Or. Admin. Code § 839-017-0500

Current through Register Vol. 63, No. 11, November 1, 2024

Section 839-017-0500 - Contracts Between Employment Listing Services and Individuals

(1) Before collecting a fee from an individual, Employment Listing Services must comply with the following provisions:

(a) The Employment Listing Service must execute a written contract with the individual; and

(b) The Employment Listing Service must provide a copy of the contract to the individual.

(2) Written contracts between an Employment Listing Service and individuals must include the following information:

(a) The name, physical address, mailing address if any, and telephone number of the Employment Listing Service;

(b) The name, address, and telephone number of the individual;

(c) A statement that the Employment Listing Service is registered with the Corporation Division pursuant to OAR 839-017-0515;

(d) The effective dates of the contract;

(e) The signature of an authorized Employment Listing Service representative and date of signature;

(f) The signature of the individual contracting with the Employment Listing Service and date of signature;

(g) The fee schedule of the Employment Listing Service as provided in OAR 839-017-0505;

(h) A description of the information that will be provided by the Employment Listing Service to the individual, including but not limited to:

(A) The format of the information to be provided (e.g., written publication, internet information, by telephone);

(B) How and when the information may be accessed by the individual; and

(C) When updates will be made to the information.

(i) A statement specifying the frequency of verification of the availability of positions by the Employment Listing Service;

(j) Any contract terms which may be changed by the Employment Listing Service and notification provisions relating to such changes;

(k) Provisions for and terms of any contract extensions;

(L) Any contract cancellation provisions;

(m) Any guarantees of the Employment Listing Service;

(n) Refund terms and conditions if any; and

(o) The following statements:

(A) "In addition to the penalties provided under ORS 658.115 and 658.991, an employment listing service shall forfeit any fees received from an individual if the employment listing service fails to provide to the individual a copy of:

(i) The fee schedule that the employment listing service charges;

(ii) All contracts entered into between the employment listing service and the individual; and any changes in the fees that the employment listing service charges an individual who uses its service." and

(B) "READ BEFORE SIGNING -- This is a contract. You understand that (Name of Employment Listing Service) provides information on bona fide job listings but does not guarantee you will be offered a job. You also understand you are liable for the payment of the fee when you receive the list or job listing information. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You must be given a copy of this contract at the time you sign it."

(3) There may be no oral agreements or additions to any contract between an Employment Listing Service and individual. Any terms, conditions, or understandings between an Employment Listing Service and individual must be in writing.

(4) Employment Listing Services must retain copies of all contracts for no fewer than three years from the execution date of the contract.

Or. Admin. Code § 839-017-0500

BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04

Stat. Auth.: ORS 658.210; Other Auth SB 341 (2003 Legislature)

Stats. Implemented: ORS 658-005-658 -991