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Staffing Subcontractor Agreement Template for United States

A Staffing Subcontractor Agreement is a legal document used in the United States that establishes the relationship between a primary staffing agency and a subcontractor staffing agency. This agreement outlines the terms under which the subcontractor will provide staffing services to the primary contractor's end clients, including compliance with federal and state employment laws, payment terms, liability provisions, and service level requirements. The document includes specific provisions for worker classification, insurance requirements, and risk allocation in accordance with U.S. labor laws.

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What is a Staffing Subcontractor Agreement?

The Staffing Subcontractor Agreement is essential when a primary staffing agency needs to engage additional staffing providers to fulfill client requirements. This document is particularly relevant in the United States where complex federal and state employment regulations necessitate clear delineation of responsibilities between staffing providers. The agreement typically covers worker classification, compliance requirements, payment structures, and risk allocation. It's designed to protect all parties while ensuring regulatory compliance with U.S. labor laws, particularly in situations where the primary contractor needs to augment their staffing capabilities or access specialized talent pools.

What sections should be included in a Staffing Subcontractor Agreement?

1. Parties: Identification of the primary contractor and subcontractor, including legal names and addresses

2. Background: Context of the agreement and basic premises of the staffing arrangement

3. Definitions: Key terms used throughout the agreement including defined roles, services, and important concepts

4. Scope of Services: Detailed description of staffing services to be provided, including responsibilities and deliverables

5. Term and Termination: Duration of agreement and conditions for termination, including notice periods and wind-down procedures

6. Payment Terms: Compensation, invoicing procedures, payment schedules, and related financial terms

7. Compliance with Laws: Obligations regarding employment laws, regulations, and statutory requirements

8. Insurance Requirements: Mandatory insurance coverage specifications and minimum coverage amounts

9. Confidentiality: Protection of proprietary information and trade secrets

What sections are optional to include in a Staffing Subcontractor Agreement?

1. Performance Metrics: Specific KPIs and performance standards for measuring service quality and effectiveness

2. International Staffing Provisions: Additional requirements and compliance measures for international staffing arrangements

3. Training Requirements: Specific training obligations and professional development requirements

4. Background Check Requirements: Specific screening procedures and security clearance requirements

What schedules should be included in a Staffing Subcontractor Agreement?

1. Schedule A - Rate Card: Detailed breakdown of staffing rates, markups, and pricing structure

2. Schedule B - Service Levels: Detailed service level requirements, performance metrics, and measurement criteria

3. Schedule C - Insurance Requirements: Detailed insurance coverage requirements and minimum coverage amounts

4. Schedule D - Required Forms: Standard forms for timesheet submission, expense reports, and other operational documents

5. Schedule E - Compliance Checklist: Detailed compliance requirements and documentation checklist

6. Appendix 1 - Job Descriptions: Standard job descriptions and qualifications for commonly filled positions

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use

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