Yegal Pty Ltd ABN 95 603 849 592 (Yegal) provides paralegal labour hire services for Clients.

1. DEFINITIONS

Assignment: The task of finding a suitable Candidate for a Client.

Candidate: Person who has given permission to Yegal to forward their details in

order to be considered for engagement or employment by the Client, either

directly or through a management company, and who may (or may not)

accept employment or an engagement with the Client.

Client/Host Employer: Organisation or person who has received referrals for engagement or

employment services from Yegal.

Contractor: A Candidate engaged or employed by the Client in any capacity.

Exclusive Assignment: Yegal is the only organisation recruiting for the particular role, any

person employed in the role shall be deemed to have been a Yegal

Candidate.

Hourly Rate Contractor: A Candidate engaged by the Client, for whom the Client pays Yegal

an hourly rate.

Non-Ongoing Contractor: A Candidate engaged or employed by the Client, for whom the Client pays

a placement fee in relation to the period of engagement or employment.

Permanent Placement: A Candidate engaged or employed by the Client, for whom the Client pays

a placement fee for a full twelve months as this is an on-going role.

Salary Package: The full time annual salary for the position being filled including all

superannuation) and other entitlements, if applicable. Where the

incentives included in the Salary Package are greater than 20% of the total

package, then they will be included (valued as if they were 100%

achieved).

Refer: The supply of Candidate information to a person or organisation.

2. ACCEPTANCE OF THESE TERMS OF BUSINESS

These Terms of Business will be deemed accepted by the Client by;

  • Signing this document; and/or

  • Electronic acceptance of these terms; and/or

  • Accepting the CV or profile of a Candidate who has been introduced to the Client by

  • Yegal; and/or

  • Interviewing a Candidate introduced by Yegal at any time in the 12 months prior to

  • engagement of that Candidate;

  • Engaging or employing a Candidate introduced by Yegal at any time in the 12 months

  • following the introduction.

3. VARIATION

These Terms of Business may not be varied unless by mutual agreement confirmed in writing by

Yegal.

4. PERMANENT (ONGOING) PLACEMENTS

FEES FOR PERMANENT PLACEMENTS

The Client shall pay the placement fee calculated in accordance with these Terms of Business.

Placement fees for a permanent role are calculated as a percentage of the successful Candidate’s

Salary Package as set out in the table below. Where a fixed fee is agreed for an Exclusive

Assignment, this amount shall be the placement fee and will be confirmed in writing by Yegal.

Salary Package

Permanent Placement

Fee % (ex GST)

0 – $40,000

12.5%

$40,001 – $90,000

18%

$90,001 – $130,000

20%

>$130,000

By negotiation

Ancillary costs and services such as: press advertising; premium internet advertising; Candidate skills

and psychological testing; out-placement services; and police and security checks may be provided

by Yegal with the authority of the Client. The Client shall pay the fees for these services

regardless of the outcome of the recruiting Assignment. Yegal reserves the right to invoice the

Client when these costs are incurred.

INVOICING FOR PERMANENT PLACEMENTS

Permanent placement fees will be invoiced following formal acceptance of the position by the Candidate,

unless otherwise agreed.

Permanent placements are typically invoiced at the milestones set out below:

Milestone

Permanent

Exclusive Retained

Permanent

On Yegal acceptance of Assignment

 

33%

On submission of a strong suitable

shortlist of Candidates

 

33%

On the successful Candidate’s

acceptance of Offer

100%

Balance of placement

fee

PAYMENT FOR PERMANENT PLACEMENTS

Payment terms are strictly 14 days from date of invoice. The Replacement Guarantee is only valid if

all invoices are paid in full within 14 days of the date of invoice. Where payment of an invoice is late,

Yegal reserves the right to withhold services and to charge a late payment fee of the NAB

Business Options Prime Rate plus 3%, calculated on the outstanding balance on a compounding

monthly basis.

REPLACEMENT GUARANTEE FOR PERMANENT PLACEMENTS

Yegal will endeavour to find a replacement candidate at no additional recruitment fee should a

Candidate leave their employment within 3 months of commencement where:

  • The Client causes the successful Candidate to leave their employment due to the Candidate’s

  • lack of performance (measured against the original agreed job description); or

  • The Candidate chooses to leave their employment for any reason except where the work they

  • are required to perform is not substantially the same as the original agreed job description, or

  • through any illegal or unreasonable behaviour of the Client.

This Replacement Guarantee is subject to Yegal having the replacement Assignment as an

Exclusive Assignment for not less than 8 weeks.

Any specific on-costs (such as advertising, Candidate testing etc.) agreed with the Client and incurred

by Yegal in the replacement will be on-charged to the Client.

Only one Replacement Guarantee applies for each permanent placement, i.e. there is no

Replacement Guarantee on a replacement Candidate.

Should Yegal be unsuccessful in replacing the Candidate after 8 weeks, then the placement fee

will be available to the Client as a credit for six months, so long as the Client has not been

unreasonable in filling the role. Such a credit may be applied toward future placement(s) of permanent

or Non-Ongoing Contractor roles.

