Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Stat. Auth.: ORS
658.210; Other Auth SB 341 (2003
Legislature)
Stats. Implemented: ORS 658-005-658
-991
