Overseas Recruitment Partnership Agreement

What a good one includes

• A precise breakdown of duties for both the sending and receiving agency, detailing who handles candidate sourcing, initial screening, and final visa coordination.
• A clear payment schedule outlining how commissions are divided, the currency of transaction, and the exact triggers for invoice generation.
• A clause requiring both parties to maintain active local recruitment licenses and adhere to the immigration laws of both the source and destination countries.
• Explicit terms detailing the financial or recruitment remedies if a candidate resigns, is terminated, or has their visa denied within a specified probationary period.
• Strict guidelines on how candidate resumes, background checks, and personal identification documents are securely stored and shared across borders.
• A designated jurisdiction and method, such as international arbitration, to resolve any contractual disagreements without halting operations.

Common mistakes to avoid

• Many agencies fail to define the exact moment a placement fee is earned, leading to bitter disputes over whether payment is due upon visa approval, the candidate's physical arrival, or their first day of work.
• Partners often assume the other party is fully licensed to recruit or operate migration services in their respective country, which can result in severe regulatory fines or voided contracts.
• Failing to include strict anti-fee-charging clauses to ensure partners do not illegally charge desperate candidates for job placements can ruin your agency's reputation and violate international labor standards.
• Agencies frequently share sensitive candidate passports and background checks via insecure channels, failing to establish the legally required data processing agreements for cross-border transfers.

Frequently asked questions