Contingent Worker Classification Rules
A. Outsourcing / Outsource Services Contingent Worker (OS CW)
General Requirements for Outsourcing CW
Outsourcing describes a service provided by a third party company. Characteristics of OS functions include the following.
- The outsourced services contingent workers (OS CWs) are employed by the supplier and selected for assignments with no input or only very limited technical screening from Intel.
- The supplier, as the OS CW's employer, is responsible for paying the OS CW's salary, benefits, and taxes.
- The supplier, as the OS CW's employer, is responsible for hiring and dismissing the SA OS CWs and responsible for any performance management issues including those that arise while the OS CW is on Intel assignments.
- Intel does not give day-to-day work instructions and direction to OS CWs. The supplier must have a supplier management structure in place whereby the supplier manager/supervisor is providing all day-to-day direction to the OS CWs from their own company, without Intel involvement.
- For Russia, Israel, China, South Korea and LAR (not including Costa Rica) there are specific requirements on what may be outsourced as job similarity is a concern. (If unsure, check with your Intel Purchasing representative.)
Duration Limits for OS CWs
There is no limit on the length of placement of an approved outsourced services contingent worker. The length of assignment necessary to fulfill the scope of work is determined by the applicable contract. An annual renewal process is required to ensure data is kept current.
OS CW Time Away Rules
It is the Supplier’s responsibility to be aware of Intel’s time away rules applicable to outsourced services contingent workers and comply with these requirements. See Time Away & Duration Matrix.
B. Staff Augmentation Contingent Worker (SA CW)
General Requirements for SA CWs
SA CWs are contingent workers used to temporarily fill in for or augment the performance of functions that are usually or may have historically been performed by blue badge employees (BBs).
- The SA CWs are employed by a third party company ("supplier").
- The supplier, as the SA CW’s employer, is responsible for paying their salary, benefits, and taxes.
- The supplier, as the SA CW's employer, is responsible for hiring and dismissing the SA CW and is responsible for any performance management issues including those that arise while the SA CW is on Intel assignments.
- A foreign national with temporary work authorization is not eligible for CW staff augmentation work at a U.S. Intel site due to U.S. Citizenship and Immigration Service requirements. Only "U.S. Workers" may fill staff augmentation roles. "U.S. Workers" are U.S. citizens, U.S. nationals (from Samoa or the Northern Mariana Islands), Legal Permanent Residents (e.g. "Green Card" holders), or persons granted asylum or refugee status by the U.S. government.
Intel requires that all SA CWs be subject to Intel's duration rules. Intel applies these rules to all CWs that Intel has classified as staff augmentation, regardless of contractual or sourcing arrangements. Intel is the sole authority on whether the CWs providing services for the agreement are classified as staff augmentation. Intel also reserves the right to classify suppliers' workers as staff augmentation at any time. Duration limits will vary depending upon geography, and some countries will have more restrictive limitations on the use and length of placement of SA CWs. The duration for a break in service may also be dictated by local laws. In some countries, there may be limitations (i.e. legal requirements, local laws, etc.) regarding suppliers that are allowed to provide "staff augmentation" service. Therefore, it is up to Intel to determine the limitations on staff augmentation support provided by relevant suppliers. All guidelines regarding the following are subject to change without notice:
- Duration limits
- Break in service
Suppliers may contact the Intel contract owner to verify whether a contract has currently been classified as staff augmentation. If you are unsure of the appropriate contract owner, contact Intel's purchasing service desk by sending an e-mail to: email@example.com.
Duration limits apply to both full-time and part-time SA CWs. The time limit is calculated by actual calendar months and not by the number of hours worked. The duration limits apply to a SA CWs regardless of a) the number of suppliers for whom they have been employed and b) the number of assignments at Intel to which they have been assigned. In other words, the time a SA CW has worked for another supplier or on other Intel assignments for the same supplier does count as part of their current duration of service. Suppliers must ensure that they are aware of all of their workers' previous history of performing services for Intel. Suppliers are responsible for monitoring each of their worker's individual compliance to the duration rules. This includes any previous work assignments by their workers while employed by other companies. Intel will not grant waivers for duration limits or breaks in service. Intel will also not give duration extensions or break reductions. If suppliers do not monitor compliance to this rule and manage the contingent workers' transitions properly, Intel will immediately deny access to Intel sites for those contingent workers. This may result in a disruptive situation for both suppliers and Intel.
Suppliers are responsible for working with their Intel sponsor to ensure that any of their employees, who may have joined them from other Intel suppliers, have their Intel access profile and badge updated with the latest company information. .
The duration rules apply strictly to Intel contract work only. This policy is not intended in any way to dictate supplier employment or hiring practices.
Duration limits and time away rules for SA CWs - It is the supplier's responsibility to be aware of Intel's duration limits and time away rules applicable to staff augmentation contingent workers and to comply with these requirements. See Time Away & Duration Matrix.
Former Employees Returning as Contingent Workers
Former Intel employees, including Interns and Intel Contract Employees (ICEs) must wait before returning to Intel as a contingent worker. 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 Matrix.
