Ariz. Admin. Code § R6-3-53450 - Time - Hours (refusal of Work 450 - 450.15)

Current through Register Vol. 48, No. 14, April 8, 2022

A. Prevailing standard, comparison with (Refusal of Work 450.155). Section 23-776(C) of the Employment Security Law provides in part:

". . . Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under this chapter to an otherwise eligible individual for refusing to accept new work under any of the following conditions: ". . . 2. If the ... hours of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; . . ."

1. In order to conform with this provision of the Law consideration must be given to prevailing hours in every refusal of work issue. The term "hours" pertains to the number of hours required. The term "substantially less favorable" means less favorable in an economic sense. Thus, prospective employment is not unsuitable merely because it requires work, at hours that are unusual, inconvenient or socially less desirable. The latter factors should however, be considered to determine whether there is good cause for refusal.
2. The relation between the standard or maximum work week permissible under Arizona or federal laws should be considered. If the regular hours required are in excess of these standards the work is unsuitable. The prevailing work week for similar work in the locality may however, be less than the legal maximum.
3. All available evidence should be considered in determining the prevailing hours for similar work. The experience of the Job Service, data from state and federal agencies, experience of unions, and evidence from workers and employers will all be of value. The number of hours worked by the largest number of workers in similar work should be used in arriving at the prevailing hours of work per day or week.
4. Comparison of hours worked in one job with hours in similar jobs should be based on only the normal work day. If overtime is usual and customary for the majority of workers performing similar work in the locality so that the final earnings are materially affected, the amount of overtime probably required of an offered job will need to be compared with that prevailing for other jobs. If it can be established at the time of the offer that the hours of work will be substantially less than those worked in similar jobs so that the earnings will be substantially reduced, the work would be substantially less favorable to the claimant.
5. The key words and phrases used in this rule are defined in R6-3-53350(B) of these rules.
B. Temporary (Refusal of Work 450.55)
1. Temporary work is not rendered unsuitable because of its duration. The fact that the prospective employment is temporary may give good cause for its refusal if:
a. Acceptance of temporary work precludes the claimant from returning to work with his regular employer; or
b. Acceptance would restrict the claimant from obtaining permanent work which he has good prospects of obtaining; or
c. Acceptance would involve expenditures for equipment, union dues or etc., disproportionate to the remuneration to be obtained.

Notes

Ariz. Admin. Code § R6-3-53450
Former rule number - Refusal of Work 450. - 450.55. Former rule repealed, new Section R6-3-53450 adopted effective January 24, 1977 (Supp. 77-1).

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