Current through Register Vol. 54, No. 38, September 21, 2024
(a)
Character of applicant. In interpreting the phrase "the
character of the applicant makes him unfit to be an employment agent" in
section 7 of the act (43 P. S. §
541), the Department will consider, among
other factors, the following:
(1) Reputation
of the applicant in the community.
(2) The criminal record, if any, of the
applicant whether or not the applicant has ever been convicted of any crime,
exclusive of minor traffic violations.
(3) The record of the applicant, if any, in
the employment agency field and, when applicable, the effect that the lack of
training, experience or education in employment agencies or related fields may
have in the operation of the agency.
(4) Whether the applicant has sufficient
familiarity with the provisions of the act and this Subchapter so that he will
be able to comply with them.
(5)
The financial stability and responsibility of the applicant.
(b)
Plan of business.
In interpreting the phrase "the proposed plan of business is unjust
or unfair under the terms of this act" in section 7 of the act (43 P. S. §
541), the Department will presume any plan to
be unjust or unfair if any of the following conditions exist:
(1) If the applicant is required to sign a
contract containing a confession of judgment clause unless the employe is a
nonresident of this Commonwealth and is placed in a position outside of this
Commonwealth.
(2) If the schedule
of fees does not provide for a temporary fee applicable in situations specified
in the act and this Subchapter, not to exceed 10% of the total amount earned
for the first ten weeks of employment, but in no case to exceed the applicable
fee for a permanent position.
(3)
If the proposed schedule of fees and forms do not comply with the requirements
of §
9.14 (relating to schedule of fees
and forms).
(4) If the employment
agent has any agreement or enters into any agreement with any lender of monies
which agreement provides that the employment agency will receive a commission
from the lender by the employment agent.
(5) If the plan provides for a fee based on
remuneration in excess of that initially contracted for between the employer
and the applicant.
(c)
Bonds. If the same employment agency has two or more licenses
he shall file a separate bond for each license as required by section 9 of the
act (43 P. S. §
543).
