Common use of Replacement Guarantee Clause in Contracts

Replacement Guarantee. (a) Our Replacement Guarantee period for Permanent Recruitment is 12 weeks from the candidate’s start date. (b) The Replacement Guarantee means that we will use our reasonable commercial endeavours to find a replacement candidate for the position and it will only apply if: i. You have paid our fees in accordance with these Terms; and ii. Your request to replace the candidate is given to us within one (1) week of the candidate’s termination; and iii. Your request to replace the candidate is given to us exclusively and in the case of Permanent Recruitment for not less than one (1) month following your request; and iv. The original job specification is unchanged; and v. In the case of Permanent Recruitment, either you or the candidate terminates their employment; or vi. In the case of Fixed Term assignment is for 52 weeks or more. (c) The Replacement Guarantee will not apply: i. If termination is the result of a change in the job specification, your structure, operations or workplace conditions; or ii. If you engaged the candidate through us in a temporary capacity in accordance with our Contracting Recruitment prior to accepting a position under our Permanent or Fixed Term Recruitment; or iii. To replacement candidates placed in employment with you in accordance with this Replacement Guarantee. (d) If the remuneration package of the replacement candidate differs from the original candidate, the amount invoiced will be adjusted accordingly. (e) You may not transfer the Replacement Guarantee to any other placement or service provided by us. (f) The Replacement Guarantee will not apply to Contracting Recruitment.

Appears in 2 contracts

Sources: Terms of Business, Terms of Business

Replacement Guarantee. (a) Our Replacement Guarantee period for Permanent Recruitment is 12 weeks from the candidate’s start date. (b) The Replacement Guarantee means that we will use our reasonable commercial endeavours to find a replacement candidate for the position and it will only apply if: i. You have paid our fees in accordance with these Terms; and ii. Your request to replace the candidate is given to us within one one (1) week of the candidate’s termination; and iii. Your request to replace the candidate is given to us exclusively and in the case of Permanent Recruitment for not less than one (1) month following your request; and iv. The original job specification is unchanged; and v. In the case of Permanent Recruitment, either you or the candidate terminates their employment; or vi. In the case of Fixed Term assignment is for 52 weeks or more. (c) The Replacement Guarantee will not apply: i. If termination is the result of a change in the job specification, your structure, operations operations, or workplace conditions; or ii. If you engaged the candidate through us in a temporary capacity in accordance with our Temporary Contracting Recruitment prior to accepting a position under our Permanent or Fixed Term Recruitment; or iii. To replacement candidates placed in employment with you in accordance with this Replacement Guarantee. (d) If the remuneration package of the replacement candidate differs from the original candidate, the amount invoiced will be adjusted accordingly. (e) You may not transfer the Replacement Guarantee to any other placement or service provided by us. (f) The Replacement Guarantee will not apply to Temporary Contracting Recruitment. g) The Replacement Guarantee will not apply to Fixed Term Recruitment assignments that is for less than 52 weeks.

Appears in 1 contract

Sources: Terms and Conditions of Service