Ethics & Standards of Business Practices
Cooperative Placements
ETHICS & STANDARDS OF BUSINESS PRACTICES
Definition
"Personnel
Service" means a person
who for a fee or without a fee offers or attempts to procure directly or
indirectly direct hire employment for an employee or temporary employment or
procures or attempts to procure a direct hire or temporary employee for an
employer.
WHEREAS
we, the Texas Association of Personnel Consultants, believe that the private
employment profession has a worthwhile place in our free enterprise system and
have formed this Association for the purpose of furthering our professional
standing in this community, and with the object of offering a finer and more
ethical service to the public and the employer, therefore be it:
RESOLVED
that the members of this Association accept the following Standards of Business
Practices as fundamental to the best interests of the public, the employer, and
the employment profession:
RELATIONS WITH CLIENTS - DIRECT HIRE
1.
Members shall
represent the best interests of the client by acting as an effective extension
of the employer's recruitment effort and respecting confidences entrusted to
them by the employers
2.
A candidate's
personal record, employment record, qualifications, and salary requirements
shall be stated to the employer as accurately and fully as known, and shall be
in conformance with the best knowledge of the personnel service.
3.
Candidates
shall be referred to the employer-client for interviews only with prior
authorization of the employer-client, which may be given verbally.
4.
A recruiter shall
not attempt to recruit candidates for placement who are still employed by the
company with whom they have been placed by the recruiter’s firm, unless the
candidates directly request –in writing- the recruiter’s assistance in seeking
new employment.
5.
Dividing or
sharing service fees with employers or with their representatives is illegal,
unethical, and is strictly forbidden. Candidates shall not be referred to
employers who indicate their expectation of these indulgences.
RELATIONS WITH CANDIDATES - DIRECT HIRE
1.
Members shall
extend professional service on a client relationship basis to all qualified
candidates regardless of race, color, creed, religion, national origin, sex,
age, or physical handicap.
2.
Representations
made to candidates concerning prospective positions, the character of
employment, hours, salary, etc., shall be in conformance with the best
knowledge of the private personnel service.
3.
Members shall
not refer an applicant to employment deleterious to his or her health or morals
if the personnel service has knowledge of the deleterious condition of the
employment.
4.
In the
circumstances where an applicant has agreed in writing to pay a fee according
to the personnel services fee schedule no fee of any kind may be charged until
such time as there has been an offer and acceptance of employment and a
verifiable start date.
5.
No candidate
shall be knowingly referred to any employer where a strike or lockout exists or
is impending, without being notified in writing of such condition.
6.
Acceptance of
gratuities from candidates who seek thereby to gain otherwise unmerited
assistance or improper concealment of damaging facts in their past history is
strictly forbidden.
RELATIONS WITH CLIENTS - TEMP & TEMP to HIRE
1.
A temporary employee's experience and qualifications shall be stated as
accurately and fully as possible to the extent requested.
2.
A temporary employee shall be referred to the client for work assignment
only with the prior verbal or written authorization of the client unless other
specific arrangement has been made.
3.
Confidential information relating to the business policy of the client,
which is imparted as an aid to the effective fulfillment of the job
requirements, shall be treated accordingly.
4.
Communications, written or verbal, with clients regarding temporary
workers shall represent bona fide temporary employees and their qualifications.
5.
A temporary service firm shall not induce a client company to breach any
terms of any contract it might have with another temporary service. A temporary
service firm shall not induce an employee or prospective employee to breach any
terms of any contracts he or she might have with another temporary service.
RELATIONS WITH CANDIDATES. - TEMP & TEMP to HIRE
1.
Employees shall be assigned to client companies for which a written or
verbal job assignment has been given by the client company's representative.
2.
Representations to employees about the duties, probable length, hours,
salary, bonus, overtime and working conditions of temporary assignments shall
be in conformance with the best knowledge of the service.
3.
Precautions shall be taken against referring temporary employees to any
client who is known to engage in illegal or questionable business practices
which might jeopardize the safety of the temporary employee.
4.
Information about temporary employees shall be used only for the purpose
of assigning the employee for temporary work. Confidential information shall be
treated accordingly.
5.
A temporary employee shall be aware of charges, if any, before being
permitted to incur any obligation to the temporary service.
6.
No temporary employee shall be referred to any client where a strike or
lockout exists (according to the best knowledge of the temporary service)
without being notified of such condition.
7.
Employer financial and legal responsibilities to temporary employees
shall be met in a timely manner.
