P.R. Laws tit. 29, § 568

2019-02-20 00:00:00+00
§ 568. Private employment agencies—Fees charged by agency; notice; fairness

(a) It shall be the duty of every employment agency to file with the office of the Secretary a schedule of the fees which said agency intends to charge for all the services which it may render to employers and workmen, in such manner as the Secretary may by order, rule, or regulation prescribe as reasonable and proper to the public interest and for the protection of employers and workmen; Provided, That an employment agency may at any time file with the office of the Secretary an amended schedule of fees which, if approved by the Secretary, shall take effect sixty (60) days after the date of the filing thereof.

(b) It shall be unlawful for any agency to charge or accept, directly or indirectly, fees other than those included in the schedule of fees filed with the office of the Secretary under subsection (a) of this section.

(c) The Secretary is hereby granted authority to investigate, upon the filing of a complaint or on his own initiative, the fairness of the fees proposed or fixed by an employment agency, as same may appear on the schedules filed in his office under subsection (a) of this section, or of such fees as are directly or indirectly charged by an employment agency, as well as those fixed by an order or rule or regulation pursuant to §§ 564—574 of this title.

The Secretary, or the person from his Department that he may designate, shall after summons served on the interested parties, hold a public hearing for the purpose of determining whether or not the fees proposed or fixed are reasonable; and he may in said hearing, examine any particular, fact, or other factor with respect to the fixing and collection of said fees. As a result of the investigation therefor made, the Secretary may approve, reduce, increase, or prohibit the collection of all or some of the fees, as the case may be. In order to reach said conclusions, the Secretary shall, among other factors, consider the kind of agency, the financial and competition factors involved, the kind of employment offered or requested, the duration of the employment, and the wages to be paid for such employment. In any hearing held for the increase of fees, the burden of proof to the effect that the increase is fair and reasonable and involves no discrimination against employers and employees and the general public, shall be on the employment agency.

History —May 14, 1947, No. 417, p. 826, § 5.