Contingent Workforce

General Requirements

Contingent Worker Engagement Policy

Former Employees (Employees, ICE or Student/Intern) Returning as  CWs

Former Intel employees, including students/interns and Intel Contract Employees (ICEs) must wait before returning to Intel as a CW. It is the supplier’s responsibility to be aware of Intel’s time away rules applicable to former Intel employees and to comply with these requirements. See time away & duration policy.

Intel Employees Also Providing Services as CWs

Intel’s HR Corporate hiring policy prohibits Intel employees from working as an Intel supplier or CW to Intel while being employed at Intel.

Maintaining accurate records for  CWs

Suppliers are required to onboard their workers in full compliance with Intel’s onboarding processes and procedures. Every worker on assignment must have a corresponding ‘Work Order’ record within Intel’s Contingent Workforce Outsourcing Tool (CWOS/SAP Fieldglass). The supplier is responsible for creating and maintaining Work Order records for their employees that need unescorted Intel site access and/or Intel network access in order to provide services. Workers may only have access on an as-needed basis and Suppliers should maintain the work order start and end dates in accordance to the period of work performed. Suppliers must ensure accurate worker information is entered for each Work Order including but not limited to worker name that matches their Government Identification (ID), personal information and the location of where the work is performed in accordance to Intel’s CW location standard. Only workers requiring Intel site access to perform services should be mapped to an Intel site location.

The supplier is required to renew mandatory compliance forms for workers delivering long term services in accordance with intel’s Record Retention, Privacy and Information Security policies.

A Work Order must:

• Reflect the actual duration the worker needs access to provide services – not the duration of the Statement of Work (SOW) or contract unless the worker is expected to provide services for that full duration.
• Be created for current engagement only for workers that need intermittent access (i.e. quarterly maintenance, ad hoc services, backup worker) with work order end dates correctly reflecting the actual service performance timelines and no longer.
• End if the CW leaves the assignment earlier than originally documented. It is the supplier's responsibility to end the Work Orders timely to ensure accurate records are maintained.

CWs Moving from One Supplier to Another Supplier

Intel has no corporate restrictions regarding the movement of CWs from one supplier to another. It is entirely at the suppliers' discretion to dictate their own hiring policies of former Intel CWs. If a CW wishes to discuss the possibility of changing suppliers and approaches an Intel manager, the manager should ask the CW to work directly with their employer (the supplier). Per Intel's co-employment guidelines, Intel cannot influence or make recommendations as to where the CW should seek employment.

Sponsors are responsible for ensuring that their CWs, who may have transferred from another supplier, have their badge updated with the latest supplier company information and are in compliance with the cumulative duration limits where applicable. See time away & duration policy.

CWs Hired by Intel

Intel has no general prohibition against the hiring of existing CWs by Intel managers. Refer to the time away & duration policy for any country specific limitations. 

CW Information Security Policy

CWs must follow, and when granting access to content their rights are subject to, all related Information Security policies. CWs cannot be granted access to any non-business related content, including, but not limited to, social groups, employee blogs, employee benefits, and employee groups, etc.

All workers requiring access to the Intel network must complete assigned mandatory Information Security and Privacy Awareness training within the calendar year and annually thereafter. 

The supplier representatives who are a part of Intel’s contingent workforce and have been given an Intel-provided device, must adhere to Intel policy to only use the device for Intel-related work activities. It is not permitted to use an Intel asset or an Intel-provided device for any personal or non-Intel-related work activities.

Supplier Responsibility

Suppliers are required to comply with Responsible Business Alliance(RBA) code of conduct. It is important to recognize that expectations in the RBA code may be stricter than local law.  When the RBA code is stricter, Intel expects conformance to the RBA code.

All suppliers may be requested to complete self-assessments, audits, and/or complete corrective actions to demonstrate conformance to Intel’s supplier requirements.

CWs Minimum Age Requirement

Intel will not allow any CWs engagement under the age of 16 in any position, and CWs under the age of 18 should not perform hazardous work. For more information click here.

Safety

• For the supplier and CW Safety, reference the Intel Supplier EHS performance requirements.
• For Construction Safety, reference the Intel Construction EHS performance requirements.
• Any CW that requires unescorted access to an Intel site must complete either New Contractor Orientation (Non-Construction) or New Construction Contractor Orientation (Construction).  Contact the Intel Sponsor for more information.
• If CWs will be required to perform potentially hazardous work activities while at an Intel site, your company will be required to complete a safety pre-qualification assessment.  More information is located within the On-Site Supplier Safety Program requirements.
• Suppliers should bring any safety questions and concerns to the attention of the Intel Sponsor.

Travel Requirements

Ensure the travel policy is being followed.

