Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-123 - Private Employment Services Contract

Current through Register Vol. 50, No. 6, June 20, 2024
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: __________________