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"Regency
Recruitment consistently exceeds my expectations. I know that
when I call them I will be presented with the best possible
candidates, in the shortest possible time, and am never
disappointed. I highly recommend them."
Patt Christopher
Vice President
Corporate Services
Tourism
Development Company Limited
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Terms of Business 2009
Terms & Conditions of Business – DECEMBER 2009
CONTENTS
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1 |
Introduction |
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2 |
General Terms |
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3 |
Confidentiality |
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4 |
Force Majeure |
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5 |
Governing Law |
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6 |
Introduction of Candidates |
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7 |
Liability and Responsibility |
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8 |
Payment Terms |
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9 |
Placement of Permanent Staff |
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10 |
Temporary Assignments – Monthly Rated |
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11 |
Temporary Assignments – Hourly, Daily and Weekly Rated |
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12 |
Disciplinary Action, Redundancy and Termination of
Temporarily Employed Candidates |
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13 |
Preparation and Ownership of Terms and Conditions
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14 |
FEE AND RATE INCREASE – EFFECTIVE 1st FEBRUARY
2010 |
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15 |
Signed Acceptance |
1.
INTRODUCTION
For the purposes of these Terms and Conditions of
Business, the following shall apply:
(i) Regency Recruitment Limited will be
referred to as ‘Regency’ or ‘us’ or ‘our’ or ‘we’.
(ii) The Client will be referred to as the
‘Client’ or ‘Employer’.
(iii)
Any individual referred or provided by Regency Recruitment Limited
for interviews, permanent, temporary or contract work, will be
referred to as the ‘Candidate’, which shall include singular and
plural, male and female.
(iv)
Terms and Conditions of Business will be referred to as ‘Terms’.
This
document sets forth the Terms under which Regency shall provide
Services to its Clients. For the purposes of these Terms, ‘Services’
shall include any accompanying material, documentation or
deliverables created in performance of the Services, and these Terms
shall apply to all contracts and agreements between Regency and its
Clients.
These
Terms shall apply for an indefinite period of time. Regency reserves
the right to change the Terms, with adequate notice to Clients, at
their discretion and in-keeping with accepted Industrial Relations
practices and the laws of Trinidad and Tobago.
2. GENERAL TERMS
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2.1 |
THE INTRODUCTION OF ALL CANDIDATES IS CONFIDENTIAL. |
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2.2 |
Regency shall not commence the search for a Candidate until
these Terms have been signed by the Client, and in the case
of permanent vacancies, the search for a suitable Candidate
shall begin upon receipt of the retainer fee. |
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2.3 |
Whilst Regency’s primary service is recruitment of
personnel, we do offer additional HR related and support
services, details of which can be provided on request and
which are also covered by these Terms. |
3. CONFIDENTIALITY
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3.1 |
Both parties shall keep in confidence all information
relating to the products, services, product plans, methods
of operations, trade secrets, business plans, business
opportunities, finances, know-how or personnel data and all
other confidential knowledge, data and information related
to the business and affairs of Regency and the Client
(“Confidential Information”) that may be acquired pursuant
to or in connection with this Agreement or the relationship
contemplated by this Agreement. |
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3.2 |
During and after the term of this Agreement, neither party
shall, without the prior written consent of an officer of
either party, publish, communicate, divulge or disclose any
of such Confidential Information. |
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3.3 |
Upon termination of the relationship, both parties shall
return records, data, notes, reports, material, equipment
and other documentation and other property, and all
reproductions of the same, furnished by Regency or The
Client or developed or prepared pursuant to the relationship
or relationships hereunder. |
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3.4 |
Notwithstanding the foregoing, it is agreed that
Confidential Information shall not include any information
which: (i) has become publicly known through no wrongful act
of either party; (ii) has been rightfully received from a
third party without restriction on disclosure and without
breach of any agreement; (iii) has been independently
developed as evidenced by appropriate documentation; (iv)
has been approved for release by written authorization ; or
(v) is required to be disclosed pursuant to a requirement of
law. |
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3.5 |
The existence of any agreements and the Terms hereof shall
not be disclosed to anyone other than those parties directly
involved, except by law or as may be necessary to establish
its rights hereunder or with prior written approval. |
4.