CWs must not travel on behalf of Intel (which includes travel for business trips, conferences, and F2F meetings) unless it is due to a critical business need. If a CW travels due to this exception, the following rules apply:

• The CW must use the supplier’s own travel processes and agents.
• Travel reimbursement will be via standard payment processes to the supplier.
• Intel will only reimburse the supplier for travel and travel-related expenses in compliance with Intel’s Expense and Travel Expense policy.
• Monitor payments to the supplier utilizing purchasing system of record.

CWs must not book travel for themselves or other CWs. If this policy is violated:

• The CW travel profile will be deleted.
• All associated booked travel will be cancelled immediately.
• The supplier will be notified and Intel may request the CW be removed from assignment.

Only SA CWs with the job title of Administrative Support are permitted to book travel for Intel employees in accordance with Intel’s Expense and Travel Expense policy.

Applicability

The CW Global policy applies to all Intel partners, suppliers, subcontractors, and any other organization with individuals requiring or granted access to Intel (hereinafter, “supplier”), except to the extent any specific portion of this policy is precluded by any applicable law.  Suppliers are expected to provide any relevant training on applicable policies to their workforce.  This is part of the CW Global policy, which is subject to periodic review and update, with or without notice.

General Eligibility for Access

Supplier access to and the use of Intel facilities and systems is authorized only for Intel-sanctioned purposes. 

Access to Intel is a privilege that may be granted upon request at Intel’s sole discretion and access may be revoked at any time with or without notice. Suppliers with individuals requiring access to Intel must take reasonable steps to conduct a background investigation on individuals designated as an Intel Contingent Worker (CW) or Privileged Visitor (PV) as described. To the extent required by applicable law, the screening must be complete prior to submitting an access request for any individual. Suppliers may be required to conduct recurrent background screening upon request by Intel.

Suppliers must not allow any individual access to Intel facilities, computer networks, or confidential information, if that person has been identified by Intel as "ineligible for access." All contingent workers and privileged visitors who qualify for and request unescorted access must submit standardized forms as a condition of access including but not limited to the global CW/PV agreement and unescorted access request form.  Screening and access-related documents are available on Supplier.Intel.com.  

Unescorted Access Request and Access Badges

Suppliers are responsible for the use (and misuse) of badges assigned to individuals associated with their organization, including CWs, PVs and subcontractors. To obtain unescorted access to Intel sites or network, suppliers must follow Intel’s standardized process; there is no exception process.  CW access is managed through Intel's Contingent Workforce & Outsourcing tool (CWOS)  and PV access through the All Other Workers (ALLOW) tool. A valid government photo ID (i.e. passport, driver license, etc.) that matches the information in Intel’s system of record must be presented to receive an Intel access badge. Once the individual is issued an access badge, the individual is required to wear the badge forward-facing and in plain view when they are in access-controlled areas. Badges must be secured when not in use. Lost or stolen badges must be promptly reported to security for deactivation. Except for surrendering the badge to the sponsor, security, or supervisor, badges may never be loaned or transferred to others. Using another individual’s badge for access or allowing another person to use a badge that is not issued to them is grounds for permanent access denial. 

Proof of Employment Eligibility and Identity

Intel requires that suppliers warrant their individual personnel who are designated as an Intel CW/PV: (i) are legally authorized to be employed by supplier in the US or if services are performed outside of the US, that CW/PVs are legally authorized to work in the country in which they will be performing services; and (ii) have names and Social Security Numbers (SSN) (or nationally recognized unique federal identifying numbers) that match.

For services in the US, suppliers must validate the identity and current authorization to work (or operate) in the location and capacity they are assigned for the duration of their assignment, including where applicable an SSN trace and form I-9/E-verify. For services in the US, suppliers must retain, for the duration of the CW/PV’s assignment at Intel, documentation showing that the screening was conducted, including a receipt or proof of completion, and may be required to provide such documentation, if requested by Intel and subject to applicable laws. 

For services outside of the US, suppliers must complete the applicable forms and continue to fulfill all requirements for each CW/PV to be legally authorized to provide services in such country.

In addition, subject to applicable laws, Intel may require suppliers to provide certain personal information of CWs, including but not limited to name, date of birth, citizenship, and gender, and in most countries, the national ID number, passport information of country of citizenship or alien registration number. The supplier is responsible for obtaining each CW's or PV’s consent to share such information with Intel prior to providing the information to Intel.

Criminal History Check

The supplier is accountable for the behavior of any of the supplier’s personnel that causes harm to people, assets, or Intel’s reputation. The supplier must establish its own screening policies and background investigation procedures to mitigate against such behaviors, in accordance with applicable laws and regulations.