Intel Employees Also Providing Services as Contingent Workers
Intel’s HR Corporate hiring policy prohibits Intel employees from working as an Intel Supplier or contingent worker to Intel while being employed at Intel..
Contingent Workers Moving from One Supplier to Another Supplier
Intel has no corporate restrictions regarding movement of contingent workers (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.
Staff augmentation contingent workers (SA CWs) are subject to the applicable duration limits which are cumulative and apply when the SA CW changes employers (Intel suppliers).
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 Matrix.
Contingent Workers Hired by Intel
Intel has no general prohibition against the hiring of existing contingent workers by Intel managers; however, various waiting periods are required in Latin America. Also, some Intel contracts with suppliers may contain additional guidance applicable to the hiring of supplier's employees. Contact your Purchasing representative/support for the specific guidelines because some countries or business units (such as TME and TMG) may have more specific supplier hiring policies. Contact the contract owner listed in the ARIBA tool for contract details.
For conversions, the Purchasing representative/ contract owner must be informed up front before any further action is taken as Intel may have different agreements with different suppliers.
Trademark and Branding Guidelines
Trademark and Branding guidelines, including Intel's business cards, may be found here.
CW Information Security Policy
Contingent Workers must follow, and when granting access to content their rights are subject to, all related Information Security policies (Policy 40.6, also see additional information Here). In addition, Contingent Workers 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.
Last Day Office (LDO) process
Ensure CW assignment end date is accurate and follow Last Day Office (LDO) process for CWs to ensure compliance. Follow site specific exit procedures when applicable.
Use Privileged visitor category when appropriate for long-term visitors who need site or network access, but are not considered CWs. More information can be found here.
Escorted Guest Worker Policy
Escorted Guest Worker Policy. Please see attached description here.
Intel Employee Resource Groups
Are for Intel blue badge employees only. For further information, please see here.
CWs minimum age requirement
Intel expects its suppliers to comply with this expectation, stating that 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 see here.
- General: Report unsafe acts observed to the relevant Supplier (employee's supervisor). Intervene immediately if you see a Supplier's employee engaging in an unsafe act that you believe could result in injury.
- New Contractor Orientation: All suppliers must complete New Contractor Orientation prior to commencing their work at an Intel site.
- Industry or General Safety Training: It is the Supplier's responsibility to provide all safety training to its workforce.
- Intel Specific Safety Information: It is Intel's (the sponsor's) responsibility to provide Intel-specific information, e.g., hazard communication specific to Intel, evacuation procedures, etc relevant to the tasks being performed.
- Contract: Be familiar with the health and safety items in your contract.
General Requirements on Travel
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 Supplier for travel and travel-related expenses in compliance with Intel’s Expense and Travel Expense Policy.
- Monitor payments to 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 staff augmentation contingent workers (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.
See here for more information regarding CW's travel on behalf of Intel.
Access to Intel Corporation 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. Supplier, including any subcontractor (collectively, Supplier), must take reasonable steps to conduct a background investigation on its personnel designated as an Intel Contingent Worker (CW) or Privileged Visitor (PV), under applicable laws and regulations. To the extent required by applicable law, all screening must be complete prior to the CW/PV’s access to any Intel facility or assets. Supplier may also be required to submit its personnel to recurrent background screening, upon request by Intel.
Access will not be granted to any CW/PV, who is not subject to the below background investigation process. Supplier must not allow any person access to Intel facilities, computer networks, or confidential information, if that person has been identified by Intel as "not eligible for access." This Policy is subject to change by Intel at any time, with or without notice. Screening and access-related documents are available at Supplier.Intel.com/Forms.
Unescorted Access Request and Access Badges
Suppliers are responsible for the use (and misuse) of badges assigned to their own personnel. Access to and the use of Intel facilities and systems is authorized only for Intel-sanctioned purposes. To obtain access to Intel sites or network, an Intel “Sponsor” or designee must initiate the access process. Once a CW/PV is provided an access badge, he or she is required to wear the badge forward-facing and in plain view when they are in access-controlled areas. Badges must be safeguarded at all times and secured out of view 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 a supervisor, badges may never be loaned or transferred to others. Using another person’s badge for access, or allowing another person to use a badge that is not issued to them, is grounds for removal and permanent denial.
Proof of Employment Eligibility and Identity
Intel requires that Supplier warrants that Supplier’s 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, Supplier 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 a SSN Trace and Form I-9/E-Verify. For services in the US, Supplier 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, Supplier 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 Supplier 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 consent to share such information with Intel prior to providing the information to Intel.
