(815 ILCS 630/2) (from Ch. 121 1/2, par. 2002)
Sec. 2.
Definitions.
(a) "Employer" means a person seeking to obtain
employees to perform services, tasks, or labor for which a salary, wage, or
other compensation or benefits are to be paid.
(b) "Job listing service", "job referral service" or "Service" means any
person who by advertisement or otherwise offers to provide job seekers with
a list of employers or list of job referrals, openings or like
publications, or prepares resumes or lists of job seekers for distribution
to potential employers, where a fee is charged to or collected from the job
seeker, either directly or indirectly, for such service.
(c) "Prepaid computer job matching service" means any person, who is
engaged in the business of matching job seekers with employment
opportunities, pursuant to an arrangement under which the job seeker is
required to pay a fee in advance of, or contemporaneously with, the
supplying of the matching, but which does not otherwise involve services
for the procurement of employment by the person conducting the service.
(d) "Job seeker" means any individual seeking employment, career
guidance, counseling or employment related services or products.
(e) "Job listing authorization" means an oral or written communication
from an employer authorizing a Service to list a currently available position.
(f) "Person" means any individual, firm, association, partnership or corporation.
(Source: P.A. 85‑1367.)
|
(815 ILCS 630/4) (from Ch. 121 1/2, par. 2004)
Sec. 4.
The provisions of this Act shall not apply to:
(a) Any State, federal or local governmental agency that performs such
services;
(b) Any labor union that procures employment for any of its
members in any job coming under the jurisdiction of the union;
(c) Any news periodical which contains listings of or classified
advertisements for jobs, positions, employers, or job seekers where the
periodical also contains news stories of general interest, articles or
essays of opinion, features and other advertising and which is offered to
the general public for sale at a nominal fee;
(d) Any not for profit educational, religious, charitable or civic
organization which provides career counseling, job placement or other
employment‑related services, skills evaluation, skills analysis, or testing
for vocational ability in order to develop a vocational profile to counsel
individuals and recommend placement opportunities
as part of the fulfillment of its educational, religious or charitable purpose
and which does not charge a fee for its services;
(e) Any copying, printing, duplicating or resume preparation service
which in no instance charges a fee, directly or indirectly, for providing
any employment‑related service other than copying, printing, duplicating or
assisting in arranging the layout of a resume;
(f) Any other person or business entity that does not collect from or
charge the job seeker a fee for its services;
(g) Any newsletter or matching service provided by a not for profit
organization that has been in existence at least 3 years before the initiation
of the newsletter or matching service and when the annual fee for the service
does not exceed $50.
(Source: P.A. 88‑478.)
|
(815 ILCS 630/5) (from Ch. 121 1/2, par. 2005)
Sec. 5.
Every Service shall be required to:
(1) Keep and make available to the Attorney General during regular
business hours, and to the States Attorney of any county in which the
Service conducts business the following records:
(a) All job listing authorizations received by the |
|
Service during the immediate past year. Each such authorization shall include:
|
|
(i) the date when such authorization was
|
|
|
(ii) the name of the person recording the
|
|
|
(iii) the name and address of the employer or
|
|
agent of the employer, making the authorization.
|
|
(iv) the job title and the qualifications
|
|
|
(v) the salary offered or to be paid for such
|
|
|
(vi) The duration of the job.
(b) Copies of all contracts, agreements or other
|
|
documents signed by job seekers, pursuant to Section 6 of this Act, for the immediate past year.
|
|
(c) Copies of all receipts for fee payments given to
|
|
each job seeker, pursuant to this Act, for the immediate past year.
|
|
(d) A current schedule of fees charged.
(e) All other written information relative to the
|
|
services provided to the job seeker.
|
|
(2) Furnish to each job seeker a copy of every written instrument the job
seeker has signed.
(3) Obtain a bona fide job order for employment prior to collecting any
fee from a job seeker or sending out a job seeker to any place of employment.
(4) Furnish to each job seeker from whom a fee is received, at the time
payment is received, a receipt in which shall be stated the name of the
job seeker, the name and address of the Service and its agent, the date and
amount of the fee and the purpose for which it was paid.
(5) Furnish to each job seeker, who is sent to a prospective employer,
with a card or similar paper stating the nature of the prospective
employment, the names of the job seeker and prospective employer, and the
address of the employer.
(6) Verify each job listing authorization received from the authorizing
employer within 7 days following the receipt or such authorization.
(7) Meet in person with a potential job seeker and enter into a written
contract before a job seeker provides payment for a job list. A job list
shall include, at a minimum, the following information:
(a) Name and address of the employer or agent of the
|
|
employer, making the authorization;
|
|
(b) Job title and the qualifications therefor;
(c) Salary offered or to be paid for such job, if
|
|
|
(d) The duration of the job;
(e) Location of the job; and
(f) Certification that the position has not been
|
|
filled as of the date that such a list is made available to the job seeker. Said job list shall be considered deliverable under the contract.
|
|
(Source: P.A. 87‑293.)
|
(815 ILCS 630/9) (from Ch. 121 1/2, par. 2009)
Sec. 9.
In addition to any act or practice in violation of the
Consumer Fraud and Deceptive Business Practices Act, as now or hereafter
amended, it shall be a violation of this Act for any Service or its agent
or employee to do any of the following:
(a) Make, or cause to be made, publish or cause to be published, any
false, misleading, or deceptive advertisement or representation concerning
the services or products that the service provides to job seekers.
(b) Disseminate information or publish or cause to be published an
advertisement for a job knowing or disregarding the fact that:
(1) The job does not exist or the job seeker is not qualified for the job.
(2) The job has been described or advertised by or on behalf of the
Service in a false, misleading, or deceptive manner.
(3) The Service has not confirmed the availability of the job as
required by Section 6 of this Act.
(4) The Service has not obtained written or oral permission to list the
job from the employer or an authorized agent of the employer.
(c) Divide or offer to divide fees, directly or indirectly, with
prospective or actual employers or any agent, employee or representative of
prospective or actual employers.
(d) Make a false statement or in any way falsely imply to any job seeker
that a person is seeking employees to perform labor or services for which
salary, wages or other compensation is to be paid.
(e) Provide to any job seeker a job listing authorization for a position
which would require the job seeker to perform an unlawful act.
(f) Provide to any job seeker a job listing authorization for work
which that job seeker is not legally qualified to perform.
(g) Demand, charge, collect or receive a fee except in accordance with
the terms of a written contract or agreement with a job seeker.
(Source: P.A. 85‑1367.)
|