FORCE MAJEURE
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4.1 |
Regency shall not be liable for its failure to perform
hereunder due to contingencies beyond its reasonable
control, including but not limited to strike, riot, war,
fire, act of God, accident, plant breakdown not caused by
the fault or neglect of Regency, compliance with any law,
regulation or order, whether valid or invalid, of the
republic of Trinidad and Tobago or any other governmental
body or of any instrumentality thereof, whether now existing
or hereafter created. |
5.
GOVERNING LAW
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5.1 |
These Terms shall be governed by and construed in accordance
with the laws of the Republic of Trinidad and Tobago. |
6.
INTRODUCTION OF CANDIDATES
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6.1 |
The re-interviewing or employment of any Candidate in any
capacity, within 12 months of the initial introduction date,
will render the Client responsible for immediate payment of
our stated fee(s) outlined in Section 9. |
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6.2 |
The passing of details of a Candidate to any other Entity /
Employer, within 12 months of the initial introduction date
and which then results in employment (of any nature), will
render the Client / Employer responsible for our stated fee
outlined in Section 9. |
7. LIABILITY AND RESPONSIBLITY
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7.1 |
Regency takes all reasonable care in selecting and screening
Candidates, taking qualifications, work experience and
references in good faith. |
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7.2 |
Whenever possible, we verify Candidate details but shall not
accept any liability for loss, damage or claims whatsoever
arising from the introduction or employment of a Candidate. |
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7.3 |
If the Client entrusts a Candidate with money, security,
valuables or negotiable documents in any such respect, then
such matters will be at the sole risk of the Client and we
shall not be liable for any loss, action, proceedings,
claims or demands, financial or otherwise, arising from the
acts, omissions, negligence, fraud or other default on the
part of the Candidate. |
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7.4 |
Regency takes the health and safety of all candidates very
seriously and reserves the right to visit Client premises to
ensure a safe and healthy working environment is being
provided. The Client undertakes to supervise Candidates
assigned to them, sufficiently to ensure and be aware of its
satisfaction with the standards of workmanship. The Client
is responsible for :
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Ensuring the health and safety of Candidates while
engaged in Client business;
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Providing appropriate training, information and
supervision as mandated by OSHA 2004;
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Granting
Regency
access to review Client safety policies, prior to the
commencement of work of any Candidate. |
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7.5 |
If Regency is unable to confirm whether a Candidate has
completed an assignment, through failure of the Client to
communicate such, we accept no liability for overpayments of
salary. |
8. PAYMENT TERMS
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8.1 |
Unless and until we are notified of dissatisfaction, the
Client shall be deemed to be fully satisfied and shall pay
all invoices presented to them by Regency. |
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8.2 |
Regency reserves the right to ask new Clients to provide
proof of ability to pay invoices. This can include, but will
not be limited to, banking details and existing and /
or past supplier references. |
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8.3 |
Regency reserves the right to refuse credit to any Client at
any time. |
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8.4 |
Any Client who fails to pay invoices within the agreed time,
may be subject to interest and / or referral to a debt
collection agency. Any costs incurred in this regard shall
be passed on to the Client. |
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8.5 |
VAT at 15% shall be added to all prices quoted. |
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8.6 |
All figures in these Terms are quoted in Trinidad and Tobago
dollars. |
9. PLACEMENT OF PERMANENT STAFF
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9.1 |
All fees for permanent placements shall be invoiced as soon
as the Candidate commences work. |
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9.2 |
Invoices are payable within thirty (30) days of invoice
date, unless otherwise agreed. |
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9.3 |
The fee for the acceptance of a Candidate into a permanent
position by the Client will be the equivalent of one (1)
month’s salary. |
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9.4 |
A non-refundable retainer fee of $500 is payable upon
registration of a permanent vacancy with Regency.
