Contingent Workforce

General Requirements

Contingent Worker Engagement Policy

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.

Maintaining accurate records for Contingent Workers

Suppliers are required to onboard their workers in full compliance to 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). 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.

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 (ie quarterly maintenance, ad hoc services, backup worker) with work order end dates correctly reflecting the actual service performance timelines and no longer.
• Be ended if supplier worker leaves the assignment earlier than originally documented. It is the supplier responsibility to end the Work Orders timely to ensure accurate records are maintained.

Contingent Workers Moving from One Supplier to Another Supplier

Intel has no corporate restrictions regarding the 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.

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.

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. 

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.

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.

Safety

• For Supplier and CW Safety, reference the Intel Supplier EHS Performance Requirements.
• For Construction Safety, reference the Intel Construction EHS Performance Requirements.
• Any Contingent Worker 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 Contingent Workers 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 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 Eligibility

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 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 another 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).

Audit Rights

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 security@intel.com with any questions regarding this Policy.

U.S Export 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, 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. 
 

Review filings notices for nonimmigrant workers, sometimes called Labor Condition Applications/LCA.

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)