Full Text of HB3785 100th General Assembly
HB3785enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Private Employment Agency Act is amended by | 5 | | changing Sections 1.5, 4, and 5 and by renumbering and changing | 6 | | Section 11 as follows:
| 7 | | (225 ILCS 515/1.1) (was 225 ILCS 515/11)
| 8 | | Sec. 1.1 11 . Definitions. As When used in this Act, unless | 9 | | the context
indicates otherwise:
| 10 | | "Employment The term "employment agency" means any person | 11 | | engaged for gain or profit
in the business of placing, | 12 | | referring, securing, or attempting to secure employment for | 13 | | persons
seeking employment, or in finding employees for | 14 | | employers. However, "employment the term
"employment agency" | 15 | | does shall not include any person engaged in the business of | 16 | | consulting or recruiting, and who in
the
course of such | 17 | | business is
compensated solely by any employer to identify, | 18 | | appraise, or
recommend
an
individual or individuals who are at | 19 | | least 18 years of age or who hold a high
school diploma for | 20 | | consideration for a position, provided that in no
instance is | 21 | | the individual who is identified, appraised, or recommended for
| 22 | | consideration for such position charged a fee directly or | 23 | | indirectly in
connection with such identification, appraisal, |
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| 1 | | or recommendation, or for
preparation of any resume, or on | 2 | | account of any other personal service
performed by the person | 3 | | engaged in the business of consulting or recruiting; but this | 4 | | exclusion is not applicable to
theatrical employment agencies | 5 | | or domestic service employment agencies.
| 6 | | "Employer" The term "employer" means any person employing | 7 | | or seeking to employ any
person for hire.
| 8 | | "Employee" The term "employee" means any person performing | 9 | | or seeking to perform
work or services of any kind or character | 10 | | whatsoever for hire.
| 11 | | "Person" The term "person" means any person, firm, | 12 | | association, partnership, limited liability company, | 13 | | association,
corporation, or other legal entity or its legal | 14 | | representatives, agents, or assigns.
| 15 | | "Employment counselor" means an employee of an employment | 16 | | agency
who interviews, counsels, or advises applicants or | 17 | | employers or both on
employment or allied problems, or who | 18 | | makes or arranges contracts or contacts
between employers and | 19 | | employees. "Employment counselor" includes an
employee who | 20 | | solicits orders for employees from prospective employers. The | 21 | | term "employment counsellor" means employees of any employment | 22 | | agency
who interview, counsel, or advise applicants or | 23 | | employers or both on
employment or allied problems, or who make | 24 | | or arrange contracts or contacts
between employers and | 25 | | employees. The term "employment counsellor" includes
employees | 26 | | who solicit orders for employees from prospective employers.
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| 1 | | "Acceptance" The term "acceptance" means a mutual | 2 | | agreement, verbal or written,
between employee and employer as | 3 | | to starting salary, position, and time and
place of employment.
| 4 | | "Applicant" The term "applicant" means any person who uses | 5 | | the services of an
employment agency to secure employment for | 6 | | himself.
| 7 | | "Department" The term "department" means the Department of | 8 | | Labor.
| 9 | | "Director" The term "Director" means the Director of the | 10 | | Department of Labor.
| 11 | | "Fee" The term "fee" means money or a promise to pay money. | 12 | | "Fee" The term "fee"
also means and includes the excess of | 13 | | money received by any such licensee
over what he or she has | 14 | | paid for transportation, transfer of baggage, or lodging,
for | 15 | | any applicant for employment. "Fee" The term "fee" also means | 16 | | and includes
the difference between the amount of money | 17 | | received by any person, who
furnishes employees or performers | 18 | | for any entertainment, exhibition or
performance, and the | 19 | | amount paid by the person receiving the amount of
money to the | 20 | | employees or performers whom he or she hires to give such
| 21 | | entertainment, exhibition or performance.
| 22 | | "Privilege" The term "privilege" means and includes the | 23 | | furnishing of food,
supplies, tools , or shelter to contract | 24 | | laborers, commonly known as
commissary privileges.
