Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part XV - Private Employment Services › Chapter 1 - General Provisions › Section XV-127 - Private Employment Services Contract for Applicant Escrow Account

Current through Register Vol. 50, No. 6, June 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