Current through Register Vol. 50, No. 3, March 20, 2024
A. Private
Employment Services Contract
1. This contract
is entered into by and between _________________ hereinafter referred to as the
applicant and (name of private employment service) hereinafter referred to as
the employment service. Acceptance means agreement by applicant with employer
to begin work.
2. Should applicant
accept employment with an employer to which the employment service has referred
him/her within one year from the date of this contract, the applicant agrees to
pay a fee for professional services rendered in accordance with the schedule
contained in Paragraph 4. This contract 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. Applicant hereby agrees to execute a
payroll check mailing agreement and a limited power of attorney authorizing the
employment service to receive applicant's payroll checks, pay to itself the
applicable placement fee and remit the remainder of wages to applicant as
spelled out in the limited power of attorney.
4. The professional service placement fee
shall be based on the applicant's projected daily wage rate, multiplied times
_____ days.
5. Upon acceptance of a
job, the employment service shall prepare an invoice which states the actual
placement fee and place the invoice in the applicant's file. The placement fee
shall be paid in strict accordance with terms of the limited power of attorney
alluded to above and all files concerning the placement fee, limited power of
attorney and mailing agreement shall be maintained in the applicant's file for
a period of five years after the aforementioned power of attorney
expires.
6. The estimates of
applicant's daily wage rate found herein are for the purpose of computing
service charge and in no way guarantee the procured employment for a year. The
fee is earned by employment service when applicant accepts employment and is
payable as follows.
a. No down payment is
required! Payments will be 20 percent of gross pay of each payroll check until
fee has been paid in its entirety.
Guarantee
If position employment service has obtained for applicant
ends within 90 days from date of employment, regardless of reason, the service
charge will be reduced to 20 percent of gross earnings of applicant. All
refunds due shall be made promptly by employment service upon proper
verification of earnings with employer, and in no case shall the delay exceed
14 days from applicant's request. If applicant accepts a position and then
remains with his present employer, he agrees to pay 20 percent of the
applicable fee for position accepted.
7. 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.
8. It is understood that if
any section of this contract is in conflict with 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.
9.
(Name of Private Employment Service) agrees that it will not under any
interpretation of this contract make more than one service charge for any one
placement. The parties hereto acknowledge receipt of a copy of this contract;
they have read and understand all provisions thereof and agree to abide by its
terms and conditions.
_____________________________________
SIGNATURE OF APPLICANT
_____________________________________
DATE
_____________________________________
SOCIAL SECURITY #
_____________________________________
SIGNATURE OF PES REPRESENTATIVE
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
23:112.
