Professional Employment Guidelines
AMERICAN CHEMICAL SOCIETY
1155 SIXTEENTH ST., N.W.
WASHINGTON, D.C. 20036
Copyright © 1983 American Chemical Society,
Washington, D.C.
FOREWORD
This third edition' of the Professional Employment Guidelines is, like its predecessors, the product of arduous debate by the Council Committee on Professional Relations. It retains those guidelines by which the actions of employers and employees alike have been judged since 1975, and it adds several that were perceived by the Committee (or called to the Committee's attention by other interested committees of the Society) as necessary responses to documented examples of unprofessional treatment and/or conduct. It also incorporates new guidelines that may prevent adversarial relations in those areas where workplace rights are not yet universally recognized. In addition, the Definition of a Chemist, approved at the spring Council meeting in 1978, is appended for reference.
The history of the guidelines can be traced to 1939, when the Committee on Professional Status brought the subject of professional scientists' employment rights and responsibilities to the attention of the Council in the form of a report, "Employer-Employee Legal Relationships." Employer treatment of scientists as professionals was dealt with in a 1945 Chemical & Engineering News article: "Responsibilities of Employers to Professional Employees." "The Chemist's Creed," which was developed by the Committee on Professional Relations in 1965, provided a guide to ethics for members of the chemical profession.
Major terminations of professionals in the early 1970's induced the Committee to recognize the need for standards to assist employers in understanding the interests of scientists. Accordingly, minimum guidelines for employers were prepared in 1973. Subsequently, parallel standards for employees in the chemical profession were developed, and thus the first edition 2 of Professional Employment Guidelines for both employees and employers was adopted in 1975. The second edition3, in 1978, incorporated guidelines directed towards the special needs of chemists employed in academic institutions.
1 3rd edition-approved by the Council August 31, 1983 (Washington, D.C.) and adopted by the Board of Directors September 23, 1983.
2 1st edition-approved by the Council and adopted by the Board of Directors April 9, 1975.
3 2nd edition-approved by the Council March 15, 1978 (Anaheim) and adopted by the Board of Directors June 10, 1978.
The Committee on Professional Relations takes great pride in the acceptance and approval of these guidelines by the Council, the largest member-elected body in the American Chemical Society The Council may justifiably feel a sense of achievement in obtaining a consensus on the guidelines and in the Board's prompt adoption of them.
While the Committee has the prime responsibility for overseeing the implementation and observance of the Professional Employment Guidelines, all members of the Society have a duty to know and observe them, as well as to bring departures from their spirit and content to the Committee's attention.
The Committee also recognizes its duty to modify the guidelines as changing times and conditions dictate; however, it is neither prudent nor practical to revise them more frequently than about every five years.
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 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. The Society endorses the application of these Guidelines to all professional employment.
1. 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. The chemist should disclose all of his/her inventions to the employer in a timely fashion. The chemist should convey title to all inventions to the employer if: the employer provides space, time, labor, or equipment in pursuit of the invention; or the invention involves a product or process of the employer; or the invention relates directly to the business of the employer.
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. Conditions for the continuation of employment such as temporary funding or outside contracts should be specified. A written statement of these conditions should be supplied to the chemist at the time an employment offer is made. A statement of termination policy, including procedures in effect during periods of defined financial exigency, should also be made available to the candidate at the time the employment offer is made.
2. Legal obligations of the chemist to the employer should be clearly set forth in an employment agreement. The employer should not assert title to inventions that: were developed on the employee's own time; and did not involve equipment, facilities, supervision, or trade secrets of the employer; and do not relate directly to the business of the employer. The employer should transfer patent rights to the employee when the employer has no continuing interest in the invention, and has received a full disclosure of the invention and a written request for release.
3. Employment, advancement and compensation will be based on professional competence and performance without regard to sex, age, race, religion, physical handicap, or any stipulation irrelevant to the job.
4. Sound indirect compensation programs should include, among others, adequate retirement benefits, health, disability and life insurance, sick leave, and paid holidays and vacations. Employers should regularly adjust pension payments and benefits to retirees to reflect changes in the cost of living. Permanent (regular) part-time employees should be provided with adjusted indirect compensation programs that are at least proportional to the programs for full-time employees.
5. 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 reparation.
6. 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.
7. In the event that a company or institution is purchased by or merged with another, an employee's years of service should be calculated from the date employed by the initial company or institution.
II. Employment Environment
The Chemist
1. The chemist should perform all assignments diligently and judiciously, using his or her most creative and resourceful ideas for the benefit of the employer. The chemist should be responsive to changing corporate business and research objectives.
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.
7. The chemist should use the period of an enforced work stoppage occurring on the premises in a constructive and professional manner.
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 arrangement is not mutually 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. The employer should inform the employee of current and future corporate business and research objectives insofar as they influence the performance and career of the employee.