| 25 | | "Theatrical The term "theatrical employment agency" means | 26 | | and includes the business
of conducting an agency, bureau, |
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| 1 | | office or any other place for the purpose
of procuring or | 2 | | offering, promising or attempting to provide engagements
for | 3 | | persons who want employment in the following occupations: | 4 | | circus,
vaudeville, theatrical and other entertainment, or | 5 | | exhibitions, or
performances, or of giving information as to | 6 | | where such engagements may be
procured or provided, whether | 7 | | such business is conducted in a building, on
the street, or | 8 | | elsewhere.
| 9 | | "Theatrical The term "theatrical engagement" means and | 10 | | includes any engagement or
employment of a person as an actor, | 11 | | performer, or entertainer, in a circus,
vaudeville, theatrical | 12 | | or any other entertainment, exhibition , or
performance.
| 13 | | "Emergency The term "emergency engagement" means and | 14 | | includes any engagement that
is to be performed within 24 hours | 15 | | of the time such application was made by
an employer.
| 16 | | "Domestic The term "domestic service" means household work | 17 | | in the home of the
employer and includes, but is not limited | 18 | | to, work as a maid, cook, butler,
gardener, chauffeur, | 19 | | housekeeper , or babysitter.
| 20 | | (Source: P.A. 99-422, eff. 1-1-16 .)
| 21 | | (225 ILCS 515/1.5) | 22 | | Sec. 1.5. Application for license; application fees; | 23 | | disclosure of fees, charges, and commissions; investigation of | 24 | | applicants; renewal of license; changes in structure and | 25 | | management of licensees. |
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| 1 | | (a) The applicant for a license shall furnish to the | 2 | | Department the following: | 3 | | (1) An affidavit stating that he has never been a party | 4 | | to any fraud, has no jail or prison record, belongs to no | 5 | | subversive societies, is of good moral character, has | 6 | | business integrity and is financially responsible. In | 7 | | determining moral character and qualification for | 8 | | licensing, the Department may take into consideration any | 9 | | criminal conviction of the applicant, but such a conviction | 10 | | shall not operate as a bar to licensing. | 11 | | (2) A completed application, on a form provided by the | 12 | | Department, that includes the name of the person, | 13 | | corporation, or other entity applying for the license; the | 14 | | location at which the person intends to conduct business; | 15 | | the type of employment services provided; and a disclosure | 16 | | of any other pecuniary interests held by the entity | 17 | | applying for the license. | 18 | | (3) An application fee. The Director shall adopt rules | 19 | | to establish a schedule of fees for application for a | 20 | | license. The application fee is nonrefundable. | 21 | | (4) A schedule of fees, charges, and commissions, which | 22 | | the employment agency intends to charge and collect for its | 23 | | services, together with a copy of all forms and contracts | 24 | | that the agency intends to be used in the operation of the | 25 | | agency. Such schedule of fees, charges, and commissions may | 26 | | thereafter be changed by filing with the Department an |
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| 1 | | amended or supplemental schedule showing such changes at | 2 | | least 15 days before such change is to become effective. | 3 | | Any change in forms or contracts must be filed with the | 4 | | Department of Labor at least 15 days before such change is | 5 | | going to become effective. Such schedule of fees to be | 6 | | charged shall be posted in a conspicuous place in each room | 7 | | of such an agency where applicants are interviewed, in not | 8 | | less than 30 point bold-faced type. Agencies which deal | 9 | | exclusively with employer paid fees shall not be required | 10 | | to post said schedule of fees. The Department may by rule | 11 | | require contracts to contain definitions of terms used in | 12 | | such contracts to eliminate ambiguity. | 13 | | It shall be unlawful for any employment agency to charge, | 14 | | collect, or receive a greater compensation for any service | 15 | | performed by it than is specified in the schedule filed with | 16 | | the Department. It shall be unlawful for any employment agency | 17 | | to collect or attempt to collect any compensation for any | 18 | | service not specified in the schedule of fees filed with the | 19 | | Department. | 20 | | (b) Upon the filing of such application and supporting | 21 | | documentation, the Department
