South Carolina General Assembly
115th Session, 2003-2004

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Bill 3448

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

AS PASSED BY THE SENATE

February 17, 2004

H. 3448

Introduced by Labor, Commerce and Industry Committee

S. Printed 1/3/04--S.

Read the first time February 5, 2003.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 1, Title 41 of the 1976 Code is amended by adding:

"Section 41-1-110.    It is the public policy of this State that a handbook, policy, procedure, or other document issued by an employer or its agent after June 30, 2004, shall not create an express or implied contract of employment if it is conspicuously disclaimed. For purposes of this section, a disclaimer must be typed in underlined capital letters on the first page of the document and signed by the employee. Whether or not a disclaimer is conspicuous is a question of law."

SECTION    2.    This act takes effect upon approval by the Governor.

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