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Drafting General Terms and Conditions for Recruitment & Selection

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Mr. Jaime Boogaers

Corporate Law
Attorney, 16 years of experience

In recruitment and selection, it must be particularly clear when the fee is due. Discussions almost always arise regarding candidate presentation, onboarding, takeover, guarantee period, or direct approach to candidates

For recruiters, recruitment agencies, and headhunters
Attention to candidate presentation, success fee, and guarantee period
Acquisition, exclusivity, no-cure-no-pay, privacy, and payment arranged
Practically useful for order confirmations and recruitment processes

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General Terms and Conditions for Tailored Recruitment & Selection

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About us

Our expertise in general terms and conditions for recruitment and selection

Our lawyers and in-house counsel assist recruiters, recruitment agencies, headhunters, and search firms with terms and conditions, engagement letters, search agreements, and privacy documents. We examine candidate presentation, fees, guarantee periods, exclusivity, acquisition, circumvention, privacy, screening, payment, and liability.

Customization for your recruitment model

A contingency recruiter, headhunter, executive search firm, interim recruiter, or recruitment platform does not need the same terms and conditions. Therefore, we tailor the terms to your fee model, target audience, procedure, privacy risks, and commercial risks.

Our facts

Active since 2001
Lawyers and in-house counsel
Experience with recruitment, mediation, and privacy
Attention to fee, candidate presentation, guarantee, and takeover
Fixed rates in advance where possible

Customization
About us

Most chosen

General Terms and Conditions for Tailored Recruitment & Selection

from 199.- per document

For entrepreneurs who want to have a legal document drafted that aligns with their business, agreements, industry, and risks.

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About us

Our expertise in general terms and conditions for recruitment and selection

Customization for your recruitment model

Our facts

Active since 2001
Lawyers and in-house counsel
Experience with recruitment, mediation, and privacy
Attention to fee, candidate presentation, guarantee, and takeover
Fixed rates in advance where possible

Reviews (21)

Sebastian

The expertise was immediately evident from the first contact. The speed with which complex legislative changes were integrated into our document was excellent. Our clients are responding positively to the clear general terms and conditions.

Yara

We received excellent assistance with our legal questions. The entire process felt like a co-creation rather than a one-sided assignment. A reliable partner who strives for perfection in their documents.

Inge

We quickly received the right guidance in a legal landscape unfamiliar to us. Throughout the process, we were constantly kept well informed of the progress. The final result aligns 100% with our high standards.

Laurens

I am extremely pleased with the quick and adequate initial response. The process was organized in such a way that we achieved maximum output with minimal effort. The document was accepted flawlessly by our investors.

Youssef

The speed with which our first email was responded to was impressive. The explanation regarding limitation of liability was a real eye-opener for our Management Team. Our business partners were impressed by the professionalism of the contracts.

Farid

The promise of a quick start-up was absolutely fulfilled. The concept was clear and practically applicable. Everything was delivered neatly and on time.

Levi

The decisiveness during the first meeting was very pleasant. Communication via email and phone was clear. It is evident that they have a passion for entrepreneurship.

Noor

The direct translation of our problem into a legal solution was impressive. The draft was delivered faster than promised in the quotation. The document was accepted flawlessly by our investors.

Loubna

The lawyer took a practical approach with our company. There was no unnecessary fuss about minor changes outside the scope. Fantastic value for money for this level of expertise.

Marloes

We urgently needed a lawyer and were helped immediately. The draft was provided with helpful notes in the margin for clarification. Everything was delivered neatly and on time.

Kees

We really appreciated the transparency regarding the costs upfront. The agreements were properly honored. Our customers respond positively to the clear general terms and conditions.

Ziad

We immediately got the right expert on the line for our specific problem. The lawyer was not afraid to be critical of our own initial plans, which saved us from mistakes. The service was professional and personal.

Sanae

A lot of time was saved thanks to the efficient intake. We were able to easily add comments to the draft using a convenient system. Our clients respond positively to the clear general terms and conditions.

Lucas

The clear explanation at the start of the project was crucial for us. The telephone consultation regarding the final details provided just that little bit of extra confidence. These documents will undoubtedly save us a lot of headaches in the future.

Emre

Action was taken quickly and work was carried out meticulously. The discussion regarding specific non-compete clauses was handled very professionally. Our clients respond positively to the clear general terms and conditions.

Joost

We urgently needed a lawyer and were helped immediately. We appreciated the honesty when it turned out that a specific request of ours was legally unfeasible. A party that delivers on what it promises on its website.