8. Temporary services shall not
tolerate harassment of their temporary employees based upon an employee's sex,
race, age, religion, national origin, disability, veteran's status or
membership in any other protected class, whether the harassment is by
coworkers, employees of clients or third parties. No retaliation shall be taken
against any temporary employee who makes a complaint based upon a reasonable
belief that any such harassment has occurred. When a temporary employee
complains about any such harassment, the temporary service shall promptly
investigate the complaint, and take all reasonable steps to protect the
employee from further harassment.
RELATIONS WITH OTHER PRIVATE PERSONNEL SERVICES
1.
Association members shall exercise utmost
effort to avoid differences of opinion with other members
2.
Criticism of another personnel service by
a candidate or employer should be handled in the highest professional manner.
Should a misunderstanding occur, members should never criticize another
personnel service, but direct the complainant to file his complaint with the
Chairman of Business Practices of the local association. In cases where no
local association exists, complaints should be submitted directly to the TAPC
Business Practices Chairman.
3.
In the event that two or more member
personnel services are involved in placing a candidate with an employer, and
some arbitration is necessary, the services having conflicting claims shall
submit the dispute to the Chairman of the Business Practices of the local
association. In cases where no local association exists, complaints should be
submitted directly to the TAPC Business Practices Chairman. The respective
Committee shall determine which of the referrals was superior. The personnel
service which was responsible for and caused the interview that resulted in the
placement shall be entitled to the service charge for that particular job
opening. Any decision of the committee will be final.
4.
A member shall not, in the course of his
advertising, public relations effort, or any other activity, permit the
demeaning or criticizing in any manner whatsoever of any other personnel
service.
5.
Association members shall not receive,
disclose, distribute, deliver, or otherwise communicate any information
contained in a service file to or from a person except as authorized by the
personnel service owning the file.
Note: A service file and its contents are trade secrets as defined by Section
31.05 of the Penal Code. "Service file" means a job order, resume,
application, work paper, or other record containing any information relating to
an applicant, employer, or position or the operations of a personnel service.
RELATIONS
WITH EMPLOYEES
Members shall provide
all counselors (placement personnel) with a written compensation agreement
which includes compensation, if any, following termination. This agreement will
be provided to new counselors at the time of acceptance of employment.
Advertising
1.
Advertising shall be factual.
2.
Positions listed in the "Help
Wanted" columns of newspapers or other media shall refer to bona fide
openings ("job orders") available at the time that copy is given to
these publications for insertion.
3.
All advertisements for candidates by means
of letters, cards, curtailers, signs, newspapers, or other media must identify
that the ad is being run by other than the prospective employer. If the name
should not clearly indicate that the advertisement is by a personnel service,
then the advertisement will carry such additional information as necessary to
distinguish it from employer offerings.
SERVICE
CHARGES AND COLLECTIONS
1.
Adjustments and refunds of fees shall be
made promptly, in accordance with the highest ethical standards, good public relations
and business practices.
2.
Methods used in collecting accounts shall
conform to the highest ethical standards.
3.
No candidate shall be held obligated for
a service charge until an offer and acceptance have been made between employer
and candidate as a result of the personnel service's efforts.
4.
Should a personnel service require its
candidates to execute a promissory or cognovit note, such a financial
arrangement must be clearly explained to the candidate before signing including
the type of note, with whom the account is being financed, the interest rate, and
the payment terms.
GENERAL
1.
The Association member shall comply with
all applicable local ordinances, state and federal laws.
2. THE ASSOCIATION HEREBY
RECOGNIZES AND ENDORSES THE PERSONNEL EMPLOYMENT SERVICES ACT, CHAPTER 263,
S.B. NO. 623, (ARTICLE 5221a 7, VERNON'S ANNOTATED CIVIL STATUTES) AND
ACKNOWLEDGES THAT THESE STANDARDS OF BUSINESS PRACTICES IN NO WAY SUPERSEDE OR
REPLACE IT OR ANY OTHER LOCAL ORDINANCES, STATE, OR FEDERAL LAW.
The
State Business Practices Committee Procedures
1.
The Committee shall consider complaints
of a business practice nature brought to it by members of the Texas Association
of Personnel Consultants, or members of the public who are not members of the
state association. If a Committee member is a party to a business practices
hearing, he will be disqualified from hearing or voting on the matter.
2.
