Definitions
“Agency” shall mean “Helping Hand”.
“Candidate” shall mean any person registered with Helping Hand
for the purpose of seeking employment.
“Client” shall mean any person or company registered with Helping
Hand for the purpose of seeking someone to employ a Candidate.
Preamble
Once the Client is registered with the Agency, by virtue of
requesting the services of the Agency, the Client is deemed to have
understood and accepted the terms and conditions set out below.
Agency Obligations
1. The Agency will make every effort to provide the Client with the
best-suited Candidate to meet the needs and requirements of the
Client.
2. Should the Client request the services of a given Candidate, the
Agency will provide a contract, with terms and conditions relative to
the work of the Candidate.
3. The Agency shall keep the Client’s details strictly confidential as
required by RODO regulations in force at the time.
Client Obligations
1. The Client is obliged to provide the Agency with all the required
information, about themselves, what position they need a
Candidate to fulfill, and any other information required by the
Agency to carry out its obligations.
2. The Client is under no obligation to employ any Candidate
proposed by the Agency.
3. Should the Client request the services of a Candidate, the Client
must so inform the Agency without delay.
4. In the case of a foreign employee, the Client is obliged to ensure
that the Candidate is legally entitled to work in Poland, although
reasonable measures will be taken by the Agency to provide the
Client with a Candidate with the appropriate permissions as
required.
5. The Client is obliged to sign a contract of employment with the
Candidate but understands that the signing of the contract of
employment is a formality outside the scope of responsibility of the
Agency and, once the Client has made an offer that the Candidate
accepts, the Candidate is viewed by the Agency as an employee of
the Client.
6. The Client is obliged to send a copy of the Contract of
Employment to the Agency, before the Candidate commences
work.
7. The Client shall keep all Candidates’ details strictly confidential.
Any breach of this condition which results in a Candidate accepting
an offer of employment by a third party renders the Client liable for
full payment of the Agency’s fees.
Fees
1. All stipulated fees are quoted in PLN net of VAT tax.
2. VAT is payable at a rate of 23 percent in addition to all fees and
is subject to change in accordance with any changes in the current
VAT rate.
Placement Fees
The Client agrees to the payment of a non-negotiable placement
fee as follows
1. In the case of a Permanent placement, the fee is equal to 80%
of one month's salary of the Candidate.
2. In the case of a Shared placement, the Client will be liable for
the proportion of fees corresponding to the proportion of time the
Candidate works for the Client.
3. In the case of a Dual placement, the Client will be liable for the
paymentof one full placement fee for the first candidate and 50% of
the placement fee for the second candidate.
4. The Client will also be liable for the payment of the above
placement fees, should the Candidate be employed by a Third party
to whom the Candidate is referred by the Client.
5. The Client becomes liable for paying the placement fee once the
Client has requested the services of a Candidate, and the
Candidate has accepted the offer of employment.
6. The Client is required to pay the placement fee within 7 days
from the date of invoice issued by the Agency.
7. If the Client fails to pay the Agency within the stipulated time, the
Agency will take legal action against the Client for all outstanding
fees, including for the recovery of any expenses incurred.
Retainer
If the Client cannot provide the conditions for the Candidate to
commence work on the agreed starting date, then the Client will be
liable to pay the Candidate a retainer of 50% of the agreed salary
from the original agreed commencement date in order to secure the
placement.
Three month guarantee period
If the Client lawfully terminates the employment of a Candidate
within three months of commencement of duties, the Agency will do
their best to provide a suitable, replacement Candidate. In such a
case, the Client will not be liable for paying a renewed placement
fee. However, in the unlikely event of the Agency not being able to
provide an alternative suitable Candidate, the Agency is not liable
to refund the initial placement fee paid by the Client.
Cancelation policy
1. Cancellation by the Client
If the Client cancels the Candidate’s employment before the
Candidate commences work, the Client is still liable to pay the full
placement fee.
This is because the Agency has already provided the Client with the
service of finding them a suitable Candidate.
2. Cancellation by the Candidate
If the Candidate terminates the employment before or after
commencing work, the Agency will use its best endeavours to find
the Client another Candidate, free of charge. However, in the
unlikely event of the Agency not being able to provide another
suitable Candidate, the Agency will not be held liable to refund
the placement fee.
Disclaimer
The Agency does not accept any responsibility and/or liability in
terms of any wrongful information or unintentional
misrepresentation concerning the Candidate, nor shall they be
liable for any loss or damage incurred or suffered by the Client
resulting from any act or omission of a Candidate, whether
intentional or through negligence.