La. Admin. Code tit. 40 § XV-123

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-123 - Private Employment Services Contract

A. Applicant Contract Date:______

1. This contract is entered into by and between, hereinafter referred to as the applicant and, hereinafter referred to as the Employment Service.

2. Should applicant accept employment with an employer or subsidiary to which the employment service has referred within 12 months from date of referral, applicant agrees to pay for professional services in accordance with the schedule contained in Paragraph 5. This contract is valid for a period of one year from the above date or can be terminated by either party at any time by written notice, but not to the detriment of any legal rights or obligations incurred prior to such termination.

3. Acceptance means agreement by applicant with an employer to begin work.

4. Schedule of Fees (Rate of Professional Service Charges Based on Projected Annual Compensation at Time of Acceptance). The method of computing applicant's projected annual compensation, shall be 52 times applicant's weekly compensation, or 12 times applicant's monthly compensation or as outlined in Paragraph 7 of this contract. These estimates are for the purpose of computing service charges and in no way guarantee the procured employment for a year.

5. Schedule of Fees

Estimated Gross Annual Compensation
Maximum Fee
Less than $ 4,000	4%
$4,000 but less than $ 5,000	5%
$5,000 but less than $6,000	6%
$6,000 but less than $ 7,000	7%
$7,000 but less than $ 8,000	8%
$8,000 but less than $ 9,000	9%
$9,000 but less than $10,000	10%
$10,000 but less than $11,000	11%
$11,000 but less than $12,000	12%
$12,000 but less than $13,000	13%
$13,000 but less than $14,000	14%
$14,000 but less than $15,000	15%
$15,000 but less than $16,000	16%
$16,000 but less than $17,000	17%
$17,000 but less than $18,000	18%
$18,000 but less than $19,000	19%
$19,000 but less than $20,000	20%
$20,000 but less than $21,000	21%
$21,000 but less than $22,000	22%
$22,000 but less than $23,000	23%
$23,000 but less than $24,000	24%
$24,000 but less than $25,000	25%
$25,000 and up shall never exceed	25%

Fees are rounded down to the nearest dollar.

6. It is agreed that applicant shall at all times have the right to refuse any employment tendered. The fee of the employment service is earned when applicant accepts employment, payable as follows except that in no case shall any portion of the fee be collected before the applicant commences work on the new job and in no case shall the full amount of the fee be mandatorily payable sooner than 30 days from the date employment begins.

Guarantee

If the position the employment service has obtained for applicant ends within 90 consecutive calendar days from date of employment, regardless of reason, the service charge will be reduced to 20 percent of the gross earnings of the applicant. All refunds due shall be made promptly by the employment service upon proper verification of earnings with the employer, and in no case shall the delay exceed 14 days from date verification in writing is received. The applicant shall be responsible for obtaining verification of earnings from employer. If applicant accepts a position and then remains with his present employer, he agrees to pay 20 percent of the applicable fee for the position accepted.

7. If applicant accepts a job where he/she is compensated on a straight commission, drawing account, salary plus bonus or any combination of these, he/she agrees that the employment service fee shall be based on his/her first full year's gross compensation as estimated by the employer. The fee shall be adjusted downwards or upward accordingly at the end of the first full year of employment based upon proof of actual compensation. Requests for adjustment must be made by either party in writing within 60 days following the first full year of employment or termination, whichever is sooner. Under no circumstances will overtime pay be included in gross earnings.

8. Applicant's acceptance of an introduction by the employment service shall take precedence over any previous application he may have filed with said employer.

9. Applicant hereby stipulates and agrees to pay a penalty of 25 percent as attorney fees, plus court cost, on the earned fees due the employment service should it become necessary for the service to obtain counsel, a collection service, or resort to court action to collect same.

10. Applicant hereby stipulates that any agreement regarding the reimbursement of the service charge to applicant by the employer, is a separate agreement between said employer and applicant. Applicant further stipulates that regardless of any such agreement, applicant is responsible for the service charge under the conditions and terms of the contract.

11. It is understood that if any section of this contract is in conflict with the Louisiana Private Employment Service Law or the rules and regulations established thereunder, then the provisions of law, rule and regulations shall govern. The declaration that any section of this contract conflicts with the provisions of law shall not render the remainder of this contract null, and to that end the sections of this contract are declared severable.

12. The employment service agrees that it will not under any interpretation of this contract make more than one full service charge for any one placement.

13. The parties hereto acknowledge receipt of a copy of this contract; that they have read and understand all provisions thereof and agree to abide by its terms and conditions.

APPLICANT: _____________________

DATE: __________________________

BY: ____________________________

PES REPRESENTATIVE: __________________

La. Admin. Code tit. 40, § XV-123

Promulgated by the Department of Labor, Office of Labor, LR 7:631 (December 1981), amended LR 14:231 (April 1988), amended by the Department of Employment and Training, Office of Labor, LR 17:357 (April 1991), amended by the Department of Labor, Office of Regulatory Services LR 28:514 (March 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:112.