Personnel agencies, write contracts for your clients with this ready-made General Staffing Agreement to provide employees to fill specified positions.
- The personnel agency will recruit, screen, interview and assign qualified employees.
- The client will not pay the employees directly. The personnel agency is responsible for paying the employee's wages and for making all deductions of taxes and other required amounts.
- The client is responsible for direction and supervision of employees, and for providing a safe workplace and proper training and instruction with respect to any hazardous work conditions.
- The client may terminate the assignment if an employee is unsuitable.
- The client will be billed at the rates set by applicable law for any overtime or holiday work.
- Both parties agree to keep confidential the other party's information, and agree to indemnify and hold the other party harmless from claims arising from a breach of the Agreement by the indemnifying party.
- The file includes a form of Employee Benefits Waiver and a Confidentiality Agreement.This General Staffing Agreement template is provided in MS Word format and is fully editable to meet your needs.
GENERAL STAFFING AGREEMENT THIS AGREEMENT made effective as of the _____ day of ______________, _______. BETWEEN: [NAME OF STAFFING AGENCY] [address] (“Agency”) - and - [NAME OF EMPLOYER] [address] (“Client”) THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties hereby agree as follows: 1. Services to be Provided by Agency Agency shall provide the following services to Client: 1.1 Recruit, screen, interview, and assign Agency’s employees (hereinafter referred to as the “Employee(s)”) to Client to fill a specified position and perform, under Client’s supervision, the tasks set forth in “Exhibit A” (attached hereto) at the location specified in “Exhibit A”; 1.2 Pay Employees’ wages and compensation, and provide Employees with additional benefits; 1.3 Pay, withhold, and transmit payroll taxes, provide unemployment insurance and Workers’ Compensation Insurance; and handle any unemployment and Workers’ Compensation claims made by Employees; 1.4 Ensure that Employees sign an agreement in the form set out in “Exhibit B” or other form satisfactory to Client, acknowledging that they are not entitled to holidays, vacations, disability benefits, insurance, pensions, retirement plans, or any other benefits Client may provide; 1.5 Ensure that Employees sign a confidentiality agreement in the form set out in “Exhibit C” or other form satisfactory to Client, before beginning their assignments. 1.6 Perform background/qualification checks, at ______________’s [indicate whether the cost will be covered by Agency or Client] expense, for all Employees who will be assigned to Client. Agency will not assign unqualified personnel to Client. 2. Client’s Duties and Responsibilities Client hereby agrees to: 2.1 Properly direct and supervise Employees assigned to Client. -2- 2.2 Be solely responsible for Client’s business operations, products, services, and intellectual property. 2.3 Properly supervise, control, and safeguard Client’s premises, processes and systems; not allow Employees to operate any vehicle or motorized equipment; not to leave Employees unattended on the premises with cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments, or other valuables without prior written approval from Agency, or as strictly required by the job description of the position to which an Employee has been assigned. 2.4 Ensure Employees are provided a safe work environment with appropriate information, training, and safety equipment, particularly with respect to any hazardous substances or conditions to which Employees may be exposed while at Client’s premises. 2.5 Not change Employees’ duties and tasks without prior written consent from Agency. 2.6 Exclude Employees from Client’s benefit plans, policies, and practices, and not make any offer or promise regarding Employees’ compensation or benefits. 3. Guarantee Should Client become dissatisfied with the performance of an Employee, Client may cancel that Employee’s assignment by contacting Agency. If the assignment is terminated within the first ___________ (____) [insert number of days in both words and numerals] working days, then Client will not be billed for the time the Employee was assigned to them and Agency will make reasonable efforts to replace the Employee. Should Client keep an Employee on assignment for more than __________ (____) [insert number of days in words and numerals] working days, the Employee’s performance shall be deemed acceptable and Client shall pay the entire invoice for services rendered. If an Employee is removed from an assignment by Client, Agency reserves the right, at its sole discretion, to refuse to assign a replacement Employee or any additional Employees. Agency does not warrant or guarantee that any Employee will produce any solutions to Client’s workplace problems or needs. 4. Payment Terms, Bill Rates, and Fees 4.1 Client will pay Agency for services rendered at rates agreed upon in “Exhibit A”. Client will also pay any additional costs or fees as set forth in this Agreement. Agency will invoice Client for such services on a ____________________ [insert invoicing period] basis. Payment by Client is due upon receipt of invoice. Invoices will include timesheets or other agreed upon systems for substantiating hours worked by Employees while with Client. Client’s signature or other agreed upon method of acknowledgement of work time submitted by Employees certifies that the documented hours are correct and Client will be billed for those hours. Should any portion of the invoice be in dispute, Client will still be held responsible for paying the undisputed portion of the invoice. 4.2 Employees are not exempt from laws which require premium pay for overtime, holiday work, or weekend work. Client will be charged special rates for premium work time only when an Employee’s work for Client, when assessed by itself, would legally require premium pay and Client has authorized, directed, or allowed such work during premium pay time. Client’s special billing rate for such premium hours will be the same multiple of regular billing rate as Agency is -3- required to apply to the Employee’s regular pay rate. (e.g. if federal law requires 150% pay rate for work that exceeds 40 hours in one week, Client will be billed at 150% of the regular bill rate). 4.3 Should Client hire the Employee as its direct employee, as an independent contractor, or through any person or firm other than Agency, within _______________ (_____) days [insert number of days in both words and numerals] after any job in which the Employee was assigned to Client by Agency, Client must notify Agency and either (a) continue the Employees assignment from Agency for Employee’s next _______________ (____) [insert number of hours in both words and numerals] consecutive work hours for Client; or (b) pay Agency a fee in the amount of _________ times the final billing rate for that Employee, or ___________________ dollars ($__________________), whichever is higher. 4.4 Client, in addition to paying the bill rates set forth in “Exhibit A”, will pay Agency the amount of all new or increased labor costs associated with Employees assigned to Client, as required by law, including but not limited to wages, benefits, payroll taxes, social program contributions, or charges linked to benefit levels, until new bill rates are agreed upon by both parties. 5. Confidentiality During the course of this Agreement, both parties may encounter and receive information that the other party considers confidential and proprietary. Both parties agree to hold such information in strict confidence and agree not to disclose such information to third parties or to use such information for any purpose whatsoever, other than for performing the terms and conditions of this Agreement or as required by law. No knowledge, possession, or use of Client’s confidential information shall be imputed to Agency as a result of Employees’ access to such information. 6. Cooperation Both Agency and Client agree to cooperate fully and to provide assistance to each other in the investigation and resolution of any claims, actions, or proceedings that may be brought by or that may involve any Employees. 7. Indemnification and Limitation of Liability 7.1 As permitted by law, Agency will defend, indemnify, and hold Client and Client’s parent company, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities to the extent caused by Agency’s breach of this Agreement; its failure to discharge its duties and responsibilities as set out in Section 1 of this Agreement; or the negligence, gross negligence, or willful misconduct of Agency or Agency’s officers, employees, or other authorized agents in the discharge of those duties and responsibilities. 7.2 As permitted by law, Client wil
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