shall cause an investigation to | 22 | | be made as to the character and the business integrity and | 23 | | financial responsibility of the applicant and those mentioned | 24 | | in the application , and as to the fitness of the premises to be | 25 | | used . The application shall be rejected if the Department finds | 26 | | that any of the persons named in the application fail to |
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| 1 | | demonstrate good moral character, business integrity and | 2 | | financial responsibility, if the premises are unfit, or if | 3 | | there is any good and sufficient reason within the meaning and | 4 | | purpose of this Act for rejecting such application. Unless the | 5 | | application shall be rejected for one or more of the causes | 6 | | specified above, it shall be granted. A detailed report of such | 7 | | investigation and the action taken thereon shall be made in | 8 | | writing, signed by the investigator, and become a part of the | 9 | | official records of the Department. When, at the time of filing | 10 | | the application, the applicant or any person mentioned in the | 11 | | application is employed as an employment counselor counsellor | 12 | | by a licensed employment agency in this State, the Department | 13 | | shall notify the agency of this fact. | 14 | | (c) Once issued, a license may be renewed annually by | 15 | | furnishing the Department the required application fee, a | 16 | | letter from a surety stating that a sufficient bond is in | 17 | | force, and other documents necessary to complete the renewal. | 18 | | Failure to renew a license at its expiration date shall cause | 19 | | the license to lapse and it may only be reinstated by a new | 20 | | application. | 21 | | (d) No license shall be transferrable, but a licensee may, | 22 | | with the approval of the Department, make changes in the | 23 | | structure of the business entity operating the agency, but no | 24 | | licensee shall permit any person not mentioned in the original | 25 | | application for a license to become a partner if such agency is | 26 | | a partnership, or an officer of the corporation if such agency |
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| 1 | | is a corporation, unless the written consent of the Department | 2 | | of Labor shall first be obtained. Such consent may be withheld | 3 | | for any reason for which an original application might have | 4 | | been rejected, if the person in question had been mentioned | 5 | | therein. No such change shall be permitted until the written | 6 | | consent of the surety or sureties on the bond required to be | 7 | | filed by Section 2 of this Act, to such change, is filed with | 8 | | the original bond. The Department shall be notified immediately | 9 | | of any change in the management of the agency so that at all | 10 | | times the identity of the person charged with the general | 11 | | management of the agency shall be known by the Department. A | 12 | | licensee may promote persons within its agency or change the | 13 | | titles and duties of existing agency personnel, other than the | 14 | | general manager, without notice to the Department.
| 15 | | (Source: P.A. 99-422, eff. 1-1-16 .)
| 16 | | (225 ILCS 515/4) (from Ch. 111, par. 904)
| 17 | | Sec. 4.
It shall be unlawful for any person to act as an | 18 | | employment counselor
counsellor , or to advertise, or assume to | 19 | | act as an employment counselor
counsellor , without first | 20 | | obtaining a license as such employment counselor
counsellor , | 21 | | from the Department of Labor. It shall be unlawful for any
| 22 | | person to engage in, operate or carry on the business of an | 23 | | employment
agency unless each employee of such agency, who | 24 | | furnishes information to
any person as to where employees or | 25 | | employment may be obtained or found,
is a licensed employment |
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| 1 | | counselor counsellor . Where the license to conduct an
| 2 | | employment agency is issued to a corporation and any officer of | 3 | | the
corporation performs any function defined as those to be | 4 | | performed by an
employment counselor counsellor , he shall be | 5 | | considered an employee of the
corporation and shall be required | 6 | | to secure a license as an employment counselor
counsellor .
| 7 | | Every person who desires to obtain a license, as employment
| 8 | | counselor counsellor , shall apply therefor to the Department of | 9 | | Labor, in writing,
upon application blanks prepared and | 10 | | furnished by the Department of
Labor. Each applicant shall set | 11 | | out in said application blanks such
information as the | 12 | | Department may require, and said applications shall
be | 13 | | accompanied by a permit fee of $50 and the affidavits of two | 14 | | persons
of business or professional integrity. Such affiants | 15 | | shall state
that they have known the applicant for a period of | 16 | | two years and that
the applicant is a person of good moral | 17 | | character.
