OAR 839-017-0013: Contract Requirements When Employment Compensation Is Based on Commission

In addition to the requirements of OAR 839-017-0011 and 839-017-0012, the following clauses are required to be in all contracts between agencies and applicants for employment when placements are made or to be made on commission positions: (1) “Should proof be presented after six months and/or twelve months of employment that the estimates of total gross earnings were inaccurate, _____ (agency) _____ shall refund to the applicant any excess charges paid by him, or the applicant shall pay to _____ (agency) _____ any deficiency in charges.” (2) “If the applicant’s compensation is based on commission and his employment is terminated prior to the conclusion of the first twelve months of employment, the actual total gross earnings of the applicant for the period of employment shall be projected to twelve months on a pro-rata basis as though the applicant had been employed for the entire period of twelve months, and a computation shall be made thereon. The adjusted charge for services by the applicant shall be predicated upon such computation.”