Rachid

We were immediately assigned a dedicated contact person, which worked very well. The explanation of the terms and conditions was very helpful. Everything was delivered neatly and on time.

Renate

We needed tailored legal solutions quickly and received excellent assistance. The discussion regarding specific non-compete clauses was handled very professionally. Our business partners were impressed by the professionalism of the contracts.

Amina

It was nice that we knew immediately who would be helping us. The process was organized in such a way that we got maximum output with minimal effort. Fantastic value for money for this level of expertise.

Esther

The lawyer got straight to the heart of the matter. It was pleasant that what was important was explained in plain language. A party that delivers on what it promises on its website.

Anne

We were looking for certainty and received it immediately in the first meeting. The fee structure was transparent, so we knew exactly where we stood during the process. A party that delivers on what it promises on its website.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

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We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

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Are you unsure whether you should have the document drafted, checked, or amended?
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Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

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What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

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The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Ilja van Driel

Corporate law attorney, employment law

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Custom choices

Which choices determine the content?

With these choices, you align the terms with your working methods and your revenue model.

Choice or question	Why this matters legally
Do you work on a no-cure-no-pay or retained basis?	With no-cure-no-pay, a fee is only due upon placement; with retained, you work with an advance payment and installments, which requires different payment and exclusivity agreements.
How do you define the fee becoming due?	Choose whether the fee is due upon signing the contract, upon commencement of employment, or after the probationary period; this determines your collection risk.
Do you offer a guarantee or refund scheme?	A warranty period increases your attractiveness but places a risk on you; clearly define the duration, conditions, and exceptions.
Do you require exclusivity?	Exclusivity protects your involvement but requires a clear arrangement in case the client fills the position themselves or through another party.
How do you manage candidate privacy?	Determine which data you share, on what legal basis (GDPR), and how long you retain it, so that you comply with privacy rules.

Clauses and provisions

Which elements belong in the general terms and conditions for recruitment and selection?

These components determine whether your terms secure your fee and clarify the division of roles between agency, client, and candidate. Assess which components you need for each assignment.

Provision	Relevant to	Legal point of attention
Assignment and job profile	At the start of the assignment	Document job requirements, salary indication, location, procedure, and contact persons so that it is clear what you are looking for.
Definition of candidate proposals	Always	Determine when a candidate is considered introduced and how long that introduction protects you; this is the basis for your fee.
Success fee and basis	Always	Arrange the percentage, the basis (gross annual salary), any minimum fee, VAT, and the moment at which the fee becomes due.
Payment and invoicing	Always	Agree on the payment term, invoicing date, interest, and collection costs for late payment.
Exclusivity	For retained or permanent assignments	Determine whether you are the sole searcher and what fee applies if the client completes the work themselves or via third parties.
Guarantee and refund scheme	Recommended	Stipulate whether you will conduct a free search or (partially) refund the candidate in the event of a quick departure, and under what conditions.
Anti-circumvention	Recommended	Prevent a proposed candidate from being hired or referred without your knowledge, with compensation for violations.
Privacy and liability	Always	Establish the processing of candidate data, confidentiality, and a limitation of your liability.

Use in practice

How do you use this document correctly?

Terms and conditions are only effective if they have been declared applicable in a timely manner and demonstrably accepted by the client.

Situation	What should you do?	Point of attention
For the order confirmation	Declare the terms and conditions applicable and provide them in advance or send them along.	Conditions apply only if the client knew or could reasonably have known them before the agreement was concluded.
With every new assignment	Have the client confirm the assignment and the terms and conditions in writing or by email.	A verifiable agreement prevents discussion regarding the fee and other arrangements.
When proposing a candidate	Record by email which candidate you are proposing and when.	This proves that the introduction comes from you, and thus the fee and the anti-circumvention apply.
In case of changes to the agreements	Amend the terms or the assignment in writing and retain the version.	Verbal discrepancies lead to ambiguity and weaken your position.

Common mistakes

In practice, these errors cost the most in fees and lead to conflicts.

Wrong	Consequence	Better approach
Send terms and conditions only with the invoice	The terms and conditions do not apply and your fee is legally weak	Declare the terms and conditions applicable to or upon the order confirmation.
No clear definition of proposed candidate	Discussion on whether the placement is thanks to you	Record exactly when a candidate was proposed and for how long that protects you.
Do not determine the fairy tale moment	Uncertainty and deferral of payment	Link the fee to a specific moment: contract, start of employment, or after the probationary period.
No circumvention clause	The candidate is hired without your knowledge or through a subsidiary	Include an circumvention clause with compensation that also covers affiliated companies.
Privacy not regulated	Complaints and fines regarding candidate data	Establish the legal basis, retention period, and confidentiality for candidate data in accordance with the GDPR.