5. CONTRACTOR PLACEMENTS

FEES FOR CONTRACTOR PLACEMENTS

Fees for Hourly Rate Contractors

The fees for Hourly Rate  placements are calculated as:

Hourly Rate placement fee = Number of hours worked x agreed hourly rate.

Overtime or weekend work will only be undertaken where there is an explicit agreement between the

Client and Yegal to do so. In all cases the agreed hourly rate for an Hourly Rate Contractor will

be multiplied by the relevant award loading for overtime, weekend work etc. Allowances payable will

be on-charged to the Client as applicable.

The Client shall pay the Hourly Rate fee calculated in accordance with these Terms

of Business if a Contractor who is referred by Yegal is engaged or employed by the Client or

any organisation to which the Client has referred the Contractor.

The hours worked by the Contractor are to be documented on timesheets that will be periodically

(usually fortnightly) presented to the Client for approval. The signature of the Client’s representative

on the timesheet indicates the Client’s agreement with the validity and accuracy of the information on

the timesheet.

The Client shall either approve (if the Contractor has been available to work where required by the

Client for the hours shown on the timesheet) or reject (for documented valid reasons) timesheets and

return them within 24 hours of presentation to the Client. Any timesheet that is not approved or rejected within 24 hours may be deemed approved, at the discretion

of Yegal.

Where the on-costs related to the Contractor increase due to legislative, industrial, insurance premium

increases or similar reasons or the Contractor is paid more due to increased duties or responsibilities,

Yegal reserves the right to increase the charge rate to the Client by a proportionate hourly

amount.

Should an Hourly Rate Contractor transfer to becoming a Non-Ongoing Contractor the same method

used for calculating non-ongoing contract placement fees shall be used to calculate a new fee

amount. This fee will be capped at twelve months (52 weeks) from the initial commencement date of

the Contractor with the Client.

Invoicing for Hourly Rate Contractors

Fees for the services provided by Hourly Rate will be invoiced monthly. Contractors will be

invoiced upon completion and approval of hours. Invoices will include fees for all approved hours and

where the Contractor works under an award, the Contractor’s entitlements (such as overtime rates

and meal allowances).

Fees for Non-Ongoing Contractors

The fee for Non-Ongoing Contractor placements is calculated as follows:

Non–Ongoing Placement Fee = Salary Package x Permanent Placement Fee Percentage x (weeks of engagement ÷ 52 weeks)

The fees for Non-Ongoing Contractor placements are capped at an engagement period of 52 weeks.

Invoicing for Non-Ongoing Contractor Placements

The placement fees for Non-Ongoing Contractors will be invoiced following formal acceptance of the

position by the Candidate, unless otherwise agreed. Invoices will be issued based on the above method

of calculation on agreement for each contract extension up to a composite period of 12 months from

commencement. Candidates who leave before completing 12 months service, and return to the Client

will continue to be subject to placement fees.

Payment for Contractor Placements

Payment terms are strictly 14 days from date of invoice. The Replacement Guarantee for Hourly

rate/Non-Ongoing Contractor placements is only valid if all invoices are paid in full within 14 days of

the date of invoice. Where payment of an invoice is late, Yegal reserves the right to withhold

services and to charge a monthly interest charge of the NAB Business Options Prime Rate plus 3%,

calculated on the outstanding balance on a compounding monthly basis.

REPLACEMENT GUARANTEE FOR CONTRACTOR PLACEMENTS

Hourly Rate Contractor:

Should the Contractor leave for any reason, Yegal will endeavour to replace the Contractor.

The replacement Contractor may be charged to the Client at a different rate if the replacement

Contractor is paid at different rate to the original Contractor.

Non-Ongoing Contractor:

The terms of the Replacement Guarantee for a non-ongoing role are as per the Replacement

Guarantee for a permanent role, including the right to have the task as an Exclusive Assignment for

not less than 8 weeks. The Replacement Guarantee amount will be calculated for the period of time

remaining in the contract. Where the Candidate is replaced, this amount will be applied as a credit to

the contract for the replacement Candidate. Where the Candidate is not replaced, this amount will be

applied as a credit to the Client account as per the Replacement Guarantee for a permanent role.

WORK PLACE HEALTH AND SAFETY (WH&S) FOR AN HOURLY RATE CONTRACTOR

The Client must provide a safe working environment, a safe system of work and safe equipment for

the Contractor at all times. It is the sole responsibility of the Client to provide the Contractor with any

induction, training, information, equipment or supervision required to ensure the Contractor is able to

carry out their work in a safe and healthy manner including as required by the Work Health and Safety

Act 2011 (NSW). The Client is responsible for ensuring the Contractor is aware of and complies with

the WHS Act and the Client’s own policies and procedures.

