Dinesh Divekar
Business Mentor, Consultant And Trainer
KK!HR
Management Consultancy

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Hi, I have engaged a freelancer recruiter for an urgent HR assignment. The HR recruiter left in the middle of work due to personal reasons and did not do complete work in terms of negotiation of salary and documentation follow up.
He is claiming a full percentage of his work in spite of half work done. Are we liable to pay the full amount in this case? Can someone guide on the exit clause, that I can put in a contract, in case of indiscipline or negligence in work, what measures can we take in case of a freelancers contract?

From India, Delhi
Dear Monika,
Did you make a contract with the recruiter (sub-contractor or service provider)? If yes, then please share the verbatim of the contract related to the completion of the assignment.
If the contract is not made then on what basis the service provider is asking payment? How the payment was decided? Was it for the time spent in the handling the assignment or it was for completion of the specific assignment?
Suppose a person hires a tutor. The tutor takes the tuition of a child. For some reason, the tutor leaves in between. However, as the tutor had provided the services daily, he/she asks for the payment for the days he/she had taken the tuition. Was your arrangement something of this kind?
Thanks,
Dinesh Divekar

From India, Bangalore
When the contract is partly performed, the principle of "Quantum Meruit" would apply and the party has to be paid in proportion to the work done. Negotiation of salary, documentation and follow up are yet to be done, so to put it roughly 25% work is left. So you can negotiate and arrive at a mutually agreeable % as the major steps have been completed.
From India, Mumbai
Further to our discussion, pfa the terms below for the role of Freelance recruiter , we would like to engage for a period of 1month wef 01 March ,2020.



We currently have 2 positions in Bangalore from NBFCS and looking for suitable resumes urgently.



Tasks and Activities .



Data Sourcing and calling from Naukri , Facebook and other sites of social Media .

a. Freelance recruiter shall maintain a proper tracker of MIS Sheet.

b. Handle the sourcing of profiles from Naukri, Linkedin

c. Managing the entire recruitment cycle from sourcing to onboarding, salary negotiation.

d. Posting and editing job postings on Linkedin and Free sites and social Media .

e. Understand JD of Clients and deliver quality resource within stipulated time frame.

f.

Payout-:



Freelance recruiter shall be paid 15 Percent of the billing amount without GST charges.



50% of commission shall be paid once the client has released payment , approx. after 45 days of joining . 50 % percent shall be paid after candidate has completed 90 days .



In case of duplicate profiles , freelance recruiter shall be informed within 2 days of receiving the profile .



Sharing of portal is strictly not allowed.



Firm shall pay a one time fees of Rs 1500 towards phone and net charges during the tenure of our contract .



Let me know any more queries , you may have.

************************************************** ************************

The recruiter left after sending cv of candidate who got selected and was not present during salary negotiation and document arranging .

Could you please mention "Exit clause" terms that i can use for future contracts , t avoid this trouble. Which means in case of indiscipline , misuse of information , rude conduct or absence before completion of project .. what language can be used to make it clear ?

Hope i am able to express myself .

thanks,

Monika

From India, Delhi
Comments: - Since the candidate has joined the organisation the question of any payment to the recruiter does not arise at all. Thanks, Dinesh Divekar
From India, Bangalore
Dear Dinkar Sir,
Thanks for your replies.
I still need to ask-: "Could you please mention "Exit clause" terms that i can use for future contracts that i make with Freelance recruiters , in order to avoid issues pertaining to indiscipline , misuse of information , ,misuse of Naukri portal , rude conduct or absence before completion of project .. what language can be used to make it clear ?
Let me know.
Thanks ,
Monika

From India, Delhi
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