For services in the US, at a minimum, a criminal history check is required and must include (i) seven (7) years of applicable felony jurisdictions (including federal jurisdictions), (ii) five (5) years of applicable misdemeanor jurisdictions, and (iii) a “nationwide” type of a criminal history crosscheck. Jurisdictions checked must include those jurisdictions where CW/PV is known to have worked or resided in the last seven (7) years. A criminal history check must also be based on any relevant information (such as names or aliases) or jurisdictions discovered from an SSN trace. Suppliers must retain, for the duration of the CW/PV’s assignment at Intel, documentation showing that the screening was conducted, including a receipt or proof of a completed criminal history check, and may be required to provide such documentation, if requested by Intel and subject to applicable law. The supplier must take reasonable steps to screen and conduct an individualized assessment for every CW/PV it assigns to Intel, subject to applicable laws or regulations. When conducting an individualized assessment, the supplier should consider the following as guidance when excluding individuals from access to Intel based on a criminal record:

1. Intentional injury or loss, to person or property, including offenses against minors, offenses involving violence, and offenses committed while under the influence of alcohol or other substances;
2. Theft, fraud, dishonesty, breach of trust, money laundering, embezzlement, or unethical behavior;
3. The manufacture, sale, distribution of or trafficking of controlled or illegal substances; and
4. The offenses listed under chapter 49 of the US code of federal regulations section 1572.103.

A criminal record does not automatically preclude an individual from access to or performing services for Intel. When taking into account the above offenses and in accordance with applicable law, the supplier must conduct its own individualized assessment that takes into consideration: (a) the number, nature, and gravity of the offense(s); (b) the time that has passed since the offense(s) and/or completion of any sentence(s); (c) the specific duties of the position and the nature of the services to be performed; (d) relevant facts and circumstances; employment history before and after the offense(s); (e) evidence of any rehabilitation; and (f) any other mitigating factors..

Access Denial and Worker Removal

When an individual’s assignment ends earlier than originally scheduled, the supplier must immediately take all necessary steps to terminate the individual’s access to Intel, including but not limited to badge access and any network or other access granted by Intel. This is typically managed within the individual records within CWOS or ALLOW tools.  This will prevent that individual from obtaining a temporary badge from Intel security or using an unreturned badge to gain physical access or accessing Intel’s standard IT network. In addition, if the supplier has specific concerns the individual poses a risk to people or assets at Intel, the supplier must immediately notify Intel Security of the concerns and work with Intel security to temporarily suspend access and take any other appropriate measures.

The supplier must immediately return all Intel assets, including but not limited to access badges, keys, computing equipment, and any confidential information in the individual’s possession or control including but not limited to: confidential reports, drawings, documents, process specifications, masks, product specifications, manuals, field manuals, diagnostic tools, software diagnostics, virus routines, network analysis, spare parts lists, customer lists, customer contact names, contracts and agreements, all computer files, data and software packages the individual had access during the work assignment at Intel and which are the property of Intel, its subsidiaries, customers or third parties.  Badges should be returned to Intel security.

Terminations or adverse employment actions can be disruptive and are expected to be carried out by suppliers in an appropriate manner away from Intel. The supplier must notify the sponsor or Intel security in writing if the individual engaged in conduct that may make the individual ineligible for future assignments at Intel, such as engaging in gross misconduct, including but not limited to theft, illicit drug use, violence, harassment, or discrimination at the Intel job site. 

Failure to comply with any applicable Intel policies or guidelines, including those specified in this section of the CW global policy, may result in the immediate and permanent denial of access to Intel. Intel reserves the right to deny access or remove any individual assigned to work at Intel’s facilities, at any time with or without cause or prior notice. 

Workplace Violence Prevention

The supplier must immediately report any concern relating to actual or potential violence affecting Intel to Intel security. This includes any act of violence, a direct or implied threat, or concerning behavior that has the potential to result in an act of violence occurring on Intel premises (including stalking and domestic violence), or that is targeted at anyone because of their association with Intel. If in doubt, report the concern.  The supplier must cooperate fully in supporting Intel’s investigation and efforts to ensure people and assets are appropriately safeguarded.

The supplier is expected to administer its own workplace violence prevention program and provide workplace violence prevention training to their workforce consistent with state, federal and local requirements.  Suppliers should inform their personnel how to report workplace violence concerns that may affect or do affect Intel.  Emergency situations or imminent threats at Intel should be reported immediately to Intel security in person or by calling the Intel security emergency phone number.  Non-emergency concerns may be reported through the Intel security non-emergency phone number, the security online reporting system, any local Intel security contact, supplier’s official Intel contact, any Intel manager, or anonymously through the local Intel ethics reporting system.  Suppliers may also provide feedback or inquire about Intel’s Workplace Violence Prevention program by emailing the Workplace Violence Prevention Program administrator at wvp.administration@intel.com.

