Nondisplacement in work activities
(I) General prohibition
(I)General prohibition#
Subject to this clause, an adult in a family receiving assistance attributable to funds provided under this paragraph may fill a vacant employment position in order to engage in a work activity.
(II)Prohibition against violation of contracts#
A work activity engaged in under a program operated with funds provided under this paragraph shall not violate an existing contract for services or a collective bargaining agreement, and such a work activity that would violate a collective bargaining agreement shall not be undertaken without the written concurrence of the labor organization and employer concerned.
(III)Other prohibitions#
An adult participant in a work activity engaged in under a program operated with funds provided under this paragraph shall not be employed or assigned—
(aa) when any other individual is on layoff from the same or any substantially equivalent job;
(bb) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the participant; or
(cc) if the employer has caused an involuntary reduction to less than full time in hours of any employee in the same or a substantially equivalent job.
(III)(aa)#
when any other individual is on layoff from the same or any substantially equivalent job;
(III)(bb)#
if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the participant; or