As a commercial guarantee, and subject to compliance with the conditions set out below, Profile Group undertakes to restart the search process with a view to presenting replacement candidates if the placed candidate leaves the Client’s company within twelve (12) months of taking up the post.
Conditions for the application of the replacement guarantee
The replacement guarantee applies only if the following conditions are met:
- The termination of the contract is initiated by the Client due to proven unsuitability for the role (skills, performance or behavior), and is not for any economic, organizational or structural reason.
- The Client undertakes to have offered the candidate normal conditions for onboarding and role performance.
- Full payment of the fees relating to the initial recruitment has been made by the due date. The invoice has been paid in full within the specified time frame and no further sums are owed by the Client to Profile Group.
- The position to be filled remains the same as the position initially assigned (duties, level, main location, remuneration package, working hours and reporting line). Any substantial change shall give rise to a new, separate assignment.
What are the exclusions?
The replacement guarantee does not apply in the event of the candidate’s resignation, termination for economic reasons or reorganization, modification of the contractual terms by the Client, breach by the Client of its contractual or legal obligations, or in the event of force majeure.
What are the replacement fees & costs:
The mechanism is applied on a pro rata basis:
- in the event of departure within the first eight (8) months following commencement of employment, the search is restarted at no additional fee.
- in the event of departure between the ninth (9th) and twelfth (12th) month, the search is restarted subject to a contribution from the Client equivalent to fifty per cent (50%) of the initial fees.
- No replacement is due beyond twelve (12) months.
External costs associated with restarting the search, including costs for advertisements, dissemination, and external assessment tools, shall in all circumstances be borne by the Client, including under the guarantee.
Single replacement
The replacement guarantee is limited to one replacement candidate per executive position. If the replacement candidate also leaves the position during the 12-month guarantee period, the guarantee shall be deemed fulfilled and no further replacement or refund shall be made.
Notification and cooperation
Should a situation arise where a replacement candidate is required, the Client must notify Profile Group in writing within 30 days of the candidate’s departure from the executive position. The Client agrees to provide Profile Group with detailed and timely information regarding the circumstances of the candidate’s departure, as well as any relevant documentation or comments to facilitate the replacement process. The Client also agrees to cooperate in good faith with Profile Group during the replacement process.
Replacement process
Profile Group will initiate a new recruitment process to identify and present suitable replacement candidates to the Client within a reasonable timeframe. The replacement consists of restarting the recruitment process, including, in particular, re-advertising the vacancy, sourcing and/or direct approach activities, screening and interviews, as well as the presentation of candidates meeting the essential criteria of the role. The guarantee covers a single replacement per initial recruitment and is limited to a search period of eight (8) weeks from the date the Client approves the restart brief. At the end of this period, the assignment shall be deemed to have been completed.
Limitation of liability
Profile Group’s liability under the replacement guarantee is limited to providing a replacement candidate and does not extend to any other costs, damages or liabilities incurred by the client in connection with the candidate’s departure or the subsequent replacement process.
Conclusion
Profile Group offers a replacement guarantee when the new employee does not perform as expected despite the ongoing support of his management and team and only if the position remains the same.