Risk profile

What is your situation and what do you pay attention to?

Depending on your situation, other aspects deserve extra attention.

Risk profile	Example	Focus in the document
No-cure-no-pay agency	You only receive a fee upon a successful placement.	Pay attention to a watertight definition of the proposed candidate, the fee moment, and the anti-circumvention.
Retained search	You work with an advance payment and exclusivity.	Pay attention to the installment payments, the exclusivity arrangement, and the final settlement in the event of early termination.
Recruitment for larger clients	You work for a group with multiple branches.	Pay attention to the circumvention clause so that affiliated companies are also covered by the fee.
International or sensitive positions	You share candidate data and references.	Pay attention to the GDPR legal basis, retention periods, and confidentiality regarding candidate and company data.

Additional documents

When is this document not enough?

In these situations, you need a supplementary document or service in addition to your general terms and conditions.

Situation	Supplementary document	Why
You share or process candidate data for a client	Data Processing Agreement	Arrange the processing of personal data in accordance with the GDPR if you process data on behalf of the client.
You share confidential information during an assignment	Confidentiality Agreement	Protect business-sensitive information and candidate data with a separate confidentiality agreement.
Your client is not paying the agreed fee	Debt collection	Enlist help to collect an outstanding, undisputed fee.

Explanation of this document

Drafting General Terms and Conditions for Recruitment & Selection, why?

Not every entrepreneur knows exactly what general terms and conditions for recruitment and selection are, when you need them, and which risks they must cover. That is why we explain below what this document entails, what you should look out for, and why customized legal frameworks are important.

What are the general terms and conditions for a recruitment and selection agency?

General Terms and Conditions for recruitment and selection are the standard clauses applied by a recruitment agency, staffing agency, or headhunter to all assignments for the recruitment and selection of personnel for clients. They regulate matters that are not exhaustively listed in the individual assignment confirmation: the fee structure and the moment at which the fee is due, the post-processing clause in the event of direct appointment outside the agency, the guarantee scheme in the event of early departure of the placed candidate, liability for incorrect candidate selection, exclusivity agreements, the handling of candidate data in accordance with the GDPR, and the termination policy. Recruitment and selection differs from secondment — the candidate enters into employment with the client, not the agency — and from temporary staffing — there is no employment contract between the agency and the candidate. The fee for recruitment and selection is a mediation fee that is only due once the mediated agreement between the client and the candidate has actually been concluded. Our legal experts draft general terms and conditions for recruitment and selection agencies that watertight establish fee rights, formulate the post-processing clause for direct appointment in an enforceable manner, correctly structure the guarantee scheme, and properly integrate GDPR obligations regarding candidate data.

How do you regulate the fee entitlement and the timing of payment?

Fee law is the core of recruitment and selection terms and conditions and the most critical element to formulate watertight. The fee is typically a percentage of the placed candidate's gross annual salary — commonly between fifteen and twenty-five percent. Your terms and conditions must precisely define the moment the fee becomes due. The most common variant is the fee payable upon the candidate's commencement of employment with the client. However, "commencement of employment" is not always unambiguous: does the candidate enter employment upon acceptance of the offer, on the actual first working day, or at the end of the probationary period? Your terms and conditions must explicitly define this moment. The basis for calculating the fee must also be precisely defined: is the fee calculated on twelve times the gross monthly salary, or does it include holiday allowance, bonuses, lease value, and other emoluments? For a candidate with a variable salary or a performance bonus, the basis for calculation must be established in advance to prevent disputes afterwards. Your terms and conditions must also determine whether the fee is subject to VAT — recruitment and selection is subject to VAT in the Netherlands — and how the invoice is sent. Our legal experts draft a fee clause that is watertight in all placement scenarios.

How do you protect your fee when directly appointing someone outside the agency?

