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