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Sam Wilkins, Director
1201 Main Street
Suite 800
Columbia, SC 29201
Phone: (803) 737-0900
References

  • SC Code of Laws § 8-11-120 and § 8-11-230


  • State HR Regulations Section 19-703


  • Q: What reporting requirements exist for agencies concerning job vacancies?

    A: Section 8-11-120 of the SC Code of Laws requires all agencies to
    notify the Employment Security Commission and the State Career Center of the
    Office of Human Resources. This notification should be at least five workdays
    prior to the close of the application period of a job vacancy for which
    recruitment will be undertaken. This Act provides exemptions for certain
    positions.

    Q: What positions are exempt from the reporting requirements of § 8-11-120
    of the SC Code of Law?


    A: Positions exempt from the Classification and Compensation Plan,
    according to § 8-11-270 of the SC Code of Laws, do not require notification to
    the Employment Security Commission or the State Career Center of the Office of
    Human Resources. In addition, an internal agency job vacancy posting is a
    promotional opportunity that requires work experience within the agency and
    does not require notification to the Employment Security Commission or the
    State Career Center.

    Q: What information is required on a job vacancy notice within State government?

    A: Agencies are required by § 8-11-120 of the SC Code of Laws to include
    the following information on job vacancy notices:

    1. the State classification title and description of the job responsibilities;
    2. entry salary or State salary range;
    3. name of agency where vacancy exists;
    4. description of the application process;
    5. residency requirements, if any, of the vacant position;
    6. classification code, slot, and position number of the position;
    7. minimum requirements and any preferred qualifications for the position;
    8. the opening and closing dates for applying for the position;
    9. normal work schedule and whether the position is full-time or part-time;
    and
    10. a statement certifying that the employer is an equal employment
    opportunity/affirmative action employer.

    Q: Are agencies required to include the same information specified in § 8-11-120 of the SC Code of Laws when advertising a job vacancy in newspapers or other publications?

    A: Agencies are not required to include the same information specified
    in § 8-11-120 of the SC Code of Laws when posting a job vacancy. However, it
    is recommended that agencies include as much of the information as possible
    when advertising a job vacancy in newspapers or other publications to ensure
    ample information is provided for prospective applicants.

    Q: When is an agency not required to post job vacancies for classified FTE positions?

    A: Generally, agencies are not required to post job vacancies when:

    1. an agency decides to promote an employee one organizational level above the
    employee's current level;
    2. an employee is reassigned to another position;
    3. an agency head determines an emergency situation exists requiring the
    vacancy to be filled immediately;
    4. an employee, in lieu of a Reduction in Force, is moved to a vacant position;
    or
    5. an agency demotes an employee for disciplinary or performance reasons to
    another position.

    Q: Are agencies required to post job vacancies for non-FTE positions, such
    as temporary grant or time-limited positions?


    A: Although agencies are not required by § 8-11-120 of the SC Code of
    Laws to post these positions, the Office of Human Resources always encourages
    agencies to post any vacant position to maximize its recruitment and selection
    opportunities.

    Q: Is an agency required to post the job vacancy of a deputy director
    position within a restructured agency?


    A: These positions are not required to be posted since they are
    appointed positions for which recruitment is not normally undertaken; however,
    the agency may post the job vacancy of a deputy director position to generate
    an applicant pool.



    THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.