Terms and Conditions
- These Terms and Conditions of Business of constitute the Agreement
between HR China International, which is acting as an employment agency for the
introduction and supply of permanent or temporary staff,
and the Client (hereinafter referred to as the "Employer").
- In these Terms and Conditions of Business the word "Introduction" means
the presentation in written or oral form of a candidate for employment
(the "Candidate") by HR China International to the Employer
for potential permanent or temporary employment, whether or not the Employer knew of the
Candidate previously unless the Employer can provide clear evidence that they
were actively considering the Candidate for employment prior to the Introduction.
- In the absence of any express or implied prior acceptance of these
Terms and Conditions of Business by the Employer, the Employer is deemed
to agree and accept these Terms of Conditions of Business by virtue of
an interview of a Candidate introduced by
HR China International
or the agreement to employ a Candidate introduced by
HR China International.
- A Fee is payable to HR China International by an Employer
for the Introduction of a Candidate who is hired by the Employer.
- The Employer engages to settle the Fee payable immediately in whatever
capacity the Employer hires the Candidate. A Contract will exist between
HR China International and the Employer if any
appointment of a Candidate is made within 12 months following
the Introduction or any subsequent Introduction.
- Fees are calculated at 20% of gross annual salaries including bonus and
allowances ("Total Monetary Compensation") and their equivalent in
Ren Min Bi or other currencies, unless expressly varied by
HR China International in writing
prior to the commencement of any services.
- In the event that a Candidate is hired by the Employer for a
fixed term period of less than 12 months, the Fee shall be
calculated based on the Total Monetary Compensation for
the period of hire. If the term of the hiring is extended
beyond the initial fixed term or if the Employer re-engages
the Candidate within 6 calendar months from the end of the
first term the Employer shall be liable to pay a further Fee
based on the additional Total Monetary Compensation for the
period of hiring following the initial fixed term up to the
termination of the second period of hiring or the first
anniversary of its commencement, whichever is the sooner.
- When a Candidate is hired by the Employer, the Employer shall
provide HR China International without delay
with full details of the Total Monetary Compensation agreed
with the Candidate.
- HR China International will prepare
and issue an invoice based on the Total Monetary Compensation
and the agreed Fee rates. Fees are payable by the Employer
on receipt of an invoice from
HR China International.
- The Employer will be notified in the invoice if Value Added Tax,
or any other local taxes, are applicable, and at what rates.
These taxes are not refundable to the Employer by
HR China International.
- There is no fee chargeable for provision of anonymous CV data.
- Introductions are confidential and restricted to the individual
Employer. If the Employer or their representative or employee
refers the Candidate to any other person, firm or corporation
within 12 months of the initial Introduction and the Candidate
is then hired by that person, firm or corporation the Fee will
become payable by the Employer. In the case of a Candidate
hired by an affiliate enterprise or subsidiary of the Employer
then subject to prior written agreement with
HR China International,
the Fee may be paid by the affiliate enterprise or subsidiary.
- HR China International can accept no
liability or damage to property or for any other loss including
loss of profits or for any injury to persons arising directly
or indirectly from any act or omission of any Candidate
introduced by HR China International even if such act
or omission is negligent, fraudulent or dishonest.
- These Terms and Conditions may only be varied by a Director
of HR China International in writing.
- The unsuitability of any Candidate should be notified in writing
immediately to HR China International.
- In the event of the employment of Candidate who has been
hired by the Employer being terminated for reasons other
than redundancy in the first eight week period following the
start of employment, HR China International
will refund 12.5% per full week remaining until the end
of the eight week period up to a maximum of 87.5% of
the Fee less a management charge of £250. Valued Added Tax
and any local other taxes are not refundable.
- The interpretation and performance of these Terms and Conditions
of Business will be governed by the Law of England.