; (2) a merit system; or (3) a system that measures earnings by quantity per hour or quality of production. 203. Offer of work to existing employees (a) Written statements required Upon hiring an employee, an employer shall— (1) obtain a written statement of the employee’s desired number of weekly work hours and the days and times the employee is available to work; (2) notify the employee that this written statement may be modified in writing at any time during employment; and (3) specify the process to modify the written statement. (b) Offer of desired weekly work hours to existing employees (1) In general Except as provided in paragraph (2), an employer shall schedule an employee to work the number of weekly hours identified by the employee as desired weekly hours in a written statement under subsection (a) prior to hiring any new employee from an external applicant pool, including hiring through the use of a temporary services or staffing agency, or contracting with a contractor or subcontractor, to work such hours. (2) Exceptions An employer may hire an individual as a new employee, or engage a contractor or subcontractor, to perform work for the employer if— (A) the employer needs to fill hours for which no existing employees who have provided written statements under subsection (a) are available based on such written statements; (B) all existing employees who have provided written statements under subsection (a) lack, and cannot obtain with reasonable training, the qualifications necessary to perform the work