| 18 | | The Department shall issue to such person a temporary | 19 | | permit to act
as an employment counselor counsellor which | 20 | | permit shall be valid for 90 days
pending examination of such | 21 | | person when:
| 22 | | (a) the applicant is employed by an employment agency, and | 23 | | the
application states the name and address of such employment | 24 | | agency; and
| 25 | | (b) the applicant declares under oath his intention that he | 26 | | will
complete the examination for the employment agency |
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| 1 | | counselor's counsellor's license
on a date scheduled for such | 2 | | examination by the Department of Labor
within 60 days of the | 3 | | date of application.
| 4 | | Commencing January 1, 1974 the Department shall not issue a | 5 | | license
to act as an employment counselor counsellor to any | 6 | | person not previously licensed
as such employment counselor | 7 | | counsellor on such date unless he has taken and
successfully | 8 | | completed a written examination based upon this Act. The
| 9 | | Department of Labor shall conduct such examination at such | 10 | | times and
places as it shall determine, but not less than once | 11 | | each month. The
examination shall test the applicant's | 12 | | knowledge of the employment
agency law, pertinent labor laws | 13 | | and laws against discrimination in
employment. Upon successful | 14 | | completion of the written examination and
providing the | 15 | | requirements of this Section are met, the Department shall
| 16 | | issue a license to act as an employment counselor counsellor | 17 | | and no additional
licensing fee shall be required.
| 18 | | In the event of failure to appear for the examination as | 19 | | scheduled or
if the applicant appears and fails to pass, such | 20 | | person shall pay a fee
of $10 for rescheduling at a later date. | 21 | | No person may be rescheduled for
examination more than twice in | 22 | | any calendar year except in the event
that he has failed to | 23 | | appear for examination and such failure to appear
was not | 24 | | willful but was the result of illness of the applicant or a
| 25 | | member of his immediate family or of some other emergency.
| 26 | | The Department of Labor may require such other proof as to |
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| 1 | | the
honesty, truthfulness and integrity of the applicant, as | 2 | | may be deemed
necessary and desirable. If the applicant is | 3 | | shown to be honest,
truthful and of known integrity, and has | 4 | | successfully completed the
written examination required under | 5 | | this Section, the Department of Labor
shall issue a license, | 6 | | which license shall set out the true name and
address of the | 7 | | applicant, the name of the Employment agency by whom he
is | 8 | | employed, and such additional information as the Department may | 9 | | prescribe.
The license issued shall authorize the person named | 10 | | therein to act as an
employment counselor counsellor . Such | 11 | | license may be renewed at the end of each year
by the payment | 12 | | of a renewal fee of $25.
| 13 | | The applicant must furnish satisfactory proof to the | 14 | | Department that
he has never been a party to any fraud, has no | 15 | | jail record, belongs to no
subversive societies and is of good | 16 | | moral character and business integrity.
| 17 | | In determining honesty, truthfulness, integrity, moral | 18 | | character
and business integrity under this Section, the | 19 | | Department may take into
consideration any felony conviction of | 20 | | the applicant, but such a conviction
shall not operate as a bar | 21 | | to licensing.
| 22 | | The license of the employment counselor counsellor shall be | 23 | | mailed to the employment
agency by which he is employed, and | 24 | | shall be kept in the office of such
agency and produced for | 25 | | inspection by any agent of the Department of Labor,
at any time | 26 | | during business hours.
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| 1 | | The Department of Labor, upon its own motion, or upon the | 2 | | filing of a verified
complaint with the department, by any | 3 | | person, accompanied by such evidence,
documentary or | 4 | | otherwise, as makes out a prima facie case that the licensee
is | 5 | | unworthy to hold a license, shall notify the employment | 6 | | counselor counsellor in
writing that the question of his | 7 | | honesty, truthfulness,
integrity, moral character, business | 8 | | integrity or felony conviction
is to be reopened and | 9 | | determined, de novo. This notice shall be served
by delivering | 10 | | a copy to the licensed person, or by mailing a copy to him,
by | 11 | | registered mail, at his last known business address. Thereupon, | 12 | | the Department
of Labor shall require further proof of the | 13 | | licensee's honesty,
truthfulness, integrity, moral character | 14 | | and business integrity,
and if the proof is not satisfactory to | 15 | | the Department of Labor, it shall
revoke his license.
