RECRUITMENT TERMS OF SERVICE
L’AINE SERVICES LIMITED is a human resource service provider hereafter referred to as L’AINE.
Your organization, hereafter referred to as THE CLIENT, wishes to engage the services of L’AINE for the recruitment of staff that will assist in the running of its operations in Ghana.
A- OBLIGATIONS OF THE CLIENT
1. L’AINE’s service charge for placement of a candidate is one month’s gross salary for the said position.
2. THE CLIENT has understood that payment of an initial non-refundable deposit of 30% of the total service charge is required and is submitted with the Requisition Form (RF).
A second installment payment of 30% of the total service charge is made after the presentation of selected candidates for interview.
The remainder of the service charge payment (40% of the total service charge) is to be paid to L’AINE on receipt of L’AINE’s invoice.
3. THE CLIENT shall advise L’AINE of its Qualification Standards (QS), trade tests, or board requirements, cost of which shall be borne by the client.
4. THE CLIENT shall notify L’AINE within two weeks of receipt of CVs, their selection of candidates and also when an offer of engagement is made and accepted.
5. THE CLIENT agrees to undertake all administrative matters concerning the employee, including all the contractual issues regarding his/her employment after THE CLIENT has made its selection.
6. THE CLIENT shall pay L’AINE within one week upon receipt of L’AINE’s invoice.
7. L’AINE’sobligation ends after THE CLIENT has selected a candidate from the shortlist of candidates provided. Retention of candidates does not form part of the mandate of this contract.
8. The candidate becomes THE CLIENT’s employee after its officials have made a final selection of a preferred candidate, from the shortlist(s) provided by L’AINE, and has paid L’AINE in full for the recruitment services.
9. Should THE CLIENT request L’AINE to discontinue the search, the 30% deposit will not be refunded.
10. THE CLIENT shall have final authority on the selection of applicants from the shortlists presented by L’AINE.
11. L’AINE reserves the right to refer the candidate to another employer should its recruitment charges not be settled in full.
B- OBLIGATIONS OF L’AINE
1. THE CLIENTwill liaise with L’AINE to identify the exact nature of the position in terms of qualifications, experience, job description and responsibilities, to determine the appropriate candidate for the required position.
2. L’AINE agrees not to divulge any information with respect to this Agreement to any other party or use it for other gains.
3. L’AINE shall provide recruitment services which shall include the following activities:
i. identification of appropriate candidates for the position required;
ii. effective screening of the applications to satisfy the requirements specified in the job description;
iii. presentation of a shortlist of a minimum of 3 candidates considered most likely to meet THE CLIENT’s needs.
4. L’AINE agrees to provide to THE CLIENTsuitable CVs for review/evaluation against the position requested to be filled, within a reasonable mutually agreed period.
5. If THE CLIENT does not find a suitable candidate from the shortlist provided, L’AINE shall provide another set of candidates until THE CLIENT finds the right candidate for the job or requests that L’AINE discontinues the search.
C- OBLIGATIONS OF BOTH PARTIES
1. Any of the two parties may initiate the review or reaffirmation of this Agreement. In the event of it being affected by national policies or future legislations, this Agreement shall be amended or modified accordingly, upon mutual consent of both parties.
2. These terms do not affect the contract of employment between the employer (THE CLIENT) and employee selected by THE CLIENT.
3. The rights, privileges and obligations of the parties under this Agreement and under any transaction shall not be assigned by either party without the prior written consent of the other party.
4. No variation modification or amendment to this Agreement or oral promise or commitment related thereto shall be valid unless it is in writing and signed by duly authorized representatives of the parties.
5. No waiver by either Party of any one or more breaches of this Agreement by the other Party shall operate or be construed as a waiver of any future default or defaults by the same Party. Neither Party shall be deemed to have waived, released, or modified any of its rights under this Agreement unless such Party has expressly stated, in writing, that it does waive, release or modify such rights.
6. All communications and notices provided for hereunder shall be in writing and shall be personally delivered to the Parties or transmitted by facsimile, e-mail or telephone. Except otherwise specified herein, all notices shall be deemed duly given on the date of receipt, if personally delivered and on the day of transmission as evidenced by the confirmation copy, if transmitted by facsimile or e-mail. Any party may change its address for purposes hereof by written notice to the other party.
7. This Agreement shall be governed by and construed in all respects in accordance with the laws of the Republic of Ghana.
8. Any dispute, controversy claim or interpretation arising out of or relating to this contract or the breach of this contract, shall be finally settled by arbitration under the auspices and rules in the Ghana Arbitration Centre by one or more arbitrators appointed in accordance with the Rules of the Ghana Arbitration Centre if the 2 parties failed to reach amicable solution by themselves.