Complaints will be settled, whenever
possible, at the local level. The local chairman will evaluate each complaint
and decide if it requires actions. He shall keep written records of telephone
complaints, as well as those that arrive by mail. Where he feels that a breach
of the Code of Ethics or Standards of Business Practice may have occurred, he
will require that the facts be submitted to him in writing, and signed by the
complainant.
3.
When the Chairman decides that action is
needed, he shall first seek to reach an amicable solution with the involved
parties. If such a solution is impossible, he shall then direct an inquiry be
made advising all parties concerned that the matter is under investigation. The
respondent should be given every opportunity to defend himself against all
allegations. All parties shall have a response in writing within thirty (30)
days of receipt of request. No copy of any complaint can be disseminated, but
should be kept by the Business Practices Chairman until the matter is closed
and filed in the permanent files of the state or local association. Local
chairmen must review all cases within ninety (90) days.
4.
Should the local personnel service be in
non-agreement with the local committee's findings and request corrective
action, they may appeal to the State Committee. The State Committee must review
the request within one hundred and twenty (120) days.
5.
At either the local or state level when a
hearing is required, all parties will be asked to appear. Each will have the
right to select one member of the association to assist him in presenting his
case and responding to questions, and each member will be afforded the
opportunity to have an attorney present at any proceedings in which it is
charged with misconduct. The member will have the right to present its own
witnesses at the hearing. All parties will have minimum thirty (30) days notice
of the hearing date. All notices shall be sent by certified or registered mail.
6.
When a local personnel service wishes to
appeal, the local Business Practices Chairman will refer all appropriate dates
to the Chairman of the State Committee of Business Practices within thirty (30)
days of request for appeal. The State Committee will review all cases within
one hundred and twenty (120) days of receipt. When a private personnel service
has been determined to have violated the Code of Ethics or Standard of Business
Practices, such a response will be given to both parties in an "opinion
statement”.
7.
Chairman of the Committee of Business
Practices will maintain vertical and horizontal lines of communication. In this
manner, decisions on comparable events and incidents can be used as guidelines
in reaching decisions. Continuity of files must be established (minimum three
(3) years) in order that precedents may be formulated and libraries of
guidelines established for future training of chairmen. The local Business
Practices Committee shall prepare a report of all complaints and their
disposition for the State Business Practices Chairman on a quarterly basis.
8.
Local chairmen may request the presence
of legal counsel on a case-by-case basis. Local associations will provide for
their own counsel (at no expense to the State Association). The intended use
and the name of the legal counsel to be employed should be made available to
the legal counsel of the Texas Association of Personnel Consultants as a matter
of information.
9.
Penalties which the Committee of Business
Practices may impose among other things are: Expulsion from Association
membership and suspension of membership; written censure, reprimand or
admonishment.
10.
The state and local Committees of
Business Practices have no authority over non-member private personnel
services, but recognizing the public need for protection against unethical
practices, the state and local committees will review all complaints and
attempt to resolve complaints.
11.
The state and local committees also will
exercise due diligence in assisting other regulatory bodies and law enforcement
officials in matters concerning the private personnel service industry.
Guidelines for Legal Assistance from the State
Association
1.
If a local association has a legal problem
which could be considered to impact or be of concern to the State Association
(i.e., involving state law, code of ethics, etc.), a written petition for
assistance can be filed with the State Chairman of Business Practices.
2.
The State Business Practices Committee
will consider the petition and will decide if the petition will be accepted or
declined
3.
If the petition is accepted, the State
Chairman of Business Practices, the State President and the Association's
Counsel will take appropriate action. If deemed necessary, the state will
provide counsel and/or financial assistance to the local association to assist
in resolving the issue.
Arbitration
Review of Arbitration
ARBITRATION
is the referral of a dispute to one or more impartial persons for final binding
determination. It may also be called a "third party" dispute
settlement program. Arbitration is initiated on a voluntary basis for
non-members and is mandatory for members.
Parties involved in a disputed set of circumstances agree to a binding decision.
Although the hearing is conducted informally, the award is recognized in law
and can be reversed by a court only when arbitrary, unreasonable or capricious
decisions occur or where fraud is involved. Disputes necessarily involve a
private employment service as a party, and would almost invariably be concerned
with placement fees. Job applicants or employers, as well as private employment
services or any other type of personnel service, may be involved as parties,
and any party may make the initial request for arbitration. The Texas
Association of Personnel Consultants adopted in 2005 the American Arbitration
Association National Rules for the Resolution of Employment Disputes, as
amended from time to time, as the Rules of the Texas Association of Personnel
Consultants for arbitration in addition to the TAPC Arbitration Committee
Procedures. In the event of any conflict
between the TAPC Arbitration Committee Procedures and the American Arbitration
Association National Rules for the Resolution of Employment Disputes, then the
TAPC Arbitration Committee Procedures shall control unless the parties agree
otherwise. Since private employment
service disputes can usually be best understood and decided by other members of
the same profession, an Association Arbitration Committee is often the best
means for resolving such disputes.