The post-processing clause is the most essential protection instrument for recruitment and selection agencies. The most common form of fee avoidance is the situation where the client directly approaches and hires a candidate introduced by the agency — shortly after the introduction or some time after the assignment has ended — without paying the fee. Your General Terms and Conditions must contain a robust post-processing clause covering the following elements. The post-processing period: typically twelve to twenty-four months after the candidate introduction or after the end of the recruitment and selection assignment, during which period any hiring of the introduced candidate by the client makes the full fee due. The introduction definition: a candidate is introduced the moment the agency has provided their name, contact details, or CV to the client, regardless of the channel — email, telephone, presentation, or online platform. The introduction registration: the agency confirms every candidate introduction in writing to the client, stating the name, date, and the position for which the candidate was presented. This confirmation serves as proof in the event of a subsequent direct appointment. The definition of appointment: the post-processing clause applies to every appointment of the introduced candidate by the client or a company affiliated with the client, in whatever capacity — salaried employment, self-employment, or via another party. Our legal experts draft a post-processing clause that is also enforceable in the case of indirect placement arrangements.

How do you structure the guarantee scheme in the event of the candidate's early departure?

The guarantee scheme determines what happens to the fee if the placed candidate leaves shortly after commencement of employment — either voluntarily or through dismissal. For clients, a guarantee scheme is an important selection criterion when choosing an agency, and for the agency, it is a tool to build trust while simultaneously managing risk. Your General Terms and Conditions must structure the guarantee scheme on the following points. The guarantee period: typically two to six months after the candidate's first working day. The guaranteed performance: redeployment of a new candidate free of charge or at a reduced rate, or partial refund of the fee. Redeployment is generally preferable to a refund because it allows the agency to maintain the relationship with the client. The guarantee:the guarantee lapses if the candidate's departure is caused by circumstances on the client's side — reorganization, a change in job content, relocation of the workplace, or unprofessional conduct towards the candidate. The guarantee also lapses if the client has substantially changed the role, salary, or terms of employment after commencement of employment without consulting the agency. The redeployment guarantee period: the agency typically has three months to present and place a new candidate. Our legal experts draft a guarantee scheme that is commercially attractive and legally sound.

How do you arrange exclusivity agreements and assignment termination?

Exclusivity agreements provide the recruitment agency with the assurance that the client will not work simultaneously with other agencies for the same vacancy during the term of the assignment — and that the client will not undertake direct recruitment activities for the position in question outside of the agency. Exclusivity is financially attractive for the agency because it maximizes the chance of placement and thus the fee. For the client, exclusivity is a concession that they will only accept if they have confidence in the agency. Your General Terms and Conditions must specify the exclusivity agreement per assignment — generic exclusivity in the Terms and Conditions without assignment-specific confirmation is more difficult to enforce. For non-exclusive assignments where multiple agencies recruit simultaneously, the order of introduction generally applies: the agency that first introduces a candidate to the client is entitled to the fee upon placement of that candidate. Your Terms and Conditions must specify the order of introduction as an allocation criterion to prevent disputes in the event of simultaneous introduction by multiple agencies. assignment: if the client withdraws the assignment before a placement has been concluded, the agency is not entitled to a fee — but is entitled to reimbursement of demonstrable costs incurred if the General Terms and Conditions stipulate this. Our legal experts formulate an exclusivity and termination structure that protects your commercial position.

How do you integrate the GDPR obligations for candidate data?

Recruitment and selection agencies systematically process personal data of candidates: CVs, work history, salary indications, references, assessment results, and in some cases also sensitive data such as nationality or health information for specific positions. The GDPR imposes strict requirements on the processing of candidate data. Your Terms and Conditions towards clients must address GDPR obligations on two levels. First, the agency-candidate relationship: the agency processes candidate data based on legitimate interest for carrying out recruitment and selection, or based on the candidate's consent. Candidates have the right to have their data deleted if they are no longer available for placement. The retention period for candidate data is limited to the period necessary for active placement, typically one year after the last contact. Second, the agency-client relationship: if the agency provides CVs and candidate data to the client, the client acts as an independent controller of that data. The client is obliged to use the candidate data exclusively for the assessment of the relevant vacancy and not for other purposes. Your Terms and Conditions must inform the client about their GDPR obligations upon receiving candidate data. Our legal experts fully integrate GDPR obligations into your recruitment and selection terms and conditions.

How does it work at MKBjuristen?

After a brief intake regarding your placement market, your fee structure, and your specific risks, our legal experts draft general terms and conditions for your recruitment and selection agency that watertight establish fee rights, formulate the post-processing clause in the event of direct appointment in an enforceable manner, correctly structure the guarantee scheme, correctly define exclusivity agreements and the introduction sequence, and correctly integrate GDPR obligations regarding candidate data. Do you already have general terms and conditions? If so, we will review them for the post-processing clause, the introduction definition, and GDPR candidate obligations.

Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.

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Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document

SME Lawyers

Not tailored to your business

Tailored to your company, industry, and working methods

No control over your specific situation

Consultation with a lawyer and assessment of your risks

Possibly outdated or incomplete

Verification of current and practical provisions

No personal explanation

Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Customization per recruitment model

Not every recruitment agency faces the same legal risks. Therefore, we do not make terms and conditions generic, but tailored to success fees, retained search, exclusivity, screening, and privacy.

Contingency recruitment

Attention to candidate presentation, success fee, acquisition, guarantee, and payment.

Retained search

Attention to advances, phasing, exclusivity, reporting, and final settlement.

Executive search

Attention to confidentiality, reputation, senior positions, screening, and exclusivity.

No cure, no pay

Attention to cure, withdrawal, exceptions, costs, and circumvention.

Interim recruitment

Attention to temporary assignments, extensions, fees, takeovers, and risks for self-employed professionals.

Recruitment platform

Attention to accounts, matching, candidate data, platform role, privacy, and payment.

General terms and conditions for recruitment and selection must strictly protect the fee moment. Therefore, we examine candidate presentation, success fee, guarantee period, takeover, exclusivity, privacy, and liability.

Common mistakes in recruitment and selection terms and conditions

In recruitment and selection, things often go wrong because candidate presentation, success fees, guarantee periods, and circumvention are not regulated in sufficient concrete terms.

Do not define when a candidate was proposed
Formulate the fee moment and the basis for the success fee too vaguely
Do not include a takeover clause or a retroactive period
Formulating the warranty period too broadly or without exclusions
Do not limit exclusivity by function, duration, or client
Use no-cure-no-pay without exceptions upon withdrawal
Insufficient regulation of privacy, CV sharing, and retention periods
Do not limit liability for candidate's performance

Draft general terms and conditions for recruitment and selection properly to prevent unnecessary problems in the future. Good conditions prevent disputes regarding candidate presentation, fees, takeover, guarantees, privacy, and payment.

Are general terms and conditions mandatory for recruitment and selection?

No, but they are highly recommended because they record agreements regarding candidate presentation, fees, guarantees, takeovers, privacy, and liability.

When is a success fee payable?

That depends on the agreements. Specify whether the fee arises upon candidate presentation, offer, contract, commencement of employment, or start date.

What is a guarantee period in recruitment?

A period during which replacement or credit may apply under certain conditions if a candidate leaves early.

Am I allowed to include a takeover clause?

Yes. This prevents a candidate from being hired later outside the agency without a fee.

Can MKB Juristen review existing recruitment terms and conditions?

Yes. We check, among other things, candidate presentation, fee, warranty, exclusivity, privacy, payment, and liability.

Contact us

Want to know more about our services?
Then contact our specialists.

T: 085 25000 44

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About Us

Drafting General Terms and Conditions for Recruitment & Selection

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Draft or check

Final version

Choose Tailored Legal Solutions

General Terms and Conditions for Tailored Recruitment & Selection

Have the General Terms and Conditions for Recruitment & Selection reviewed

Have the General Terms and Conditions for Recruitment & Selection amended

Our expertise in general terms and conditions for recruitment and selection

Customization for your recruitment model

Our facts

General Terms and Conditions for Tailored Recruitment & Selection

Have the General Terms and Conditions for Recruitment & Selection reviewed

Have the General Terms and Conditions for Recruitment & Selection amended

About us

Our expertise in general terms and conditions for recruitment and selection

Customization for your recruitment model

Our facts

Reviews (21)

Meet our office

Why MKB Juristen?

First, see how we work

What you can expect from us

Why customization?

What do you get?

The founders of MKB Juristen

Denian Wielhouwer

Annelore Hendriks

Ilja van Driel

Jaime Boogaers

Which choices determine the content?

Which elements belong in the general terms and conditions for recruitment and selection?

How do you use this document correctly?

Common mistakes

What is your situation and what do you pay attention to?

When is this document not enough?

Drafting General Terms and Conditions for Recruitment & Selection, why?

Why not use a standard document?

Customization per recruitment model

Contingency recruitment

Retained search

Executive search

No cure, no pay

Interim recruitment

Recruitment platform

Common mistakes in recruitment and selection terms and conditions

Are general terms and conditions mandatory for recruitment and selection?

When is a success fee payable?

What is a guarantee period in recruitment?

Am I allowed to include a takeover clause?

Can MKB Juristen review existing recruitment terms and conditions?

Contact us

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