iasindev/contracts

Contract Templates to be used by a Talent Agency or a Recruitment Company

Talent Agency Contracts

Contracts used by the Manfred Tech Talent Agency to regulate rights and obligations between Manfred and both candidates and companies.

Table of Contents

• Motivation
• Getting Started
• The Candidate Contract
• The Company Contract
• The Fee
• Things to be Done
• How to propose a Change
• Change Log
• License and Author Info
• Credits and Acknowledgments

Motivation

One of the peculiarities of recruitment is opacity. Recruitment should be a business of transparency and openness because this it's not about Apples or PCs but people.

We are committed to change that model with a candidate-centric approach and, as a first step toward our goal, we have open-sourced the contracts we use with both talent/candidates and hiring companies so they can be read, studied, compared, discussed and used by the Community.

It's just a small contribution but hopefully it is the first step in disrupting the status quo of recruiting. You can take a look at our manifesto and learn more about us on our website.

Getting Started

It is important to distinguish between language and jurisdiction. Law changes depending on where the contract object is located (affecting legal jurisdiction) but language may also introduce material changes through malicious or accidental redactions made in local language - this can be hard to confirm or understand as at the end of the day it's a private agreement.

As such, files in our contracts repository follow this nomenclature:

• candidates: 'candidates_' + COUNTRY + ISO 369-1, for language (e.g. candidates_SPAIN_ES.md)
• companies: 'companies' + COUNTRY + ISO 369-1, for language (e.g. companies_SPAIN_ES.md)

Contracts are provided "as is" and there are no guarantees or warranties attached to them. If you want to use them, please do so at your own risk. We always recommend you seek independent, professional legal advice.

The Candidate Contract

This is the contract between an agent and the customer (candidate), where candidate gives a mandate (a set of orders and requirements) to agent. If agent opens a hiring process according to it and candidate is finally hired, the agent will receive a fee, a % of candidate's gross annual salary (first year salary), payable by candidate.

In this contract, you can:

• Define both candidate and agent info
• Set the candidate mandate
• Set the agent fee

We also have clauses to manage edge cases, such as: counter-offers, promotions or hiring processes not managed directly by the agent. We draft all clauses based on our very own 'candidate-centric' model.

The Company Contract

Sometimes, companies approach us looking for talent. In this case, we work as both talent agents and headhunters. This is a contract between an agent and the customer (company), where the company can define their need(s) (e.g. a job position with specific requirements). If agent opens a hiring process accordingly and a candidate is hired, the agent will receive a fee (% of candidate's gross annual salary (first year salary), payable by company.

In this contract, you can:

• Define both company and agent info
• Set the company needs
• Set the agent fee

We also have clauses to manage the entire hiring process. We draft all clauses based on our very own 'candidate-centric' model.

The Fee

Some people asked us why we didn't include a explicit fee in the contract templates. The answer is very simple: because they are templates.

These contract templates can be used by everyone, and everybody can decide which fee they want to charge. Nowadays, we charge 10% for both candidates and companies but the recruiting standard fee is around 15-20% or even 30%. It depends on the market and profiles.

Things to be Done

• 2.0 English translation of contracts for Spain jurisdiction
• 3.0 First version of contracts for UK jurisdiction
• 4.0 Spanish translation of contracts for UK jurisdiction
• 5.0 First version of contracts for US jurisdiction
• 6.0 Spanish translation of contracts for US jurisdiction

How to propose a Change

Please feel free to go ahead and fork the repository and create your own version. Later, if you have introduced changes that could improve the docs for general use, create a pull request from your fork.

Our lawyers will then review changes and, if it makes sense, we will merge your changes into the master repository and we will credit you. Thanks in advance for your collaboration!

Change Log

• 0.1 First Contracts Draft
• 0.2 License info added
• 0.3 English Review
• 0.4 Credits added
• 0.5 No-competition clause included
• 0.6 Info about "the Fee" included

License and Author Info

Our contracts and the rest of content in this repository are available under the GNU Free Documentation License 1.3 (FDL 1.3). See LICENSE.txt for more information.

Why we chose the FDL 1.3?

• It's viral. If you fork and modify these docs, your docs will be open too.
• This License preserves for the author and publisher a way to get credit for their work...
• ... whilst not assuming responsibility for further modifications made by others.

These contracts have been written by NoLegalTech:

• Email: [email protected]
• Twitter: https://twitter.com/NoLegalTech

More questions? Contact us:

• Email: [email protected]
• Twitter: https://twitter.com/getmanfred

Credits and Acknowledgments

Special thanks go to those who contributed to publish this repository:

• David Morillo, from HiringIT, who provided us the basic know-how to start to work with.
• Ben Naftzger, who debugged the readme final version.
• Pepe Doval, for his infinite patience teaching the legal team how to use Git :)
• José Antonio Espín, for his constant feedback to improve the first version of these contracts.

Made with ❤️ and sentidiño in Galicia, Spain.