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Replacement guarantee
Replacement guarantee is a commercial promise that if the named seat fails inside a stated window, the search firm runs another search without a second placement fee. It is a sales contract. It is not Article 296.
Also called restaff window, replacement search
How it works
Read four numbers: the length of the window, what counts as a fail, how many restaffs you get, and what happens if the firm cannot restaff. Ninety days and one replacement is a common private pattern. Six months is another. Failure should be defined as the person leaving, or you ending the seat for performance you documented, not as ‘we changed our mind about the role.’ The Labor Code probation clock is separate and can run six months from first day of work. You can owe a lawful exit to the worker on Tuesday and still be inside a commercial restaff window with the recruiter on Wednesday.
Example: start 1 April, 90-day commercial window, six-month statutory probation. On 20 June the EA is not writing at the bar you set on day one. You end the employment through the local employer with notice that matches the contract, then email the recruiter for the restaff. Final pay still runs on the 30-day advisory clock. The second search does not reset thirteenth-month already earned by the first person.
How it differs
Probationary period is a Labor Code status. Replacement search is the work the firm does next. Backfill is any later hire after the window. Cost of replacement is the money you spend when there is no window left.
Common errors
Using the guarantee as the only performance process. Waiting until day 91 to mention a problem that started in week two. Assuming a restaff means the first person can be dropped without final pay.