Or. Admin. R. 839-017-0052 - What Constitutes a Bona Fide Job Order

(1) A bona fide job order is valid for referral of any qualified applicant for employment until it is filled or canceled by the employer and may serve as the basis for agency advertising.

(2) A bona fide job order may be considered to have been given by an employer to an employment agency when the following conditions are met:

(a) The employer or the employer's agent, in person, by telephone, telegram, facsimile or other electronic media, or in writing, registers a request that the agency recruit or gives permission to the agency to refer applicants for employment who meet stated job specifications;

(b) The agency contacts the employer after every thirty days to insure that the position is still vacant prior to any additional advertising or referrals.

(3) "Open" or "Standing" job orders are to be renewed prior to each interview with an applicant for employment and at the end of every thirty days in order for them to be current and valid. Open or Standing job orders may not be advertised in any way. Open or Standing job orders must be for specific job categories as distinguished from a specific job. Open or Standing job orders must fulfill all informational content requirements of "Regular" job orders. Open/Standing job orders will contain the title "Open" or "Standing" job order.

(4) An "Exploratory Interview" or "Exploratory Job Order" is not valid for advertising. Prior to any interview, an "exploratory" job order must be written up by the agency containing as much available job order information as can be supplied by the employer. A job referral document shall be supplied to the applicant, containing all available job order information, and the following underlined statement: "This is an exploratory interview. There is no definite position open with this employer at this time. However, this interview has been agreed to by the employer." Employment agencies shall not obtain exploratory job orders/interviews in situations where they either have a "regular" job order, or access to one.

Notes

Or. Admin. R. 839-017-0052

BL 149(Temp), f. 10-30-73, ef. 11-1-73; BL 156(Temp), f. 2-20-74, ef. 3-1-74; BL 157, f. 2-20-74, ef. 3-15-74; BL 200, f. 11-1-77, ef. 11-15-77; BL 8-1988 f. & cert. ef. 5-16-88; BL 6-1997, f. & cert. ef. 11-13-97

Stat. Auth.: ORS 658.210

Stats. Implemented: ORS 658.005 - ORS 658.245