EMPLOYER CONSENT AND TERMS OF COOPERATION WITH THE AGENCY

1. Processing of Personal Data

1.1. Transfer of Personal Data to the Agency

I consent to providing BAIA 2 Agency with the following personal data for the purpose of finding suitable personnel for me:

· first name and surname;

· contact telephone number;

· email address;

· link to a social media profile;

· place of residence.

I agree that the above data may be retained by the Agency throughout the cooperation period, whether personnel are successfully found or no suitable candidate is identified, until the Agency receives my written request to stop processing or delete the data.

I authorise the Agency’s recruitment specialists to access my personal data only to the extent required for the performance of their professional duties.

The right to use my data is granted to such specialists only while they are employed by BAIA 2 Agency. After termination of their employment with the Agency, they are prohibited from retaining, using, transferring, or otherwise processing my data, including while working for another agency.

1.2. Publication of the Vacancy

I consent to the publication of the following information about my vacancy:

· vacancy category;

· job duties;

· work schedule;

· remuneration;

· general work location.

The vacancy may be published on the following Agency platforms:

· Agency Facebook page: https://www.facebook.com/saagentobaia1

· Agency website: www.hrbaia.ge

This information will be available to users of the relevant platforms. A candidate interested in the vacancy will not be entitled to contact me directly. Communication with a candidate will take place only through the Agency and with my prior consent.

1.3. Receipt of Notifications

Until the Agency receives my written request to cancel the vacancy, I consent to receiving notifications:

· through social media;

· by email;

· by SMS or another communication method using the telephone number provided by me.

Notifications may concern:

· selected or interested candidates;

· candidate interviews;

· the commencement and progress of a trial period;

· employment of a candidate;

· amounts payable to the Agency or the candidate;

· outstanding payments;

· other important circumstances related to the vacancy.

2. Terms Related to Candidate Search and Selection

2.1. Candidate Selection and Interviews

The Agency will propose candidates who match my requirements as closely as possible, taking into account the following and any other relevant criteria:

· age;

· place of residence;

· education;

· work experience;

· foreign language skills;

· professional skills;

· references and relevant certificates;

· any other requirements specified by me in advance.

At my choice, interviews with candidates may be conducted:

· at the Agency’s office;

· at my residence;

· remotely;

· in another format agreed by the parties.

2.2. Agency Service Fee Payable by the Employer

If I approve a candidate and the candidate successfully completes a one-week trial period, I will pay the Agency a one-time fee equal to 10% of the monthly salary specified by me for the candidate search and selection service.

The service includes a one-year guarantee period. If, during that year, the employed candidate leaves the position or I decide to terminate their employment, the Agency will propose no more than three alternative candidates free of charge. The specific grounds and conditions for replacement will be determined in agreement with the Agency.

2.3. Amount Payable by the Candidate to the Agency

I understand that an employed candidate pays the Agency 50% of the agreed salary for the first month. The candidate is informed of this condition in advance and gives their consent.

The employer is responsible for transferring to the Agency the amount payable by the candidate from the first month’s salary, as follows:

· at the end of the first month, 50% of the first month’s salary is paid to the candidate;

· the remaining 50% is transferred to the Agency as the service fee payable by the candidate.

The employer’s 10% service fee and the candidate’s 50% service fee are separate and independent obligations.

2.4. Payment for the Trial Period

A one-week trial period is established for the candidate.

If the candidate is not employed after the trial period, I undertake to pay the candidate 25% of the full agreed remuneration for the trial period.

If the candidate is employed, at the end of the first month:

· 50% of the agreed monthly salary is paid to the candidate;

· the remaining 50% is transferred to the Agency toward the candidate’s service fee.

Before the trial period begins, the exact duration of the trial period and the amount of remuneration must be clarified with the candidate and the Agency.

2.5. Prohibition on Employing a Candidate Outside the Agency

With respect to any candidate introduced by the Agency or connected with me through the Agency, I am prohibited from:

· establishing an employment relationship outside the Agency;

· employing the candidate temporarily or permanently without the Agency’s involvement;

· offering the candidate to a family member, relative, friend, or another person outside the Agency;

· sharing the candidate’s contact details with a third party for employment purposes.

If the Agency establishes that a candidate introduced by it was employed outside the Agency with my involvement, I undertake to pay the Agency 50% of the candidate’s agreed salary for the first month.

If this amount is not paid, an additional contractual penalty of GEL 500 may be imposed on the employer, to the extent permitted by the agreement and applicable law.

2.6. Failure to Pay an Amount Due to the Agency

I understand that if a candidate is accepted for a trial period or permanently employed and the agreed Agency service fee is not paid, the Agency may use the legal remedies available under applicable law, including court proceedings and recovery of the outstanding amount.

Any public disclosure of information concerning the employer is permitted only where there is an appropriate legal basis and in compliance with applicable personal data protection requirements.

2.7. Accuracy of Information

I confirm that the following information provided to the Agency is true and accurate:

· first name and surname;

· telephone number;

· place of residence;

· vacancy-related information;

· any other necessary information requested by the Agency.

If any of the information changes, I undertake to provide the Agency with updated information in a timely manner.

I understand that unlawful use of another person’s data, forgery of documents, fraudulent conduct, or any other unlawful act may result in liability under applicable law.

3. Vacancy Cancellation and Data Archiving

The vacancy may be cancelled in the following circumstances:

1.   upon the employer’s written request;

2.   pursuant to a reasoned decision of the Agency;

3.   after a candidate is employed and the vacancy is closed;

4.   upon termination of cooperation with the Agency;

5.   if the employer breaches the Agency’s terms;

6.   if the vacancy is no longer current;

7.   in any other circumstances provided by law.

After cancellation of the vacancy, the related data may be transferred to the Agency’s archive and retained for no longer than one year, unless longer retention is necessary for compliance with a legal obligation, resolution of a dispute, collection of an outstanding payment, or another lawful purpose.

After the one-year period expires, the data must be deleted, destroyed, or anonymised unless another legal basis for continued retention exists.

4. Final Consent

I confirm that:

· I have read these terms;

· the terms are clear to me;

· I had the opportunity to ask questions and receive additional information;

· I provide my data to the Agency voluntarily;

· I agree to the above rules concerning the Agency’s services, candidate selection, and payment obligations.


Employer’s full name:

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Personal / identification number:

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Telephone number:

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Vacancy ID:

________________________________________

Date:

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Signature:

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