CLAUSE H.38 – WORKFORCE TRANSITION
(a) Hiring Preference. Subject to the availability of funds, the Contractor shall offer employment to all Incumbent Employees in “Regular”, “Fixed-Term”, or “Temporary” appointments, as defined in (c), below, who, as of the date the Contractor assumes responsibility for the contract, are in good standing and are engaged in performance of work within the scope of work under this contract. Nothing in this paragraph shall preclude the Contractor from separating employees when in its judgment it is appropriate to do so based on the employee’s performance or conduct.
(b) Discretionary Incumbent Management Employees Excepted. It is the Contractor’s prerogative to establish its own management structure. Therefore, the hiring preference set forth in paragraph (a) above is not applicable to Discretionary Incumbent Management Employees. Discretionary Incumbent Management Employees are individuals assigned to Key Personnel positions as listed in Contract No. DE-AC02-07CH11359, in Section J, Appendix entitled “Key Personnel” as of the date of release of the RFP, including any subsequent changes of these personnel after release. The Contractor may offer employment to said employees, in either their current positions or other positions, at the Contractor’s sole discretion. For those Key Personnel positions listed in Contract No. DE-AC02-07CH11359, any changes in job positions or classifications shall be accompanied by a commensurate alteration in compensation.
(c) Incumbent Employees.
- Regular employees are not in a temporary status and are regularly scheduled to work.
- Fixed Term employees are hired to temporarily work on short- or long-term assignments for a limited duration generally up to a maximum of three years. Term assignments may be continued for one additional extension period.
- Seasonal employees are hired to work generally during the summer months or holiday season to supplement the workforce. One type of seasonal employee is an Intern employee hired to perform work for a specific internship program, generally during the summer months
- Temporary employees are hired to temporarily work for a limited duration generally up to a maximum of six months. One type of temporary employee is a Co-op employee hired to work three or four terms at Fermilab, alternating periods of full-time study at their schools with full-time employment at the laboratory.
- On-call employees are employed on an “as-needed” basis for a non-specified period. On-call employees must work less than 1,000 hours per year.
- Full-time employees are regularly scheduled to work at least 40 hours per week.
- Part-time employees are regularly scheduled to work less than 40 hours but at least 20 hours per week.