OAR 839-017-0500
Contracts Between Employment Listing Services and Individuals

(1)

Before collecting a fee from an individual, Employment Listing Services must comply with the following provisions:

(a)

The Employment Listing Service must execute a written contract with the individual; and

(b)

The Employment Listing Service must provide a copy of the contract to the individual.

(2)

Written contracts between an Employment Listing Service and individuals must include the following information:

(a)

The name, physical address, mailing address if any, and telephone number of the Employment Listing Service;

(b)

The name, address, and telephone number of the individual;

(c)

A statement that the Employment Listing Service is registered with the Corporation Division pursuant to OAR 839-017-0515 (Employment Listing Services Required to be Registered);

(d)

The effective dates of the contract;

(e)

The signature of an authorized Employment Listing Service representative and date of signature;

(f)

The signature of the individual contracting with the Employment Listing Service and date of signature;

(g)

The fee schedule of the Employment Listing Service as provided in OAR 839-017-0505 (Fees Charged by Employment Listing Services);

(h)

A description of the information that will be provided by the Employment Listing Service to the individual, including but not limited to:

(A)

The format of the information to be provided (e.g., written publication, internet information, by telephone);

(B)

How and when the information may be accessed by the individual; and

(C)

When updates will be made to the information.
(i)
A statement specifying the frequency of verification of the availability of positions by the Employment Listing Service;

(j)

Any contract terms which may be changed by the Employment Listing Service and notification provisions relating to such changes;

(k)

Provisions for and terms of any contract extensions;

(L)

Any contract cancellation provisions;

(m)

Any guarantees of the Employment Listing Service;

(n)

Refund terms and conditions if any; and

(o)

The following statements:

(A)

"In addition to the penalties provided under ORS 658.115 (Civil penalties) and 658.991 (Criminal penalties), an employment listing service shall forfeit any fees received from an individual if the employment listing service fails to provide to the individual a copy of:
(i)
The fee schedule that the employment listing service charges;
(ii)
All contracts entered into between the employment listing service and the individual; and any changes in the fees that the employment listing service charges an individual who uses its service." and

(B)

“READ BEFORE SIGNING — This is a contract. You understand that (Name of Employment Listing Service) provides information on bona fide job listings but does not guarantee you will be offered a job. You also understand you are liable for the payment of the fee when you receive the list or job listing information. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You must be given a copy of this contract at the time you sign it.”

(3)

There may be no oral agreements or additions to any contract between an Employment Listing Service and individual. Any terms, conditions, or understandings between an Employment Listing Service and individual must be in writing.

(4)

Employment Listing Services must retain copies of all contracts for no fewer than three years from the execution date of the contract.

Source: Rule 839-017-0500 — Contracts Between Employment Listing Services and Individuals, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-017-0500.

839‑017‑0004
Definitions Generally 839‑017‑0011
Contents of Contracts between Employment Agencies and Applicants for Employment 839‑017‑0012
Additional Requirements for Contracts between Employment Agencies and Applicants for Employment 839‑017‑0013
Contract Requirements When Employment Compensation Is Based on Commission 839‑017‑0025
Contract Clauses or Statements That Are Not Required but May Be Included 839‑017‑0030
Refunds to Applicants 839‑017‑0031
Oral Agreements or Additions to Contracts Prohibited 839‑017‑0032
Record of Contracts 839‑017‑0040
Fee Paid Positions 839‑017‑0045
Addendum to Contract to Provide Specific Terms for Payment 839‑017‑0051
Definitions for Job Order and Job Referral Document Rules 839‑017‑0052
Bona Fide Job Order Requirements 839‑017‑0053
When an Exploratory Job Order/Interview Is Considered to Be Given 839‑017‑0054
Identification by Agency to Employer and Accepting Fee Paid Orders 839‑017‑0060
Information Required to Be Contained in a Job Order 839‑017‑0070
Job Referral Documents 839‑017‑0071
Job Referral Documents to Include Expiration of Referral Information 839‑017‑0072
Applicants Required to Receive Job Referral Documents 839‑017‑0101
Fee Earned by Agency Responsible for Placement 839‑017‑0102
Determination of Agency Entitled to Fee 839‑017‑0103
Definitions for the Purpose of Solving Interagency Disputes 839‑017‑0151
Interest, Fees, or Other Charges Allowed as Credits for Permanent Employment Lasting Less Than 90 Days 839‑017‑0152
Interest, Fees, and Other Charges May Be Prorated 839‑017‑0153
Agencies Required to Make Effort to Procure Necessary Information for Making Rebates 839‑017‑0177
Publication of False, Misleading, or Fraudulent Information Prohibited 839‑017‑0178
Advertising Must Be Factual 839‑017‑0180
Advertising Deemed False or Misleading 839‑017‑0271
Enforcement Actions against Bonds or Deposits Generally 839‑017‑0272
Filing Claims Against Bonds or Letters of Credit Maintained by the Employment Agency 839‑017‑0274
Violations for Which a Civil Penalty May Be Imposed 839‑017‑0275
Violations Separate and Distinct 839‑017‑0276
Definition of “Acting Knowingly” 839‑017‑0277
Criteria to Determine Civil Penalty to Be Imposed 839‑017‑0280
Schedule of Civil Penalties to Be Imposed 839‑017‑0300
Waiver from Requirement to Use Word “Agency” or “Agencies” as Part of Name of Employment Agency 839‑017‑0376
Disputes Between Agencies and Their Employees 839‑017‑0476
Time for Maintenance of Records 839‑017‑0477
Method of Maintaining Records 839‑017‑0500
Contracts Between Employment Listing Services and Individuals 839‑017‑0505
Fees Charged by Employment Listing Services 839‑017‑0510
Confirmation of Position Availability by Employment Listing Services 839‑017‑0515
Employment Listing Services Required to be Registered 839‑017‑0520
Employment Listing Service Fee Forfeiture Provisions
Last Updated

Jun. 8, 2021

Rule 839-017-0500’s source at or​.us