Monitoring, Searches, and Investigations

Within the limitations of applicable law, Intel reserves the right to monitor all activity at Intel and to conduct searches based on reasonable safety or security concerns as determined by Intel, with or without notice. Authorized Intel representatives have the right to monitor or perform reasonable-cause searches on all Intel-controlled assets including, but not limited to Intel computers, networks, voicemail, e-mail, and office areas. There is no expectation of privacy when using any of these Intel assets. In rare cases personal property such as personal electronic devices, flash drives, cameras, personal bags, purses, and personally owned vehicles that are brought onto Intel premises, may also be subject to search.

Illegal or Unethical Conduct

The supplier must fully cooperate with any reasonable investigation conducted by Intel. If a supplier becomes aware of illegal or unethical conduct by its own personnel, Intel employees or any third party where the conduct is associated with Intel, the supplier must promptly notify Intel using an appropriate channel (e.g., Intel Security or the Intel ethics and compliance reporting portal).

Audit Rights

Intel reserves the right to audit supplier’s background investigation process to ensure that the supplier is in compliance with the above background investigation requirements. The audit may also include supplier’s screening of its personnel, if requested by Intel. For an audit, supplier may be required to provide Intel with redacted copies of the background-related documents, including but not limited to receipts showing proof of the completed background investigation. Supplier must be prepared to provide its policies and procedures regarding its background investigation process.

Access Eligibility Questions

Email Intel security at security@intel.com with any questions regarding this policy.

Export Compliance Regulations

As a U.S. based multi-national corporation, Intel, Intel Intellectual property, Intel facilities and Intel systems worldwide are subject to U.S. export laws and regulations, including the U.S. Department of Commerce’s Export Administration regulations. Access by a non-US national to export controlled technology and software is deemed an export to their home country by the U.S. government, and may require an export license. Suppliers are responsible to know their respective employees’ most recently established citizenship country to allow Intel to determine export license need. Further, where an export license need is identified, the supplier is responsible for obtaining and maintaining said export license prior to their employees’ assignment at Intel.

Immigration Guidelines

Suppliers are responsible for ensuring their workers and subcontractors are in proper immigration status when assigned to render services at an Intel site. If suppliers require legal assistance, they must retain their own immigration legal counsel.

Intel will provide immigration support in three contexts: (1) Contingent Worker (CW) international travel to Intel manufacturing sites in China, Costa Rica, Ireland, Israel, Malaysia, United States (U.S.), or Vietnam for “after-sales service” of capital equipment; (2) Letters from Intel confirming the contractual or business relationship between Intel and the supplier for a scope of services or inviting a supplier representative to Intel for meetings; or (3) Other U.S.-specific issues for suppliers with CWs assigned to render services at Intel U.S. site including, but not limited to Labor Condition Application (LCA) posting and Request for Evidence (RFE) support.

In all cases, Intel’s support is limited to suppliers of Outsourced (OS) CWs.

For more information, see the "Intel Global Contingent Worker Immigration Guidelines" or e-mail IntelCW@fragomen.com. 

Alcohol and Drug-Free Workplace Directive

Intel is committed to fulfilling its legal and ethical responsibility to maintain a safe and efficient working environment on Intel premises. Supplier’s drug and alcohol program shall be at least as stringent as the Intel program within each geography.

When a supplier has a reasonable suspicion or receives a report that a contingent worker is or may be under the influence of alcohol or drugs, the supplier must remove the contingent worker from the Intel premises until the issue has been adequately addressed in accordance with the supplier’s drug and alcohol program, and supplier has received permission from Intel security to return the contingent worker to Intel premises.  Supplier shall notify Intel Security  within 24 hours of any contingent worker who has been removed and/or found to be in violation of Intel’s Alcohol and Drug-Free Workplace Directive or the Supplier’s drug and alcohol policy. Supplier shall also confiscate all Intel assets in possession of any contingent worker violating the Directive.
 

Pre-Access Drug Screening

In the United States and LAR, where permitted by local law, suppliers shall ensure that all construction contingent workers¹ assigned to Intel premises have passed a pre-access drug screening test that is equal to or more comprehensive than Intel Corporation's drug panel (listed below) that is administered to the contingent worker within 60 days or less prior to their assignment at Intel. Except where prohibited by law, no worker who has failed a similar test within the prior two (2) years may be placed at Intel.

Any contingent worker(s) not meeting the prescribed pre-access conditions must take this test upon being identified as a contingent worker. Any such contingent worker who does not successfully pass the drug screen test within seventy-two (72) hours of being required to do so in these countries will be denied access to all Intel facilities for a period to be determined at the sole discretion of Intel Corporation.

The minimum drug panel is provided in Table A. This drug panel is subject to revision at Intel Corporation's discretion.

This policy applies to all affected contingent workers as described in section 'Pre Access Drug Screening' of the Intel Corporation Contingent Workforce Global Policy and those who will be providing services on Intel premises.

Table A (Drug Panel)