What should a Recruitment Services Agreement include under Thai law?

1. Definitions and Interpretation
2. Appointment
3. Agency's Licence and Obligations
4. Client's Obligations
5. Fees and Payment
6. Replacement Guarantee
7. Introductions and Ownership Period
8. Candidate Data and Automated Tools
9. Confidentiality
10. Liability
11. Anti-Corruption
12. Term and Termination
13. Governing Law and Disputes
14. General

• A recruitment agreement in which the Agency is paid for finding and delivering Candidates is likely to be treated as a hire of work (Instrument 4 of the Stamp Duty Schedule). Duty is 1 THB for every 1,000 THB or part of 1,000 THB of the fees. On the Contract Value you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered.Because the Fees are in …, convert the Contract Value to Thai Baht at the exchange rate on the date of signing and calculate the duty on the Baht amount.
• The Agency pays the duty (Clause 5.6). Fees depend on salaries that are not known at signing, so the Contract Value is an estimate; if the Fees actually received are higher, additional duty is due. If the Agreement is signed electronically, pay through the Revenue Department's e-Stamp Duty system within 15 days after signing.
• An unstamped agreement cannot be used as evidence in a Thai civil court until the duty and a surcharge are paid (Revenue Code section 118).

• A business that finds jobs for job seekers in Thailand for a fee needs a licence from the Department of Employment. Ask for a copy of the licence and check that it is current before signing (Clause 3.1). Recruiting workers from abroad for employment in Thailand, or sending Thai workers abroad, is regulated separately and needs different permissions.
• The law strictly limits what an agency may take from job seekers. This Agreement goes further: the Agency may not charge Candidates anything (Clause 3.3). A Candidate who is asked to pay should report it to you.

• The Fee is due when the Candidate starts workaccepts the written offer (Clause 5.2). Tell the Agency the Annual Base Salary as soon as the offer is accepted (Clause 4.1).
• Withdrawing an accepted offer for a reason unconnected with the Candidate costs 50% of the Fee (Clause 5.3). Thai courts may reduce an agreed payment of this kind if it is excessive compared with the Agency's actual loss (Civil and Commercial Code section 383).
• If a placed Candidate leaves within … days, give written notice within 14 days (Clause 6.1). The guarantee does not cover redundancy or a changed role (Clause 6.3).
• A Fee is payable if you hire a Candidate within … months after the Introduction, even for another role (Clause 7.1). If you were already talking to the person, tell the Agency within 5 Business Days.
• The retainer is credited against the first Fee (Clause 5.7). It is refundable in full if the Agency fails to deliver a shortlist on time or ends the Agreement; if you cancel, the Agency may keep only a fair amount for the work it has actually done and reported.

• A Thai company paying service fees to a Thai agency normally withholds 3% and gives a withholding tax certificate (Clause 5.4). A registered agency adds VAT.
• If the Agency is outside Thailand, different withholding rules may apply and a double tax treaty may change the rate. Ask an accountant before paying.

• Each Party is a separate data controller for Candidate data (Clause 8.1). Under the Personal Data Protection Act B.E. 2562 (2019), criminal records, health data and biometric data are sensitive data that need explicit consent or another legal basis (section 26). Background checks should be done only with the Candidate's written consent.
• Delete the CVs of unsuccessful Candidates within 12 months (Clause 8.3), unless the Candidate agrees to be kept on file.
• Candidate data sent to you outside Thailand is a cross-border transfer, allowed only if the destination has adequate protection or another legal ground applies (sections 28 and 29).
• If either side uses AI tools to screen or rank Candidates, a person must review before any rejection (Clause 8.6). Automated tools can repeat bias, and using them without human review invites complaints.

• Keep job requirements tied to the real needs of the Role. Thai labour law requires equal treatment of men and women in employment unless the nature of the work does not allow it (Labour Protection Act section 15).
• A foreign Candidate may start only after the Client obtains a work permit (Clause 4.2). Build the time for the permit into the start date.

• Keep the Agency's licence, the Role specifications, each Introduction email with its date, offers and acceptances. Introduction dates decide the Ownership Period and whether a Fee is due.
• A company should sign through its authorised director(s) as shown in its company affidavit.
• A Thai court works in Thai. A Party relying on this Agreement or on English emails must file a certified Thai translation.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-3A7A24. If you reuse this content, please credit the author and link to the original.