Recruitment Agreement

A recruitment agreement records a multi-stage recruitment program with a hiring partner, candidate protections, fee controls and employer oversight within an employment relationship and defines administration, payment and exit terms.

A useful document turns the parties' actual arrangement into measurable duties, approvals, timing, remedies, and a reliable execution record. Its terms should be reconciled to the transaction rather than copied from an unrelated form.

• An employer uses an intermediary to recruit overseas workers
• A seasonal employer coordinates a regulated recruitment campaign
• A company oversees subcontracted candidate sourcing across countries

The document name alone does not determine the right structure. Consider a different instrument or qualified legal review when any of these conditions applies:

• Do not use this agreement for a single-role contingent search with no program-level recruitment chain.
• Do not use this agreement for an immigration filing without qualified immigration counsel.

Record exact facts before clauses are written. Names, authority, dates, amounts, defined terms, dependencies, and incorporated materials should be verifiable and consistent.

• Employer, employee and eligibility facts: jobs, locations, recruiting territories and each intermediary in the chain.
• Performance and administration: advertising, candidate information, interviews and selection reports.
• Compensation and cost treatment: employer-paid recruiter compensation, prohibited worker charges and audit rights.
• Legal and policy constraints: equal opportunity, immigration-program conditions and candidate complaint process.

These decisions shape the allocation of responsibility and should not be left for boilerplate to decide:

• Which parties may approach candidates
• How downstream agents are monitored
• Who bears recruiting and visa-related fees
• How complaints and improper charges are remedied

• Eligibility, effective period and core arrangement for a multi-stage recruitment program with a hiring partner, candidate protections, fee controls and employer oversight.
• Duties and administration covering advertising, candidate information, interviews and selection reports, approvals, changes and records.
• Compensation, benefits, reimbursements and payroll rules for employer-paid recruiter compensation, prohibited worker charges and audit rights.
• Compliance and worker protections addressing equal opportunity, immigration-program conditions and candidate complaint process, controlling law and incorporated policies.
• Changes, termination and separation rules covering removal of a recruiter, worker remediation and records retention, notices, final accounting and survival.

Every provision should use the same parties, dates, standards, defined terms, and document hierarchy. A clause that is reasonable by itself can still create a conflict when it is not reconciled with payment, default, termination, or another exhibit.

1. 01Describe the intended result and the relationship in plain language.
2. 02Confirm parties, authority, governing jurisdiction, dates, money, property, services, and approvals.
3. 03Resolve the key decisions and identify every schedule, exhibit, disclosure, consent, or filing.
4. 04Draft the provisions as one consistent system, then review the complete execution set before signature.

A prohibition on worker-paid fees is weak if the employer cannot see or audit the downstream recruiting chain.

The main agreement may establish the framework while schedules, exhibits, disclosures, consents, or operational records supply transaction-specific details.

• Recruitment plan and job terms
• Recruiter chain and fee attestations
• Candidate disclosures and complaint log

Each incorporated document should be identified precisely, use the same names and effective date, and follow a stated order of precedence if terms conflict.

Confirm jobs, locations, recruiting territories and each intermediary in the chain and reconcile this agreement with payroll, benefits and personnel records. Attach the recruitment plan and job terms; configure approvals for advertising, candidate information, interviews and selection reports; document the treatment of employer-paid recruiter compensation, prohibited worker charges and audit rights and equal opportunity, immigration-program conditions and candidate complaint process. On a change or separation, apply removal of a recruiter, worker remediation and records retention under the governing jurisdiction.

• Confirm legal names, roles, capacity, addresses, and signing authority
• Reconcile dates, amounts, definitions, cross-references, schedules, and exhibits
• Confirm that duties, deadlines, approvals, acceptance standards, and payment triggers are measurable
• Check that default, termination, remedies, and surviving obligations work together
• Complete jurisdiction-specific forms, notices, witnesses, notarization, filings, or professional review when applicable
• Deliver and preserve the complete signed package with its incorporated documents

These sources provide federal, state-resource, regulatory, or institutional context. They do not replace checking the law and required forms applicable to the parties, transaction, and governing jurisdiction.

1. Source 1

   Fact Sheet #78B: Recruiting Requirements under the H-2B Program

   U.S. Department of Labor. Official recruiting and applicant-disposition duties for employers using the covered H-2B program.

2. Source 2

   Field Assistance Bulletin No. 2011-2: H-2A and H-2B recruitment fees

   U.S. Department of Labor. Official enforcement guidance on prohibited recruitment fees and recruiter-chain duties in covered H-2A and H-2B programs.

3. Source 3

   Prohibited Employment Policies/Practices

   U.S. Equal Employment Opportunity Commission. Summarizes federal discrimination rules affecting recruiting, hiring, job assignments and compensation.