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9.5 |
Upon successful placement of a Candidate with the Client,
the retainer fee will be deducted from the placement fee. |
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9.6 |
If a Candidate leaves the Clients employ within the first
ten (10) weeks of their permanent employment, Regency shall
replace the Candidate at no additional charge, provided all
fees have been paid. If we are unable to successfully
replace the Candidate, the Client shall be entitled to a
refund, provided all fees have been settled, as follows:
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1 week worked .. 90% refund |
2 weeks worked .. 80% refund |
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3 weeks worked .. 70% refund |
4 weeks worked .. 60% refund |
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5 weeks worked .. 50% refund |
6 weeks worked .. 40% refund |
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7 weeks worked .. 30% refund |
8 weeks worked .. 20% refund |
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9 weeks worked .. 10% refund
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10 weeks worked .. 0% refund |
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|
9.7 |
Any part of a week worked is deemed to be a full week.
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9.8 |
To qualify for a refund, the Client must notify us in
writing or by email, details of the failure of the Candidate
to meet expectations. |
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9.9 |
Regency can provide additional services, such as advertising
vacancies on a Client’s behalf, at additional cost. |
10.
TEMPORARY ASSIGNMENTS – MONTHLY RATED
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10.1 |
Regency shall charge a monthly rate for each Candidate
working on assignment for one (1) month or more.
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10.2 |
This rate includes the Candidate’s base salary, employer NIS
contribution and Regency’s administrative charges. |
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10.3 |
There shall be no adjustments for overtime and / or time not
worked unless specifically agreed beforehand with the Client
and Candidate. |
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10.4 |
All leave payments shall be added to the monthly rate. These
include, but are not limited to, vacation, sick and
maternity leave; and shall only be applied once the
Candidate is eligible and / or the leave is taken. |
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10.5 |
Severance and other entitlement payments shall be added to
the monthly rate when they apply. |
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10.6 |
Regency reserves the right to charge for additional
services, with the client’s prior consent. |
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10.7 |
The monthly rate shall be applied to any group of five (5)
or less Candidates. Rates for larger groups may be
negotiated. |
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10.8 |
Candidate contracts may be extended provided adequate
written or email notice is given by the Client :
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Contracts under three (3) months – two (2) weeks
notice required
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Contracts over three (3) months – four (4) weeks
required |
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10.9 |
Candidate contracts should run for no longer than three (3)
years, at which time the Client shall be asked to consider
the Candidate for permanent employment. If permanent
employment cannot be provided, Regency reserves the right to
reassign the Candidate to another Client. |
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10.10 |
During the contract period, Regency shall administer
Candidate salaries, including deductions and remittance of
statutory payments. |
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10.11 |
The Client is responsible for payment of Regency invoices as
contracted to ensure prompt payments to Candidates. This
includes but is not limited to salaries, expenses, bonuses,
commissions and other payments owed to Candidates.
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10.12 |
Failure to pay Regency invoices, on time and as agreed, may
result in cancellation of contract(s) and / or non-payment
of salaries, bonuses, expenses or other payments owed to
Candidates. |
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10.13 |
Participation in the Regency corporate Health Plan is
available to all Candidates who are engaged in contracts of
twelve (12) months or longer, with the Client’s consent.
Health Plan contributions are not included in the quoted
monthly rate. |
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10.14 |
If a Candidate has worked with the Client on a temporary
basis and the Client wishes to employ them permanently, the
stated placement fee (Section 9) is due, regardless of the
length of time the Candidate was employed on a temporary
basis. |
11. TEMPORARY ASSIGNMENTS – HOURLY, DAILY OR WEEKLY RATED
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11.1 |
Rates for the hire of Candidates are subject to approval of
the Chief Executive Officer and effective at the time of
confirmation of the assignment. |
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11.2 |
The Client is subject to pay the rates for Candidates as
agreed. |
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11.3 |
The Client shall be billed for no less than one (1) working
day. |
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11.4 |
A standard working day is eight (8) hours. |
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11.5 |
Overtime will be charged once prior agreement has been given
by the Client, who shall be charged for any work in excess