Arbitration Committee
1.
To maintain the highest standards of
professionalism within the private employment service industry, the Texas
Association of Personnel Consultants will create an Arbitration Committee of no
less than three (3) and no more than five (5) neutral members at the discretion
of the Business Practices Chairman. One
member of the Committee shall be appointed as the Chairperson of the Committee.
The Committee and the Chairperson will be appointed by the existing Business
Practices Chairman and approved by the TAPC President.
2.
In disputes involving parties outside the
private employment services industry, the Chairman may appoint additional
members from the general public when required or deemed in the best interest of
the parties.
3.
Upon receiving informal notice that a
dispute may be referred for arbitration, the Chairman first recommends that the
parties involved try to resolve their differences before bringing the case
before the Arbitration Committee. If differences cannot be resolved, the
Chairman will make both parties knowledgeable of local and Texas Association of
Personnel Consultants Arbitration Committee Procedures.
Arbitration Committee Procedures
REQUEST FOR
ARBITRATION
a.
The claimant will prepare an Employment
Arbitration Rules Demand for Arbitration after obtaining permission from the
American Arbitration Association for the use of such form. Alternatively, the claimant shall use their
own form stating their claim. This form will be filed by the claimant with the
Chairman, who will forward a copy of the claimant's Demand for Arbitration to
the second party with the form prepared by the Association for "submission
to Arbitration". When the second party submits the matter to arbitration,
he or she will fill out this Submission form and return it to the Chairman. At
this time, the claimant will also fill out the "Submission to
Arbitration" form and file it with the Chairman. A copy of each party's
Submission form will be provided to the other party.
b.
All filing fees, expenses and any
arbitrator compensation shall be determined as set forth in the American
Arbitration Association National Rules for Resolution of Employment Disputes
unless the TAPC Arbitration Committee decides otherwise.
c.
As a condition of the use of arbitration
by the Texas Association of Personnel Consultants, the parties are required in
writing before commencement of the proceeding to indemnify and hold the
Arbitration Committee members harmless from any and all liability arising out
of their service as arbitrators.
d.
The Chairman sends copies of the parties'
statements to members of the Committee prior to the hearing.
e. The
Chairman will give at least a thirty (30) day notice to all parties prior to
the arbitration hearing.
CONSIDERATION
OF THE FACTS
a.
The facts will normally be presented to
the committee for consideration and discussion at a face-to-face hearing. The
steps in the hearing are:
b.
The parties involved in a dispute are
invited to appear before the Committee. It is a closed hearing, to be attended
only by those directly concerned, including Owners and/or Managers where
appropriate. Parties are to be advised prior to the hearing of the persons
expected to attend. Counsel for the parties is generally not required to
attend, but will not be precluded. All documentary evidence of the facts such
as application and job order form must also be brought to the hearing
c.
Each side is permitted to present and
clarify its case and to question the other.
d.
As is customary in arbitration, strict
rules of evidence are not followed; the Committee will permit the development
of any needed clarification by the parties or by members of the committee.
Where necessary and only with agreement by the parties, the Chairman may
reserve decision to seek clarification of a matter with an employer and/or
applicant not present at the hearing.
e. Immediately
following the departure of the parties, the Committee discusses the case and
makes its decision.
DECISIONS
a.
The Arbitration Committee will follow
applicable laws and regulations in reaching its decision.
b.
The Committee will make its decision by
majority vote; the Business Practices Chairman votes only in case of a tie.
c. No
oral decisions will be rendered. The Chairman shall notify each of the parties
in writing of the decision reached by the Arbitration Committee, with a copy to
the President and the Business Practices Chairman of the Texas Association of
Personnel Consultants.
RECORDS
A permanent file of
cases considered by the Arbitration Committee is to be maintained at the office
of the Executive Director of the Association for a period of three (3) years.
This will include the written statements and a copy of the decision reached,
with a brief explanation supporting the decision. 02257-99,15:85/86
|