Professional Employment Guidelines
AMERICAN CHEMICAL SOCIETY
1155 SIXTEENTH ST., N.W.
WASHINGTON, D.C. 20036
At the 1939 National Meeting of the American Chemical Society in Baltimore, the Committee on Professional Status, whose chairman was Thomas Midgley, Jr., presented a report on "Employer-Employee Legal Relationships". While directed primarily at employment contracts, the Midgley report discussed other aspects of employment, some of them in the nature of guidelines for employers in their relations with professional scientists (C&EN April 20, 1939 p. 273).
More on the subject was said by Roger Adams in a 1945 article entitled "Responsibilities of Employers to Professional Employees" (C&EN October 10, 1945, p. 1706). Dr. Adams' observations were pointed even more directly at employer treatment of professional chemists and chemical engineers.
Chemistry as a profession has grown and matured considerably since Dr. Adams' article. Better bases for understanding between chemists and their employers have been established, aided in part by "The Chemist's Creed", a guide to ethics for members of the chemical profession, which was developed by the Committee on Professional Relations in 1965.
Subsequently, the Committee concluded that it would be helpful to develop companion standards to guide employers in understanding the interests of professional chemists and chemical engineers. Uncertainties in the employment market in the late 1960's and 1970's, resulting in major layoffs of professionals, underscored the need for such a guide. Accordingly, minimum guidelines were prepared by the Subcommittee on Professional Standards and adopted by the Committee on Professional Relations. They were approved by the Council on September 15, 1970, and endorsed by the Board of Directors, June 5, 1971. Further revisions were approved by the Council and Board of Directors in 1973.
The Subcommittee on Professional Standards recognized the need to develop parallel guidelines for employees in the chemical profession. The following Professional Employment Guidelines, embodying standards for both employees and employers, were subsequently adopted by the Committee on Professional Relations on September 8, 1974, They were approved by the Council and endorsed by the Board of Directors on April 9, 1975.
Professional Employment Guidelines
Prepared by the Council Committee On Professional Relations
American Chemical Society
Preamble
The American Chemical Society seeks to enhance the productivity and the economic welfare of both chemists* and the employers of chemists by the delineation of employment practices that collectively foster the mutual confidence and mutual security of employers and employed chemists and by the review of the practices of individual chemists and employers.
I. Terms of Employment
The Chemist
1. The prospective employee should apply only for those positions in which he or she has a sincere interest. Any interview expenses to be reimbursed by the prospective employer must be reported accurately. If more than one employer is visited on an interview trip, expenses should be prorated fairly.
2. The chemist should inform any new employer of previous employment agreements, and should exclude trade secrets or proprietary information of previous employers from new employment agreements. The chemist should not seek or accept employment on the basis of using or divulging any trade secrets or proprietary information.
3. The chemist is obligated to honor an offer of employment once accepted unless formally released after giving adequate notice of intent. All of these obligations should be made in writing.
4. The chemist should not use the funds or facilities of the current employer for the purpose of seeking new employment unless approved by the current employer.
The Employer
1. The conditions of employment should be described fully to the prospective employee. A written statement of these conditions should be supplied to the chemist at the time an employment offer is made.
2. Legal obligations of the chemist to the employer should be clearly set forth in an employment agreement.
3. Employment, advancement and compensation shall be based, without regard to sex, age, race, religion, or political affiliation, on professional competence and ability to perform assigned responsibilities. Sound indirect compensation programs should include among others retirement benefits, health and life insurance, sick leave, paid holidays, and paid vacations.
4. The employer is obligated to honor a written and accepted offer of a position. If unable to honor it, the employer should provide the chemist with equitable compensation.
5. The employer should recognize that at times during the chemist's employment, family or professional responsibilities may necessitate special arrangements such as the granting of personal leaves, flexible working schedules, and part-time employment. The chemist should be informed at the time of employment that these considerations are available and negotiable.
6. A statement of termination policy should be made available to the candidate during the interviewing process.
II. Employment Environment
The Chemist
1. The chemist should engage in all assignments diligently and judiciously, employing his or her most creative and resourceful ideas.
2. The chemist should strive to foster a stimulating and productive work atmosphere.
3. The chemist should solicit and actively participate in regular performance reviews.
4. The chemist should use all necessary safety procedures, and should inform the employer of any hazards in the working environment.
5. The chemist, mindful of his or her responsibility to the public, should strive to insure that products and processes are adequately tested, and that potential hazards are properly identified.
6. The chemist should respect and maintain the confidentiality of the employer's trade secrets and proprietary information.
The Employer
1. The employer should provide physical facilities that enable the chemist to work safely and efficiently. New personnel should be instructed in the proper handling of material and equipment in order to minimize risks of personal injury. Continuing environmental studies should be conducted to assure that chemists are asked to function only under safe working conditions.
2. The employer should insure that normal working hours leave the chemist adequate time for personal study, rest, and recreation.
3. Management should periodically review each chemist's aptitude, professional growth, and suitability and, within the framework of job requirements, make assignments to utilize these capabilities. If an assignment is not beneficial, an appropriate reassignment should be made.
