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What is the difference between contingent and retained recruiting?

LiveRec EditorialUpdated

In contingent vs retained recruiting, a contingent recruiter is paid only if the client hires a candidate they introduced. A retained recruiter is paid in instalments, usually starting before a hire, and typically works the search exclusively. Contingent shifts risk to the recruiter; retained shifts commitment to the client.

At a glance

ContingentRetained
When paidOn hire (start date)In stages: at engagement, at shortlist, at hire
Exclusive?Usually notUsually yes
Client riskLow up-frontPays even if no hire
Recruiter riskHigh; unpaid if no hireLower
Typical rolesVolume or mid-levelSenior, confidential, hard to fill
Recruiter effort per roleSpread across many rolesConcentrated on one

How are retained fees staged?

Stages are negotiated. Example only: total fee 36,000 on a USD 120,000 base (30%), paid one-third on engagement (12,000), one-third at shortlist delivery (12,000), one-third on hire (12,000). If no hire occurs, the recruiter keeps the first two instalments unless the agreement says otherwise.

Which should I offer?

  • Offer contingent to win trust with new clients and for roles many firms can fill. Expect competition from other recruiters and in-house teams.
  • Offer retained when the role is senior, confidential or needs sustained effort, and the client will commit exclusivity.
  • A hybrid, sometimes called container, takes a smaller up-front deposit credited against the final fee. Name it clearly in the agreement.

How do you choose between contingent and retained?

Ask four questions about each search:

  1. How hard is the role to fill? Scarce skills and senior roles justify more recruiter time, which favors retained.
  2. Is the client prepared to commit? A client who will not give exclusivity or pay up front is usually a contingent client.
  3. Is the search confidential? Replacing an executive quietly is a common reason to retain a recruiter.
  4. How many other recruiters are working on it? If the role is open to many firms, a contingent recruiter competes on speed.

Step by step: put the model in the agreement

  1. Name the model: contingent, retained or container.
  2. State what triggers each payment, such as a signed engagement, a delivered shortlist or the candidate's start date.
  3. Define compensation for the fee calculation. See placement fee percentage.
  4. Say whether the search is exclusive and for how long.
  5. Add the guarantee period and the remedy: replacement search or refund.
  6. Add a protection period for candidates you introduced.
  7. Have both parties sign before you submit a candidate.

Common mistakes

  • Offering retained terms to a client who will not commit to exclusivity.
  • Starting a retained search without agreed deliverables.
  • Working a contingent role for a client who has not signed.
  • Leaving out the protection period.
  • Calling a deposit "refundable" in conversation but not in the agreement.

Side by side: what to define in a retained agreement

TermWhat to define
DeliverablesShortlist size, number of candidates, date
TimelineSearch start, shortlist date, review dates
ReportingWeekly update, who receives it
Payment stagesAmounts and triggers
ExclusivityLength, and what ends it
CancellationWhat the client owes if they stop the search

What goes wrong?

Contingent: client hires the candidate through another route and refuses to pay. A protection period clause helps. Retained: unclear deliverables. Define shortlist size and timeline.

FAQ

Can I do both? Yes; set the model per client in writing.

Do retained recruiters guarantee a hire? Not by default; check the guarantee clause.

Is a deposit refundable? Only if the agreement says so.

What is a container search? A hybrid where a smaller deposit is paid up front and credited against the final fee. Define the credit and what happens without a hire.

Which model pays recruiters faster? Retained pays in stages from engagement. Contingent pays when the candidate starts, as the agreement defines it.

Next step: use the fee agreement template.