel

Procurement Manager

Operations Manager

HR Manager

Talent Acquisition Manager

Compliance Officer

Risk Manager

Finance Director

Department Head

Project Manager

Chief Operating Officer

General Counsel

HR Business Partner

Facilities Manager

Industries











Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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