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Current Status Bill Number:View additional legislative information at the LPITS web site.5035 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020409 Primary Sponsor:Cotty All Sponsors:Cotty, Altman, Sandifer, White and Barrett Drafted Document Number:l:\council\bills\dka\4795mm02.doc Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Preservation of At-Will employment relationship in connection with employee handbook personnel policy manual, etc. History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020522 Co-Sponsor added (Rule 5.2) by Rep. White Barrett House 20020521 Co-Sponsor added (Rule 5.2) by Rep. Sandifer House 20020409 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 41 SO AS TO PROVIDE FOR PRESERVATION OF THE AT-WILL EMPLOYMENT RELATIONSHIP IN CONNECTION WITH THE USE OF AN EMPLOYEE HANDBOOK, CODE OF CONDUCT, PERSONNEL POLICY MANUAL, OR OTHER INFORMATIONAL DOCUMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 41 of the 1976 Code is amended by adding:
Section 41-9-10. For purposes of this chapter, a contract of permanent employment or for employment for a duration of years which is not supported by consideration other than the obligation of service to be performed on the one hand and wages on the other creates an at-will employment relationship, terminable at the will of either party.
Section 41-9-20. An employee handbook, code of conduct, personnel policy manual, or other writing, or amendment to a writing, provided by an employer to an employee for informational purposes is not an employment contract for purposes of altering the at-will employment relationship, notwithstanding the use of mandatory language in the document, if:
(1) the document contains a conspicuous, clear, and effective disclaimer that the document is not an employment contract and does not alter the at-will status of the employment, with a clear and precise explanation of at-will-employment; and
(2) the employee signs an acknowledgement of the disclaimer, evidencing that he has read it and understands its effect."
SECTION 2. This act takes effect upon approval by the Governor.
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