Replacement Candidates Sample Clauses
The Replacement Candidates clause outlines the process and requirements for providing substitute personnel when originally assigned individuals are unavailable or need to be replaced. Typically, this clause specifies the qualifications that replacement candidates must meet, the timeframe for proposing replacements, and the approval process by the client or contracting party. Its core function is to ensure continuity and maintain service quality by establishing clear expectations and procedures for substituting key staff, thereby minimizing disruptions to the project or service delivery.
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Replacement Candidates. 9.1 No rebate of Placement Fees shall be made. Should the employment or engagement of a Candidate terminate within a period of twelve (12) weeks (including the Candidate’s period of contractual notice with the Client) from the Candidate’s employment commencement date with the Placement, Aurora Resourcing and Talent shall use reasonable endeavours to seek a replacement Candidate on the condition that:
a. the Candidate leaves of their own volition and not due to any redundancy measures, change in job description or change in work conditions.
b. Aurora Resourcing and Talent ’s invoices have been settled in accordance with these Terms and Conditions.
c. the Client has complied with its obligations to the Candidate including its obligations under any relevant law.
d. the request is given exclusively To Aurora Resourcing and Talent to replace the Candidate.
e. the replacement role is the same as the initial Placement; and
f. Aurora Resourcing and Talent is informed in writing that the Candidate is no longer to be engaged by the Clientwithin fourteen (14) days of such decision being made.
9.2 Aurora Resourcing and Talent onlyoffers such replacement for the initial Candidate placed with the Client in whatevercapacity. No replacement for the replacement Candidate in whatever capacity shall be provided.
9.3 If the Salary Package of the replacement Candidate changes from that provided to the original Candidate, the invoiced amount will be adjusted accordingly.
9.4 The offer of searching for a replacement Candidate (where the circumstances noted in clause 9.1 are satisfied) will be valid for a period of two (2) months from the date of termination of the initial Candidate, after which Aurora Resourcing and Talent is not obliged to offer such a replacement.
9.5 This clause 9 shall constitute the exclusive remedy for the Client with regards to a Candidate’s engagement terminating in the circumstances set out in clause 9.1.
Replacement Candidates. 9.1 No rebate of Placement Fees shall be made. Should the employment or engagement of a Candidate terminate within a period of nine (9) weeks (including the Candidate’s period of contractual notice with the Client) from the Candidate’s employment commencement date with the Placement, RW shall use reasonable endeavours to seek a replacement Candidate on the condition that:
a. the Candidate leaves of their own volition and not due to any redundancy measures, change in job description or change in work conditions;
b. RW’s invoices have been settled in accordance with these Terms and Conditions;
c. the Client has complied with its obligations to the Candidate including its obligations under any relevant law;
d. the request is given exclusively to RW to replace the Candidate;
e. the replacement role is the same as the initial Placement; and
f. RW is informed in writing that the Candidate is no longer to be engaged by the Client within fourteen (14) days of such decision being made.
9.2 RW only offers such replacement for the initial Candidate placed with the Client in whatever capacity. No replacement for the replacement Candidate in whatever capacity shall be provided.
9.3 If the Salary Package of the replacement Candidate changes from that provided to the original Candidate, the invoiced amount will be adjusted accordingly.
9.4 The offer of searching for a replacement Candidate (where the circumstances noted in clause 9.1 are satisfied) will be valid for a period of two (2) months from the date of termination of the initial Candidate, after which RW is not obliged to offer such a replacement.
9.5 This clause 9 shall constitute the exclusive remedy for the Client with regards to a Candidate’s engagement terminating in the circumstances set out in clause 9.1.
Replacement Candidates. For job titles in Lots 1, 4, 5, 7, 8, 9 and 10 the Contractor must recommend a replacement Candidate within two (2) workdays of request from an Authorized User. For job titles in Lots 2, 6 and 11, the Contractor must recommend a replacement Candidate within one (1) workday of request from an Authorized User. The Authorized User may review Contractor’s selection process and/or Candidate resumes. If a Contractor cannot provide a replacement Candidate within that time then the Authorized User will consider the request unfulfilled. Thereafter, the Authorized User may make a request for a Candidate from the next best value quote received in response to their RFQ (if RFQ responses are still open and valid), or in the alternative, the Authorized User may issue a new RFQ for a replacement Candidate. A background check, if requested by the Authorized Users, must be provided as per Attachment 11 – Background Check Requirements on the replacement Candidate before they begin working. However, at the discretion of the Authorized User, the replacement Candidate may begin work before the background check is completed, with the issuance of a written waiver by the Authorized User to the Contractor. If the Candidate’s Master File contains educational background verification and social security number verification, then these items may be omitted from the copy of the initial background check provided to the Authorized User, if the Authorized User advises it does not need this information. If the Master File contains employment verification from previous engagements with the State, then employment verification is only required to be updated going back to the previous verification included in the Master File.
Replacement Candidates. The first Candidate employed by Client under this Agreement shall be referred to as the “Original Candidate.” Subject to Agency’s termination option provided below, if Client terminates the employment of the Original Candidate or the Original Candidate resigns during the Term, Agency shall provide Search Services so that Client may elect to employ one (1) replacement Candidate (“Replacement Candidate”) as provided below. For Category A Services, Client shall be entitled to one (1) Replacement Candidate without paying an additional Placement Fee (as defined below) if such Replacement Candidate is selected and hired within sixty (60) days after Original Candidate starts providing the Household Services to Client. For Category B Services, Client shall be entitled to one (1) Replacement Candidate (i) without paying an additional Placement Fee if such Replacement Candidate is selected and hired within sixty (60) days after Original Candidate starts providing the Household Services to Client; or (ii) at a Placement Fee equal to (x) the applicable Placement Fee for the Replacement Candidate minus (y) fifty percent (50%) of the Placement Fee for the Original Candidate if such Replacement Candidate is selected and hired between sixty (60) and one hundred eighty (180) days after Candidate starts providing the Household Services to Client; or (iii) at a Placement Fee equal to (x) the applicable Placement Fee for the Replacement Candidate minus (y) twenty five percent (25%) of the Placement Fee for the Original Candidate if such Replacement Candidate is selected and hired between one hundred and eighty one (181) and three hundred and sixty five (365) days after Candidate starts providing the Household Services to Client. In no event shall Agency be obligated to locate more than one Replacement Candidate for Client. This replacement fee schedule is summarized in the following chart:
Replacement Candidates. 6.1 Subject to clause 6.2 below, if a Candidate terminates, or AlbionVC portfolio company lawfully terminates, an Engagement within nine months of commencement the Altima will provide the Recruitment Services for AlbionVC portfolio company again, at no additional charge.
6.2 In order for Altima to provide the Recruitment Services again for a “Replacement Candidate” the following provisions apply:
6.2.1 all moneys due under the Agreement must have been paid by AlbionVC portfolio company in accordance with clause 5.17 above;
6.2.2 termination is not as a result of redundancy, injury, or ill-health or by reason of discrimination against the Candidate under the Equality Act 2010, or any other circumstances beyond the Candidate’s control;
6.2.3 termination has not arisen where AlbionVC portfolio company has entered into the Engagement with the prior or likely intention of disposing with the Candidate’s services or terminating employment either without proper cause or with a view to obtaining a refund unfairly;
6.2.4 AlbionVC portfolio company notifies Altima in writing of the termination of the Engagement within seven days.
6.3 No Replacement Candidate will be available if the Engagement, in the opinion of ▇▇▇▇▇▇, differs substantially from the Role that was offered to and accepted by the Candidate; including (without limitation) changes in type of work, responsibilities and location.
