Puerto Rico Contract between Employment Agency and Applicant - including Release from Applicant in favor of Employment Agency

State:
Multi-State
Control #:
US-00603BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a contract between an employment agency and an applicant in which any fee is to be paid by the employer. A release in favor of the employment agency is included in the last paragraph.

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FAQ

The FLSA applies only to employers whose annual sales total $500,000 or more or who are engaged in interstate commerce. Originally the FLSA prohibited child labor; it has since been expanded to prohibit wage disparity due to gender and discrimination due to age.

From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.

Because Puerto Ricans are U.S. citizens, there are no federally-required paperwork or VISA applications needed. Additionally, there are no wage requirements other than U.S. state and federal laws to adhere to.

According to Puerto Rico Act Number 379 of (Law No 379), which covers non-exempt (hourly) employees, eight hours of work constitutes a regular working day in Puerto Rico and 40 hours of work constitutes a workweek. Working hours exceeding these minimums must be compensated as overtime.

Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.

If you're looking to hire employees in Puerto Rico, check out the job bank maintained by the Puerto Rico Department of Labor. It's an entirely free service that allows you to create an employer account and sift through the resumes of potential employees.

What Is an Implied Contract? An implied contract is one that has not been put into writing in a contract signed by the employer and employee or in a verbal agreement. It is implied from the actions and statements of the employer and employee in the course of the employee's employment.

Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.

Wage and hour coverage in Puerto Rico for non-exempt employees is governed by the US Fair Labor Standards Act (FLSA) as well as local laws.

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Puerto Rico Contract between Employment Agency and Applicant - including Release from Applicant in favor of Employment Agency