Procedures
1. Deciding on the Use of Non-UCAR Staff
Laboratories and programs may occasionally need individuals for short periods of time and/or persons with specialized skills for specific projects. Various options exist for filling those needs, including hiring casual or term employees on UCAR's payroll, securing the services of temporary agency employees, or contracting with independent contractors. For each situation, a variety of arrangements may be considered and the most appropriate one should be selected based on UCAR policy, cost comparison, ease of accomplishment, and government regulations. The decision to use non-UCAR staff is not made as a means of circumventing the requirements of other UCAR policies, including the Employee Search and Selection policy, or as a means of testing an individual for possible UCAR employment.
Subsequent to deciding that hiring a UCAR employee is not the best option, laboratories and programs should use the information on the Temporary Employment Agency Guidelines Web site to select from the other options, or contact Human Resources for assistance in determining the proper staffing method. No oral or written commitments should be made to any individual prior to completion of all steps, both in the UCAR procedures specified below and in the relevant guidelines on the Web.
2. Temporary Employment Agencies
Temporary employment agencies can provide workers to fulfill short-term staffing needs required for staff absences, vacant positions, and peak workloads. Temporary agency employees should not be used on assignments lasting longer than six months unless approved by a representative of the Human Resources Department.
Temporary employment agencies offer two types of services, regular and pay rolling services. The regular service places an individual with specific skills for a short assignment at a pay rate set by the agency according to skills required. The pay rolling service can be used when a specific individual is pre-identified; the laboratory or program sets the pay rate and the agency places that individual on their payroll. In both situations, the individuals are employed by the temporary agency and work at UCAR.
Only agencies that are pre-approved by Contracts may be used. The Contracts and Sponsored Agreements office annually negotiates rates with all qualified agencies and provides a list of qualified agencies and the negotiated rates for a predetermined list of positions. See the Temporary Employment Agency Guidelines on the Web for a list of positions, rates, and more information.
Costs for the use of temporary agency employees are borne by laboratories or programs.
3. Independent Contractors (Consultants)
When divisions and programs need a person with specialized skills for a defined project and period of time, it may be appropriate to consider using an independent contractor or consultant. The need for an independent contractor must be justified by the work requirements. Before a contractor is hired, it must be determined that the job cannot be done with existing UCAR staff or persons secured through a temporary employment agency.
An independent contractor relationship must comply with Internal Revenue Service regulations. Generally, IRS regulations dictate that if the control is primarily in UCAR's hands, the worker should be an employee. If the worker is not in the business of doing the same thing for several entities at the same time, he or she should be treated as an employee. See Independent Contractor Classification Eligibility Guidelines for more information.
A Purchase Requisition is used to establish an independent contractor relationship. The “Purchase Requisition” must include an explanation of why the services cannot be provided by either a UCAR employee or a temporary employment agency. The Contracts office negotiates subcontracts with independent contractors.
4. Volunteers
Occasionally an individual may approach UCAR offering to volunteer his or her services for a specific purpose and period of time. For example, a student may offer to volunteer in order to gain a learning experience. If UCAR accepts a volunteer, it is with the understanding that UCAR or the volunteer may terminate the relationship at any time and for any reason and without following established UCAR termination procedures. Volunteers are required to comply with UCAR policies and procedures. UCAR staff who supervise volunteers must provide appropriate training and supervision of volunteer efforts. Volunteers may not serve in any supervisory capacity and may not be given travel, requisition, or contractual authority. Preapproved legitimate business expenses may be reimbursed.
5. Nepotism
The use of temporary agency employees, independent contractors, and volunteers must meet the nepotism provisions of UCAR's Employee Search and Selection policy.
Definitions
1. Temporary Agency Employee
A person employed by a qualified temporary employment agency who is providing specific services or performing specific tasks for UCAR.
2. Independent Contractor
An individual who, in pursuit of independent business, undertakes to perform a job or piece of work, retaining in him or herself control of means, method, and manner of accomplishing the desired result. See Independent Contractor Classification Eligibility for more information.
3. Consultant
A type of independent contractor. Individuals or firms with specialized skills, knowledge, or expertise within one or several areas who describe themselves as consultants.
4. Volunteer
An individual who voluntarily performs services for UCAR at his or her own initiative without the expectation of compensation (other than expense reimbursement).
5. Qualified Temporary Employment Agency
A business that has met the contractual requirements (including certification that the agency is in compliance with Federal regulations regarding equal employment opportunity, affirmative action, the Immigration and Reform Control Act, Workers' Compensation, and the Drug-Free Workplace Act) for providing temporary employment agency services to UCAR, as approved by UCAR's Contracts and Sponsored Agreements office.
Please see UCAR's Temporary Employment Agency Guidelines.
Affiliated Policies and Procedures
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