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Local Employment Policy Handbook - ICASS

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Note: Most MOHs are Ordinarily Resident, so HR should confirm the residency status of MOHs as NOR<br />

by verifying their status as exempt from local labor law. If further assistance is needed, HR may contact<br />

the International HR Manager in HR/OE/HRM.<br />

Other non-US Citizens in country with diplomatic status and immunities and privileges (such as family<br />

members of diplomats of other countries), or any other individual whom HR believes may qualify as a<br />

NOR must have a US Social Security Number and not be living temporarily or permanently in the country<br />

where they hold citizenship. HR may contact the International HR Manager in HR/OE/HRM for<br />

assistance in determining the appropriate residency of these individuals.<br />

Note: Individual Taxpayer Identification Numbers – ITINS – are not acceptable for employment as a<br />

NOR with compensation from the American pay plan. There is no exception to this policy.<br />

C. Third Country National (TCN) – The applicant is a non-US Citizen hired from abroad and brought to<br />

post at US Government expense. A TCN works under a bureau-drafted contract or agreement that<br />

includes being sent back to the country of hire at USG expense (repatriation). A TCN is paid under the<br />

Mission’s <strong>Local</strong> Compensation Plan. Note: Some TCNs are hired in country, but when this happens, the<br />

employing agency is accepting another agency’s or organization’s agreement to send the TCN back to the<br />

country of hire.<br />

After HR determines residency, the individual must sign and date the <strong>Local</strong> <strong>Employment</strong> Compensation<br />

Worksheet. If the individual refuses to sign and date the worksheet, HR must immediately withdraw the<br />

offer of employment and terminate the hiring processing. Under no circumstances may HR hire anyone<br />

without a signed and dated Compensation Worksheet.<br />

HR’s or HR/OE/HRM’s decision on the residency status is final and is not subject to appeal or formal<br />

grievance through the LE Staff Grievance policy.<br />

Determining Residency<br />

In most cases, HR can easily determine the residency status of OR or NOR. The most important factor is<br />

whether the candidate comes under local labor law for purposes of employment, regardless if the host<br />

country actively enforces the law or “will look the other way.” If yes, then Ordinarily Resident is always<br />

the right selection.<br />

Family Members of Contractors<br />

There are two main types of contractors working at the Mission:<br />

A. Domestic Contractor – A US-based headquarters agency hire in response to a Vacancy Announcement<br />

the headquarters agency issues from the US. The contractor travels to post on a diplomatic passport with<br />

full immunities and privileges. The family members of these contractors, if included on the travel orders<br />

and if also traveling with a diplomatic passport, are NOR. A non-US Citizen family member must have a<br />

US Social Security Number for compensation as NOR from an American pay plan.

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