| 16 | | If any employment counselor counsellor is discharged or | 17 | | terminates his employment
with the agency by which he is | 18 | | employed, such agency shall immediately deliver,
or forward by | 19 | | mail, the employment counselor's counsellor's
license, to the | 20 | | Department of Labor, together with the reasons for his
| 21 | | discharge, if he was discharged. Failure to state that the | 22 | | employment counselor
counsellor was discharged will be | 23 | | conclusively presumed to indicate that
he terminated his | 24 | | services voluntarily. Thereafter, it shall be unlawful
for the | 25 | | employment counselor counsellor to exercise any rights or | 26 | | privileges under
such license, unless the Department of Labor |
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| 1 | | transfers his license to
another employment agency.
| 2 | | Each employment counselor counsellor shall notify the | 3 | | Department of Labor of
any change in his residence address. | 4 | | Failure to give such notice shall
automatically work a | 5 | | revocation of his license.
| 6 | | The Department may refuse to issue or may suspend the | 7 | | license
of any person who fails to file a return, or to pay the | 8 | | tax, penalty or
interest shown in a filed return, or to pay any | 9 | | final assessment of tax,
penalty or interest, as required by | 10 | | any tax Act administered by the
Illinois Department of Revenue, | 11 | | until such time as the requirements of any
such tax Act are | 12 | | satisfied.
| 13 | | Any person who violates any provisions of this section or | 14 | | who
testifies falsely as to any matter required by the | 15 | | provisions of this
section or of this Act, is guilty of a Class | 16 | | B misdemeanor.
| 17 | | (Source: P.A. 97-813, eff. 7-13-12.)
| 18 | | (225 ILCS 515/5) (from Ch. 111, par. 905)
| 19 | | Sec. 5.
No such licensee shall charge a registration fee | 20 | | without
having first obtained a permit to charge such | 21 | | registration fee from the
Department of Labor. Any such | 22 | | licensee desiring to charge a registration
fee shall make | 23 | | application in writing to the Department of Labor, and
shall | 24 | | set out in the application the type of applicants from whom | 25 | | they
intend to accept a registration fee, the amount of the fee |
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| 1 | | to be
charged, and shall furnish any other information on the | 2 | | subject that the
Department of Labor may deem necessary to | 3 | | enable it to determine whether
the agency's business methods | 4 | | and past record entitle the agency to a
permit.
| 5 | | It is the duty of the Department of Labor to make an | 6 | | investigation,
upon receipt of the application, as to the | 7 | | truthfulness of the
application and the necessity of the charge | 8 | | of a registration fee; and
if it is shown that the agency's | 9 | | method of doing business is of such a
nature that a permit to | 10 | | charge a registration fee is necessary, and that
the agency's | 11 | | record has been reasonable and fair, then the Department of
| 12 | | Labor shall grant a permit to such agency. Such permit shall | 13 | | remain in
force until revoked for cause. No permit shall be | 14 | | granted until after 10
days from the date of filing of the | 15 | | application.
| 16 | | When a permit is granted, such licensed person may charge a
| 17 | | registration fee not to exceed $4. In all such cases a complete | 18 | | record
of all such registration fees and references of | 19 | | applicants shall be kept
on file, which record shall, during | 20 | | all business hours, be open for the
inspection of the | 21 | | Department of Labor. It is the duty of such licensee
to | 22 | | communicate in writing with at least 2 of the persons mentioned | 23 | | as
reference by every applicant from whom a registration fee is | 24 | | accepted.