5. In the event that the employer requests relocation of a chemist, relocation costs should be borne by the employer.
6. The employer should strive to insure that products and processes are adequately tested, and that potential hazards are properly identified to the public.
7. 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, with the results of this review documented. The chemist should be advised of means to meet the employer's standards and should be given reasonable time to meet those standards.
8. 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.
9. 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.
10. 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.
11. Meritorious performance should be rewarded by financial compensation. Increasing levels of skill and responsibility should be rewarded by professional advancement. The employer should establish recognition programs for employed inventors. Extraordinary contributions to patentable inventions, trade secrets, or know-how should be compensated by specific rewards commensurate with the value of the contributions to the employer.
12. 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 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.
13. 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 that could compromise professional ethics through the use of trade secrets information.
14. The academic employer should observe the 1940 Statement of Principles on Academic Freedom and Tenure of the American Association of University Professors and the Association of American Colleges.
15. The employer should not penalize the chemist who performs only his or her duties during any enforced work stoppage occurring on the premises.
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 that will enable the individual to maintain scientific competence.
2. The employer should permit reasonable compensated leaves of absence for professional study in order to maintain competence or to improve knowledge in the chemist's 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 employer should respect the right of the chemist to participate in political and community activities.
6. The employer should encourage self-development by providing reasonable financial assistance to employees who wish to further their education that is related to present or potential company assignments, or that leads to a degree related to such assignments.
IV. Termination Conditions
The Chemist
1. The chemist who intends to terminate employment should notify the employer in writing and provide a minimum of four weeks' advance notice. The chemist should assist the employer to maintain a continuity of function.
The Employer
1. The employer should, by appropriate forward planning, provide stability of employment and avoid multiple terminations. If termination is necessitated, the provisions of these Guidelines apply to all chemists including those whose employment is contingent on maintaining contracts.
2. No chemist should be terminated for inadequate performance or for cause without documented evidence and review by two levels of management, provided such levels of management exist, above the immediate supervisor. The opinion of scientific peers should also be considered.
An academic chemist, regardless of tenure status, who is dismissed during a contract period or whose contract is not renewed at a contract anniversary should be accorded full academic due process.
3. No chemist having a minimum of 10 years' total service should be terminated except for continuing evidence of previously documented inadequate performance or for cause.
4. Any chemist who is terminated for reasons other than cause should be notified in writing and be given a minimum of four weeks' advance notice. The written termination notice should contain the specific date of termination.
For academic chemists, termination notices should be given at least 3 months in advance of the end of the contract for the first year of service, at least 6 months for the second year, and at least 12 months for the third or later years.
5. The chemist should receive severance pay consisting of two weeks' salary for each year of service, beyond the minimum of four weeks' advance notice and beyond any accrued vacation pay Additional notice in lieu of severance pay may be provided by mutual consent of both parties. The written advance notice should include status and options for insurance plans (specific dates when cost of plans should be assumed by the employee) and a detailed accounting of monies to be paid (regular pay, vacation pay, severance pay, and pay in lieu of advance notice).
6. 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.
7. Any chemist terminated with a minimum of 10 years' total service should have fully vested pension rights with survivor benefits.
8. If the employer encourages the employee to retire early, the employer should provide an attractive and adequate income, e.g., increased pension. Any chemist who is involuntarily placed on early retirement should be treated at least as well as an employee dismissed for economic reasons, i.e., be given severance pay, advance notice, etc.
9. The employer should continue life insurance and medical care plans for a minimum of one month beyond the severance date, plus accrued vacation time, plus two weeks for each year of employee service, at the same rate of contribution as when the terminee was an employee. The employer should provide an additional 31 day grace period.
10. 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 employees terminated during a retrenchment.
11. When an employer hires a chemist previously terminated by the employer, the employee's years of service should include the initial service preceding any interruption.
Definition of a Multiple Termination
A multiple termination occurs when the employment of three or more chemists or chemical engineers is terminated within a six-month period for reasons other than: 1) continuing evidence of previously documented inadequate performance, 2) completion of a contract, or 3) cause. The academic chemists or chemical engineers must be tenured or in a tenure-leading position.
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 the Council of the American Chemical Society and subsequent publication.
Definition of a Chemist*
A chemist is a professional who possesses an earned bachelor's or higher degree with a major in a chemical science from an accredited institution and who develops, applies, or communicates the principles of chemistry and exercises independent judgment and discretion in conceiving, planning, coordinating, or executing chemical projects or who has experience in so doing.
The chemical sciences deal with the composition, structure, and properties of substances and of the transformations they undergo.
This statement was formulated for those who need a definition of a chemist for legislative, judicial, or regulatory purposes. It is not related to membership eligibility in any particular scientific or professional society.
*For brevity the term "chemist" in the Guidelines refers to both chemists and chemical engineers.
Approved by the Council of the American Chemical Society, March 15, 1978 and endorsed by the Board of Directors on June 10, 1978.