4. The employer should maintain conditions that will enable the chemist to make his or her best contributions.
5. Performance reviews should be made on a regular basis at least annually. Confidential written records of such reviews should be employee attested and maintained by both the employer and the employee. The employer has the responsibility to discuss fully and promptly with the chemist any unacceptable performance or ineptitude, The chemist should be advised of means to meet the employer's standards.
6. Judgment of the chemist's scientific performance should be rendered by a supervisor who is also a scientific peer. Additionally, the supervisor should consider the evaluation of the chemist's scientific performance by scientific peers.
7. Dual ladders of advancement for chemical supervisors and chemists should be provided and should be realistic. Financial rewards for individuals at the same level should be similar, even though responsibilities are different.
8. Managerial and technical contributions should both be considered as essential to the success of the corporate effort, The chemist should be provided with economic data and appropriate financial and business documents pertaining to his or her effort.
9. Meritorious performance should be rewarded by financial compensation. Increasing levels of skill and responsibility should be rewarded by professional advancement. Extraordinary contributions to patentable inventions, trade secrets or know-how should be compensated by specific financial rewards commensurate with the value of the contributions to the employer.
10. The chemist should be permitted to consult with other professionals in the field so as to enhance the individual's capabilities. The interchange should be permitted with the understanding that the chemist will not reveal confidential company information in any such discussions. In the event of scientific controversy, it is recognized that the chemist will act as an individual and not as a representative of the company.
11. The employer should not inhibit the movement of a chemist from one organization to another, even a competitor, through the use of such practices as covenants not to compete, and claims to subsequently conceived inventions. Competing employers should not assign a relocated chemist to projects which could compromise professional ethics through use of trade secrets information.
III. Professional Development
The Chemist
1. The chemist is responsible for maintaining technical competence and for self-development through continuing education. Additionally, the chemist should support and participate in the activities of appropriate technical societies to enhance professional growth.
2. The chemist should serve the public by using his or her specialized knowledge while participating in civic and political activities. Such participation, however, should be undertaken solely as a responsibility of the individual without involving the employer.
3. The chemist should give credit to all colleagues who contribute to technical accomplishments.
The Employer
1. The chemist should, as a matter of policy, be encouraged to attend meetings and to take formal courses of study which will enable the individual to maintain scientific competence.
2. The employer should permit reasonable compensated leaves of absence for professional study in order for the chemist to maintain competence or to improve knowledge in the field.
3. The chemist should be encouraged and given the opportunity to publish work in scientific journals and to present findings at scientific meetings.
4. The chemist should be given an opportunity to participate in professional and scientific society affairs. The chemist should be allowed sufficient time consistent with the performance of regular duties to carry out responsibilities in such organizations.
5. The chemist should have freedom to participate in political and community activities.
IV. Termination Conditions*
The Chemist
1. The chemist who intends to terminate employment should provide a minimum of four weeks' advance notice and should assist the employer to maintain continuity of function.
The Employer
1. Any chemist who is terminated should be given a minimum of four weeks' advance notice.
2. The chemist should receive severance pay consisting of two weeks' salary for each year of service. Beyond the minimum four weeks' advance notice, additional notice in lieu of severance pay may be provided by mutual consent of both parties.
3. Every effort should be made to place the individual in another position within the organization, including retraining for a new position if necessary. When it is determined that such relocation is not possible, the chemist should be given assistance in finding employment elsewhere.
4. Any chemist having a minimum of 10 years' total service should not be terminated except for continuing evidence of previously documented inadequate performance or for cause. If either inadequate performance or cause is claimed, the chemist's case should be reviewed by two levels of management above the immediate supervisor. Management should also consider the opinion of the chemist's performance by scientific peers.
5. Any chemist terminated with a minimum of 10 years' total service should have fully vested pension rights with survivor benefits.
6. Any chemist who is involuntarily retired by an employer should be treated at least as well as an employee dismissed for economic reasons (i.e., be given severance pay, notice, vested pension privileges, etc.).
7. Life insurance and medical care plans should be continued by the employer for a minimum of one month following termination at least at the same rate of contribution as when the terminee was a full-time employee. The employee would have an additional 31 day grace period.
8. The employer should follow a policy of rehiring those terminated in a retrenchment before similarly qualified employees are recruited. Rehire privileges should be carefully explained to terminated employees.
Investigation of Unprofessional Conduct
The Chemist
1. The Committee on Professional Relations will investigate instances of conduct by chemists reported to be in violation of the Professional Employment Guidelines.
2. The conclusions of the Committee will be communicated to the parties involved.
3. Documented instances of unethical conduct can lead to initiation of proceedings before the Council of the American Chemical Society, in accordance with Article IV, Sec. 3 of the Constitution and Bylaw 1, Sec. 7.
The Employer
1. The Committee on Professional Relations will investigate instances of conduct by employers reported to be in violation of the Professional Employment Guidelines.
2. The Committee will extend assistance to chemists whom the Committee has deemed to have been treated unprofessionally.
3. Documented unprofessional conduct by an employer can lead to citation before the Council of the American Chemical Society and subsequent publication.
*For brevity, the term "chemist" in the Guidelines refers to both chemists and chemical engineers.
*Termination for cause is excluded.
