International Recruitment Partnership MOU

An MOU is generally a non-binding agreement that outlines intent, but specific clauses within it can be made legally binding. Clauses regarding confidentiality, fee schedules, intellectual property, and candidate ownership are typically written as legally enforceable terms to protect both parties. The document should explicitly state which sections are legally binding and which serve as non-binding statements of cooperation.

The employer typically covers government immigration and visa processing fees, while the agency handles local documentation gathering on the candidate's side. The MOU must explicitly state who pays for travel, medical exams, and translation services to prevent unexpected delays. Detailing these costs upfront prevents financial disputes from stalling the onboarding process.

A standard MOU includes a probationary guarantee period, usually between 90 to 180 days from the hire's start date. If the candidate leaves or is terminated for cause during this window, the agency must provide a qualified replacement at no additional service cost. Alternatively, the agreement can specify a pro-rated refund of the placement fee if a suitable replacement cannot be found within a set timeframe.

The agreement contains an explicit employer-pays provision that forbids the agency from charging recruitment or placement fees directly to the candidates. This protects your organization from violating international labor standards, such as the Dhaka Principles on Migration with Dignity. Including audit rights allows your company to verify that the agency is maintaining ethical recruiting practices on the ground.