of contracted / regular hours of work. Recommended overtime
rates are as follows:
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For
overtime worked beyond eight hours on a contracted
working day |
First
four (4) hours |
One (1)
and one half (.5) times hourly rate |
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Second
four (4) hours |
Two (2)
times hourly pay |
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Thereafter |
Three
(3) times hourly pay |
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For
time worked on day off |
First
eight (8) hours |
Two (2)
times hourly pay |
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Thereafter |
Three
(3) times hourly pay |
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For
time worked on Sunday (once not a contracted work
day) |
First
eight (8) hours |
Two (2)
times hourly pay
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Thereafter |
Three
(3) times hourly pay
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For
time worked on public holiday (once not a contracted
work day) |
First
eight (8) hours |
Two (2)
times hourly pay |
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Thereafter |
Four (4)
times hourly pay |
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11.6 |
Charges representing remuneration fees and expenses related
to temporary assignments are invoiced weekly and must be
paid within seven (7) days from the invoice date, unless
otherwise agreed with the Client. |
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11.7 |
The Client shall sign Timesheets provided. Such signature
shall be deemed conclusive that the Client was satisfied
with work done and shall pay all charges in full and without
dispute or deduction. |
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11.8 |
Failure by the Client to sign any time sheet or charge
sheet, shall not preclude Regency invoicing in full for all
time worked by the Candidate. |
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11.9 |
Regency reserves the right to charge for additional
services, with the client’s prior consent. |
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11.10 |
If a Candidate has worked with the Client on a temporary
basis and the Client wishes to employ them permanently, the
stated placement fee is due (Section 9) regardless of the
length of time the Candidate was employed on a temporary
basis. |
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11.11 |
Failure to pay Regency invoices, on time and as agreed, may
result in cancellation of contract(s) and / or non-payment
of salaries, bonuses, expenses or other payments owed to
Candidates. |
12. DISCIPLINARY ACTION, REDUNDANCY and TERMINATION OF
TEMPORARILY EMPLOYED CANDIDATES
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12.1 |
Candidates shall be employed by Regency and provided to the
Client for a specific period of time, to perform specific
work under specific conditions. |
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12.2 |
The Client cannot unilaterally terminate the employment of
any Candidate employed through Regency. |
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12.3 |
If retrenchment of a Candidate is being contemplated, this
must be communicated to Regency immediately. Notice as
specified in the related contract / agreement, the relevant
laws of Trinidad and Tobago and / or appropriate salary in
lieu of notice must be given / paid to Regency before
employment can be terminated. |
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12.4 |
Regency is the Employer
so if
the
Candidate
is accused of a crime or offence; fails or refuses to comply
with the written policies or reasonable directive of the
Client; is guilty of serious misconduct in connection with
performance hereunder; or materially breaches provisions of
their contract -
this must be communicated to Regency immediately by the
Client.
Regency will then determine appropriate action, based on
accepted principles and practices of good industrial
relations. |
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12.5 |
Regency should be included in all mediations, interventions
or discussions related to
Candidate
performance, terms, conditions and contract. |
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12.6 |
Regency reserves the right to hold the Client liable for :
a)
failing to communicate with Regency immediately
anything related to the above;
b)
taking any disciplinary action against the
Candidate
without discussion with Regency;
c)
payment of any wrongful dismissal or other claims
which the Candidate may lodge as a result of (b).
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13. PREPARATION AND OWNERSHIP OF TERMS AND CONDITIONS
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13 |
These Terms and Conditions of Business were authored, edited
and approved by Lara Quentrall-Thomas, Chief Executive
Officer of Regency Recruitment Limited, on 3rd
February 2009 and shall replace all previous Terms and
Conditions of Business. They are the property of Regency
Recruitment Limited and may not be altered or copied in any
way without the express permission of Regency Recruitment
Limited. |
14. FEE
AND RATE INCREASE – EFFECTIVE 1st FEBRUARY 2010
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14.1 |
TEMPORARY AND CONTRACT PLACEMENTS
The mark-up shall be changed to:
·
Salaries at or
below TTD 18,000 per month: TTD 1,800 plus Employer NIS plus
paid leave plus VAT per month.
·
Salaries from TTD
18,001 per month: 10% of base salary plus Employer NIS plus
paid leave plus VAT per month. |
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14.2 |
PERMANENT PLACEMENTS
The placement fee for permanent
recruitment shall be changed to:
·
Salaries at or
below TTD10,000 per month: One months’ salary plus VAT.
·
Salaries above
TTD10,001 per month: One and a half months’ salary plus VAT. |
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