Failure on the part of a licensee to make such | 25 | | investigation shall be
deemed cause to revoke the permit to | 26 | | charge a registration fee. For such
registration fee a receipt |
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| 1 | | shall be given to the applicant for employees
or employment, | 2 | | and shall state therein the name of such applicant, date
and | 3 | | amount of payment, the character of position or employee | 4 | | applied
for, and the name and address of such agency. If no | 5 | | position has been
furnished by the licensed agency to the | 6 | | applicant, then the registration
fee shall be returned to the | 7 | | applicant on demand after 30 days and
within 6 months from the | 8 | | date of receipt thereof, less the amount that
has been actually | 9 | | expended by the licensee in checking the references of
the | 10 | | applicant, and an itemized account of such expenditures shall | 11 | | be
presented to the applicant on request at the time of | 12 | | returning the
unused portion of such registration fee.
| 13 | | Any such permit granted by the Department of Labor may be | 14 | | revoked by
it upon due notice to the holder of said permit and | 15 | | due cause shown and
hearing thereon.
| 16 | | No such licensee shall, as a condition to registering or | 17 | | obtaining
employment for such applicant, require such | 18 | | applicant to subscribe to
any publication or to any postal card | 19 | | service, or advertisement, or
exact any other fees, | 20 | | compensation or reward, (except that in the case
of applicants | 21 | | for positions paying salaries of $5,000 or more per annum,
| 22 | | where the agency has secured from the Department of Labor a | 23 | | permit to
furnish a letter service in accordance with | 24 | | regulations of the
department governing the furnishing of such | 25 | | service, a special fee not
to exceed $250, to be credited on | 26 | | the fee charged for any placement
resulting from such letter |
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| 1 | | service, may be charged for furnishing such
letter service) | 2 | | other than the aforesaid registration fee and a further
fee, | 3 | | called a placement fee, the amount of which shall be agreed | 4 | | upon
between such applicant and such licensee to be payable at | 5 | | such time as
may be agreed upon in writing. The employment | 6 | | agency shall furnish to
each applicant a copy of any contract | 7 | | or any form he signs with the
agency regarding the method of | 8 | | payment of the placement or employment
service fee. Such | 9 | | contract or form shall contain the name and address
of such | 10 | | agency, and such other information as the Department of Labor
| 11 | | may deem proper. The contract or form or copy thereof furnished | 12 | | the
applicant must state immediately above, below or close to | 13 | | the place
provided for the signature of the applicant that he | 14 | | has received a copy
of the contract or form and his signature | 15 | | shall acknowledge receipt
thereof. The placement or employment | 16 | | service fee shall not be received
by such licensee before the | 17 | | applicant has accepted a position tendered
by the employer. A | 18 | | copy of each contract or other form to which the
applicant | 19 | | becomes a party with the licensee shall be given to the
| 20 | | applicant by the licensee at the time of executing such | 21 | | contract or
document and on any such form on which the word | 22 | | acceptance appears, and
such contract or other form shall have | 23 | | the definition of acceptance as
defined by this Act printed in | 24 | | not less than 10 point type immediately
following the word | 25 | | acceptance. In the event the position so tendered is
not | 26 | | accepted by or given to such applicant, the licensee shall |
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| 1 | | refund
all fees paid other than the registration fee and | 2 | | special fee aforesaid,
within 3 days of demand therefor. The | 3 | | fee charged for placing an
applicant in domestic service shall | 4 | | be a single fee for each placement
and shall be based upon the | 5 | | applicant's compensation or salary for a
period not to exceed | 6 | | one year.
| 7 | | No such licensee shall send out any applicant for | 8 | | employment unless
the licensee has a bona fide job order for | 9 | | such employment and the job
order is valid in accordance with | 10 | | the renewal requirements of Section 3
of this Act. If no | 11 | | position of the kind applied for was open at the
place where | 12 | | the applicant was directed, then the licensee shall refund
to | 13 | | such applicant on demand any sum paid or expended by the | 14 | | applicant
for transportation in going to and returning from the | 15 | | place, and all
fees paid by the applicant. However, in the | 16 | | event a substitute position
is taken, the fee to be charged | 17 | | shall be computed on the salary agreed
upon for such position.
| 18 | | In addition to the receipt herein provided to be given for | 19 | | a
registration fee, it shall be the duty of such licensee to | 20 | | give to every
applicant for employment or employees from whom | 21 | | other fee, or fees shall
be received, an additional receipt in | 22 | | which shall be stated the name of
the applicant, the amount | 23 | | paid and the date of payment. All such
receipts shall be in | 24 | | duplicate, numbered consecutively, shall contain
the name and | 25 | | address of such agency, and such other information as the
| 26 | | Department of Labor may deem proper. The duplicate receipt |
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| 1 | | shall be kept
on file in the agency for at least one year.