Criminal History Check
Supplier is accountable for the behavior of any Supplier personnel that causes harm to people, assets, or Intel’s reputation. Supplier must establish its own screening policies and background investigation procedures to mitigate against such behaviors, in accordance with applicable laws (federal and state) 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 a SSN Trace. Supplier 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. 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, 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 a CW/PV from access to or performing services for Intel. When taking into account the above offenses and in accordance with applicable law, 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
Access badges must be returned promptly to Intel Corporate Security when access is no longer needed or authorized by the Supplier. When an assignment ends earlier than originally scheduled, the Supplier must coordinate with the Sponsor to revise and end the assignment. This will prevent that person from obtaining a temporary badge from Security, or using an unreturned badge to gain physical access. Supplier shall also immediately return all Intel assets, including but not limited to access badges, keys, computing equipment, and any confidential information in the person’s possession or control including but not limited to Intel all 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 CW/PV had access during the work assignment at Intel and which are the property of Intel, its subsidiaries, customers or third parties.
Denial of access and removal of CW/PV can be disruptive and are expected to be carried out by Supplier in an appropriate manner away from and not on Intel premises. Supplier must notify the Sponsor or Intel Corporate Security in writing if Supplier’s personnel is denied access or removed for anything that may make him or her 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, or violating Intel’s Corporate Business Principles. Intel reserves the right to deny access or remove any CW/PV assigned to work at Intel’s facilities, at any time with or without cause or prior notice.
Workplace Violence Prevention
Supplier must immediately report any concern relating to actual or potential violence to Intel Corporate Security. This includes any act of violence, or direct threats, indirect threats, or concerning behavior that has the potential to result in an act of violence occurring on Intel premises (including domestic violence), or that is targeted at anyone because of their association with Intel. If in doubt, report the concern. If an existing or former CW/PV or any third party is suspected of posing a risk to Intel’s work environment, physical or proprietary assets, or other individual regardless of location, Supplier must cooperate fully in supporting Intel’s investigation and efforts to ensure people and assets are appropriately safeguarded.
Monitoring, Searches, and Investigations
Within 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
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, Supplier must promptly notify Intel using an appropriate channel (e.g., Intel Corporate Security or the Intel Ethics and Compliance Reporting Portal).
Intel reserves the right to audit Supplier’s background investigation process to ensure that Supplier is in compliance with the above background investigation requirements. The audit may also include Supplier’s recurrent 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, if requested by Intel. Supplier must be prepared to provide its policies and procedures regarding its background investigation process.
Contact Intel Corporate Security at firstname.lastname@example.org with any questions regarding this Policy.
U.S. Export Regulations and Contingent Workforce
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, Supplier is responsible for obtaining and maintaining said export license prior to their employees’ assignment at Intel. Supplier must immediately notify Intel’s Global Export Compliance department at Export.Foreign.National.Hiring@intel.com should their employees’ citizenship or export license status change.
U.S. Immigration Guidelines
The U.S. Citizenship and Immigration Service impose restrictions that limit the circumstances where foreign national visa employees can lawfully work as contingent workers. For this reason, in the U.S., Intel allows only "U.S. workers" to fill Staff Augmentation positions. "U.S. workers" include U.S. citizens, U.S. nationals (persons from Samoa or the Northern Mariana Islands), Legal Permanent Residents (e.g., "green card holders"), or persons granted asylum or refugee status by the U.S. government. Foreign national visa employees with work authorization are eligible for Outsourced Contingent Worker roles, so long as the supplier complies with immigration requirements. For more information, see the Intel Contingent Worker U.S. Immigration Guidelines or e-mail intelCW@fragomen.com.
H-1B Labor Condition Applications
H-1B Labor Condition Applications are being displayed in accordance with U.S. Department of Labor regulations.
There is no specific Intel CW policy or process for countries other than US. The supplier is the sole owner and is responsible for any CWs immigration issues.”
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 Intel has a reasonable suspicion that a contingent worker is under the influence of alcohol or drugs, supplier shall, at Intel’s request, either 1) perform a drug and alcohol testing screen within 24 hours if permitted by law or 2) remove the contingent worker from the Intel premises. Reasonable suspicion is grounds for permanent access denial to Intel premises. Any contingent worker that refuses to cooperate during a drug or alcohol inquiry shall be permanently denied access to Intel premises. Supplier shall notify Intel security within 24 hours and remove any contingent worker found to be in violation of Intel’s Alcohol and Drug-Free Workplace Directive. Supplier shall also confiscate all Intel assets in possession of any contingent worker who is in violation of the Directive.
Pre-Access Drug Screening
In the United States, Costa Rica, Colombia, Mexico and Argentina, suppliers shall ensure that all construction contingent workers* assigned to Intel premises have passed a pre-access drug screening test that is equal to or better than Intel Corporation's drug panel (listed below) during their employment with the supplier. 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 in these countries will be denied access to all Intel facilities for a period of time 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)
Screening Method Cutoff (Immunoassay)
Confirmation Method Cutoff (GC/MS)
*Construction work is defined as "construction, alteration, and/or repair, including painting and decorating." Construction work is not limited to new construction, but can include the repair of existing facilities or the replacement of structures and their components. Examples of Construction contingent worker Includes those providing services and or bearing titles: electricians, pipefitters, facility operations and maintenance personnel performing construction activity, GC self-perform laborers (steel or concrete personnel as an example)