Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-1-8 - Basis For Fee Charges8.1. Placement fees may be computed on the basis of permanent employment unless the valid order received from the employer is for temporary employment. However, if the employee is terminated without fault on his part within the first ninety (90) days of employment, a temporary fee will be charged.8.2. "Without Fault" (see 8.1) shall include, but not necessarily limited to, the following: (a) Wage rate or salary less than agreed upon.(b) Working hours, working days or working shift different than agreed upon unless such differences affect other employees of similar job classifications, such as a complete reorganization of department or section affecting all job assignments or orders, so as not to indicate discrimination.(c) Type of work assignment different than agreed upon. EXCEPTION: An applicant hired as a "Trainee" agrees that the choice of actual assignment remains with the employer.(d) Location of job different than agreed upon.(e) Lack of mental or physical ability to perform duties connected with position agreed upon by applicant and employment agency.(f) Lockout or strike, causing loss of pay during fee-based period.(g) Physical or economic destruction of place of employment.(h) Employee enters active service in Armed Forces.(i) Death of employee, the refund in case of an applicant paid fee will be to the estate of the deceased.8.3. "At Fault" (see 8.1) shall include, but not necessarily limited to, the following: (a) Willful absence from place of employment.(b) Willful violation of company policy or rules.(c) Misrepresenting or withholding any requested information, including, but not limited to, health (including pregnancy), education, work experience, responsibility or training, that would cause the employer to refuse employment.8.4. All situation not covered by (b) and (c) above shall be determined by the Commissioner of Labor.8.5. Applicant shall be allowed up to sixty (60) days from start of employment to pay fee to the agency without interest or additional charges of any kind. Interest on unpaid balance of said fee may be charged after sixty (60) days from start of employment and shall be at the legal rate of interest. An employment agent shall not require the applicant to make any arrangement with a third party for payment of the fee.