| 2 | | Every such licensee shall give to every applicant, who is | 3 | | sent out
for a job or for an interview with a prospective | 4 | | employer, a card or
printed paper or letter of introduction | 5 | | which shall be called a
"referral slip" containing the name of | 6 | | the applicant, the name and
address of the employer to whom the | 7 | | applicant is sent for employment,
the name and address of the | 8 | | agency, the name of the person referring the
applicant, and the | 9 | | probable duration of the work, whether temporary or
permanent. | 10 | | The referral slip shall contain a blank space in which the
| 11 | | employment counselor counsellor shall insert and specify in a | 12 | | prominent and legible
manner whether the employment service fee | 13 | | is to be paid by the applicant
or by the employer, or in the | 14 | | case of a split-fee, the percentage of the
fee to be paid by | 15 | | the applicant and the percentage of the fee to be paid
by the | 16 | | employer, or shall state whether the fee is to be negotiable
| 17 | | between the employer and the employee. A duplicate of all such | 18 | | referral
slips shall be kept on file in the agency for a period | 19 | | of one year. In
the event that the applicant is referred to a | 20 | | job or to a prospective
employer by telephone or telegraph , the | 21 | | referral slip shall be mailed to
the applicant and to the | 22 | | prospective employer before the close of the
business day on | 23 | | which the telephoned or telegraphed referral was given.
No | 24 | | person shall be sent out for a job or to interview a | 25 | | prospective
employer unless he has been personally interviewed | 26 | | by the agency or has
corresponded with the agency with the |
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| 1 | | purpose of securing employment.
| 2 | | If the employer pays the fee, and the employee fails to | 3 | | remain in the
position for a period of 30 days, such licensee | 4 | | shall refund to the
employer all fees, less an amount equal to | 5 | | 25% of the total salary or
wages paid such employee during the
| 6 | | period of such employment, within 3 days after the licensed | 7 | | person has
been notified of the employee's failure to remain in | 8 | | the employment,
provided such 25% does not exceed the amount | 9 | | charged for a permanent
position of like nature.
| 10 | | If the employee pays the fee and is discharged at any time | 11 | | within 30
days for any reason other than intoxication, | 12 | | dishonesty, unexcused
tardiness, unexcused absenteeism or | 13 | | insubordination, or otherwise fails
to remain in the position | 14 | | for a period of 30 days, through thru no fault of his
own, such | 15 | | licensee shall refund to the employee all fees less an amount
| 16 | | equal to 25% of the total salary or wages paid such employee | 17 | | during the
period of such employment within 3 days of the time | 18 | | such licensee has
been notified of the employee's failure to | 19 | | remain in the employment,
provided the 25% does not exceed the | 20 | | charge for a permanent position of
like nature. All refunds | 21 | | shall be in cash or negotiable check.
| 22 | | If the employee has promised his prospective employer to | 23 | | report to
work at a definite time and place and then fails to | 24 | | report to work, such
circumstances shall be considered prima | 25 | | facie evidence that the employee
has accepted the employment | 26 | | offered.
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| 1 | | Where a dispute concerning a fee exists, the department may | 2 | | conduct a
hearing to determine all facts concerning the dispute | 3 | | and shall after
such hearing make such recommendations | 4 | | concerning such dispute as shall
be reasonable.
| 5 | | Every such licensee shall post in a conspicuous place in | 6 | | the main
room of the agency sections of this Act as required by | 7 | | the Department of
Labor, to be supplied by the Department of | 8 | | Labor, and shall also post
his license in the main room of the | 9 | | agency.
| 10 | | Every such licensee shall furnish the Department of Labor, | 11 | | under
rules to be prescribed by such Department, annual | 12 | | statements showing the
number and character of placements made.
| 13 | | (Source: P.A. 97-813, eff. 7-13-12.)
| 14 | | (225 ILCS 515/13 rep.)
| 15 | | Section 10. The Private Employment Agency Act is amended by | 16 | | repealing Section 13.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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