How to Write Temporary Agency Contracts

When using any temporary agency, it is important to get everything in writing. A contract between parties spells out all of the necessary requirements and expectations and is usually recognized as binding in a court of law. Most temporary agencies require written contracts and will not service a client account without one. To ensure that both parties are protected, certain items must be addressed in the contract.

Instructions

1. Provide the temporary agency with a copy of the job requisition that describes the skills, knowledge and experience required to do the job. Include the hours that will be required, the length of the assignment, dress code and other important information the temporary service needs for the placement of appropriate workers.

2. Review the company policy regarding the use of temporary agencies and prepare the contract accordingly. The contract should contain the name of the parties involved, the addresses of each party, and dates of when the contract begins and ends. A meeting with the temporary agency representative may be helpful in working out the details of the contract. Determine what the temporary agency provides in regards to worker's compensation, background checks and drug testing.

3. Request a copy of the temporary agency's policy on contracts and collaborate on what should be included. Even though the agency will have a contract requirement, the client company should also have a contract. The contents of both contracts will be mirrors (exactly the same), and authorized representatives from the client company and temporary agency should sign both copies.

4. Involve an employment attorney or other legal representative to review both contracts. Some companies have internal attorney resources that can be utilized. Once the contracts are approved for continuation, each party will get a copy. Both parties can review the contract for important information about pay rates, invoicing and other issues that may arise. Include any temp-to-perm (hiring the temporary as a regular employee) buy-out fees and negotiate what has been paid so far into the contract.

Tips & Warnings

• Research several temporary agencies and check their references

• Do not hire a temporary agency without a contract

References

• Equal Rights Advocates: Temporary Employees Rights
• Business Know-how: The Pros and Cons of Hiring a Temp
• George S. May International Company: Legal Guidelines and Resources