SALARIED PLACEMENT. 4.1. XXXXX agrees that the Company maintains representation of a Candidate for a Salaried Placement for a period of twelve (12) months from the date of Introduction. 4.2. XXXXX agrees to notify the Company of any offers of appointment made by XXXXX to a Candidate for a Salaried Placement where such an offer is made within twelve 12 months of the Introduction of the Candidate by the Company. 4.3. All employment contracts for Salaried Placements are with the individual and not the Company. The payment of salary will be made directly to the Candidate in accordance with conditions set out in the current AMA Agreement. 4.4. The fee payable by XXXXX to the Company for a Salaried Placement is 12.5% of the Candidate’s annual salary plus GST. If the candidate is engaged for a term of less than 12 months, the fee is calculated on a pro-rata basis to a maximum of twelve months salary. 4.5. For the avoidance of doubt, fees are calculated on the base rate of remuneration as well as other entitlements as detailed in the employment contract, including professional development and expenses allowances, and, if applicable, allowance in lieu of private practice billing. Other entitlements, such as superannuation, allowance for access to motor vehicle, access to accommodation, travel and relocation costs, are excluded in calculating the fees payable to the Company. 4.6. The placement fee is to be divided in to three parts. 4.6.1. 30% is payable within thirty (30) days of the Candidate’s written acceptance of the offer of engagement (part 1). 4.6.2. 30% is payable within thirty (30) days of the Candidate commencing duties (part 2). 4.6.3. If an orientation assessment period is stipulated in the contract, final 40% is payable within thirty (30)) days of the completion of the assessment (part 3). 4.6.4. If an orientation assessment period is not required, part 2 and part 3 of the fee are payable within thirty (30) days of the Candidate’s commencement. 4.7. If the Candidate withdraws prior to the commencement of the assessment period, the Company will fully refund part 1 of the total fee. 4.8. If XXXXX cancels a placement after XXXXX and Candidate have signed an employment contract and before the Candidate has commenced, XXXXX will remain liable for the part 1 of the fee (30%). 4.9. If the Candidate fails to arrive for the placement within a reasonable amount of time (by negotiation) of the target commencement date resulting in withdrawal of an offer of employment, or the Candidate withdraws from the appointment process by providing evidence in writing or the candidate is unable to commence due to external factors such as (but not limited to): failure to register with Medical Board of Australia; failure to obtain valid work visa; and failure to obtain approval for appropriate credentialing and scope of clinical practice, the Company will refund any and all placement fees paid by XXXXX within a period of thirty (30) days.
Appears in 7 contracts
Samples: Recruitment Agreement, Recruitment Agreement, Recruitment Agreement
SALARIED PLACEMENT. 4.1. XXXXX The Employer agrees that the Company maintains representation of a Candidate for a Salaried Placement for a period of twelve (12) months from the date of Introduction.
4.2. XXXXX The Employer agrees to notify the Company of any offers of appointment made by XXXXX the Employer to a Candidate for a Salaried Placement where such an offer is made within twelve 12 months of the Introduction of the Candidate by the Company.
4.3. All employment contracts for Salaried Placements are with the individual and not the Company. The payment of salary will be made directly to the Candidate in accordance with conditions set out in the current AMA Agreement.
4.4. The fee payable by XXXXX the Employer to the Company for a Salaried Placement is 12.5% of the Candidate’s annual salary plus GST. If the candidate is engaged for a term of less than 12 months, the fee is calculated on a pro-rata basis to a maximum of twelve months salary.
4.5. For the avoidance of doubt, fees are calculated on the base rate of remuneration as well as other entitlements as detailed in the employment contract, including professional development and expenses allowances, and, if applicable, allowance in lieu of private practice billing. Other entitlements, such as superannuation, allowance for access to motor vehicle, access to accommodation, travel and relocation costs, are excluded in calculating the fees payable to the Company.
4.6. The placement fee is to be divided in to three parts.
4.6.1. 30% is payable within thirty (30) days of the Candidate’s written acceptance of the offer of engagement (part 1).
4.6.2. 30% is payable within thirty (30) days of the Candidate commencing duties (part 2).
4.6.3. If an orientation assessment period is stipulated in the contract, final 40% is payable within thirty (30)) days of the completion of the assessment (part 3).
4.6.4. If an orientation assessment period is not required, part 2 and part 3 of the fee are payable within thirty (30) days of the Candidate’s commencement.
4.7. If the Candidate withdraws prior to the commencement of the assessment period, the Company will fully refund part 1 of the total fee.
4.8. If XXXXX the Employer cancels a placement after XXXXX the Employer and Candidate have signed an employment contract and before the Candidate has commenced, XXXXX the Employer will remain liable for the part 1 of the fee (30%).
4.9. If the Candidate fails to arrive for the placement within a reasonable amount of time (by negotiation) of the target commencement date resulting in withdrawal of an offer of employment, or the Candidate withdraws from the appointment process by providing evidence in writing or the candidate is unable to commence due to external factors such as (but not limited to): failure to register with Medical Board of Australia; failure to obtain valid work visa; and failure to obtain approval for appropriate credentialing and scope of clinical practicewriting, the Company will refund any and all placement fees paid by XXXXX the Employer within a period of thirty (30) days.
Appears in 1 contract
Samples: Service Agreement