  •  

6. DIRECT EMPLOYMENT/ENGAGEMENT BY THE CLIENT

FOLLOWING INTRODUCTION OF A CANDIDATE TO THE CLIENT

If the Client or any organisation affiliated with the Client or whom the Client has referred the

Candidate to, employs or engages the Candidate in any capacity within a period of 12 months from

the last day of the Yegal Recruitment Assignment, then:

a. If the Candidate is employed as a staff member a permanent placement fee will be paid

by the Client at the current Yegal Terms of Business.

b. If the Candidate is employed on a contract basis the appropriate contractor placement fee

shall be paid by the Client as per the current Yegal Terms of Business.

This includes situations where a Candidate is employed within a large Client, such as a large

Government Department, where the Candidate is, result of the Yegal introduction, employed in

other Divisions/Branches. The Client will ensure they notify Yegal of the engagement of any

Candidate who is engaged within 12 months of being introduced by Yegal to the Client.

DIRECT EMPLOYMENT / ENGAGEMENT OF CONTRACTORS BY THE CLIENT (RELEASE FEES)

If the Client employs or retains the services of a Contractor outside of operation of this Agreement in

any capacity whatsoever, or refers the Contractor to any third party for employment during an

assignment or within twelve months of the cessation of an assignment, the Client agrees to:

a. Notify Yegal; and

b. pay Yegal a release fee within 7 days of the date that Yegal becomes aware of

the placement.

In the event that the salary cannot be accurately established, the fee will be 150 times the hourly rate

at which the Contractor was last supplied to the Client by Yegal.

7. CANCELLATION BY BREACH

If the Client does not abide by these Terms of Business Yegal reserves the right to, among

other things, terminate the agreement immediately and withdraw any Candidate placed with the Client

without notice or penalty.

8. PRIVACY AND CONFIDENTIALITY

Yegal support the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). All

information provided to the Client regarding Candidates has been approved by the Candidate for the

sole purpose of determining the suitability of the Candidate for employment or engagement by the

Client. The Client will keep this information confidential and will not use or retain the information for

any purpose other than that stated above. The Client indemnifies Yegal from any loss or

damage as a result of a breach or claimed breach by the Client of any privacy obligations.

Yegal agree to keep confidential any information provided by the Client which is marked as

confidential and which Yegal did not already possess and is not available in the public domain.

The Client explicitly agrees to conduct reference checks on the Candidate only after receiving

approval from Yegal.

9. LIABILITY AND INDEMNITY

Yegal will use their best endeavours to refer suitable candidates to the Client based on the

information provided by the Client and the Candidate.

Yegal do not make any warranty or guarantee regarding the accuracy of the information

supplied in relation to Candidates or the suitability of the Candidates.

Yegal does not provide any guarantee whatsoever that any the Candidates referred to the

Client will be available to accept or will accept an offer of engagement or employment from the Client.

The decision to employ a Candidate is solely made by the Client. Yegal is not liable for any

loss, damage or expense suffered by the Client that has arisen or arises from any act, omission or

misconduct of a Candidate or that is incurred as a result of Yegal’s failure to perform or provide

the services of the Assignment.

By accepting these Terms of Business, the Client agrees to indemnify Yegal in respect of all

loss and damage of Yegal caused by acts or omissions of the Client or Candidate or incurred in

connection with the Assignment and/or the Candidate’s engagement.

By accepting these Terms of Business, the Client also agrees to indemnify Yegal in respect of

any liability to the Client and/or any third party for loss and damage, including for personal injury,

caused by acts or omissions of the Client or Candidate or incurred in connection with the Assignment

or the Candidate’s engagement.

It is the responsibility of the Client to ensure adequate insurance coverage in connection with the

Candidate including workers compensation insurance, public liability insurance and professional

indemnity insurance.

10. TERMINATION OF ASSIGNMENT

A Client may terminate an Assignment by giving 3 business days notice in writing. If a Client

terminates an Assignment:

  • Privacy and Confidentiality obligations continue to apply to both the Client and Yegal

  • Where significant work has been performed in good faith by Yegal, and the Client

  • withdraws the role through no fault of Yegal, Yegal reserves the right to charge

  • an administration fee up to $1,500 plus GST

  • Unpaid invoices are still payable, and invoices may be raised for all milestones that have

  • been achieved

  • In the case of an Exclusive Assignment Yegal may invoice for the proportion of work

  • completed to the next invoicing milestone

  • Employment of referred Candidates within 12 months of referral from the period of submission

  • will still incur the appropriate placement fee.

 

11. GOODS AND SERVICES TAX

If Goods and Services Tax (GST) is payable on any of the services provided under these Terms of

Business it will be added at the current rate to all invoices in addition to the calculated fee.

12. CURRENCY

All relevant fees and charges prescribed by and payable to Yegal are based upon Australian

Dollars (AUD).

13. INVOICE PAYMENTS VIA CREDIT CARD

All payments processed via a Credit Card will attract a processing charge of 2%.

14. DEBT RECOVERY

The Client agrees that any payment due and owing to Yegal in accordance with these Terms of

Business, including any amounts devised with reference to clause 6, Direct Employment/Engagement

by the Client, are recoverable by Yegal as a liquidated debt.

15. APPLICABLE LAW

The law applicable to these Terms of Business is the law of the New South Wales.