This policy covers all phases of the recruiting and hiring process outside of the US and the corresponding areas of responsibility. The policy applies to all individuals who are paid by Stanford University, a university entity and/or its affiliates outside of the US.
Purpose: To provide policies and guidance that support recruiting and hiring a diverse and talented workforce to support Stanford operations outside of the US. To accomplish this, Stanford strongly encourages hiring supervisors to develop the broadest possible applicant pool allowing the best and the brightest candidates - internal and external - to fairly compete for all open positions. Through fair and open competition and application of equitable evaluation criteria, Stanford hires the best available candidates.
1. General Recruiting and Hiring Responsibilities
a. Global HR Programs
University Human Resources and Global HR Programs are responsible for developing, monitoring and overseeing employment policies and providing the University with support services necessary to attain staffing objectives outside of the US.
b. Human Resources Manager
Human Resources Manager is the person responsible for administering recruiting and hiring policy for each unit or organization, in consultation with Global HR Programs.
c. Hiring Supervisors
Hiring Supervisors are those faculty and staff designated to make staff hiring decisions. Hiring supervisors are responsible for making such decisions in accordance with the policies and procedures established by the University and set forth in this Guide Memo. Each hiring supervisor is accountable for their actions in matters relating to applicable sections of this policy and compliance with regulations governing employment and performance in the country of hire. Questions on these policies should be referred to the Human Resources Manager and/or Global HR Programs.
2. Recruiting and Hiring Policies
a. Compliance with Laws in Country of Hire
Employees assigned or working outside of the US are subject to applicable law in the country of hire as well as University policy and procedures when not in conflict with in-country law.
b. Business Purpose
Hiring, transfer or assignment of regular staff outside of the US must be supported by a demonstrable University business purpose, and approved in writing by the cognizant School Dean or VP. Copies of such approvals should be forwarded to Global HR Programs and FMS/Global Business Services.
c. Administrative Costs
Employing workers outside of the US typically involves significant additional costs in light of the regulatory and operational complexity involved in such assignments. Accordingly the supervisor hiring or assigning the employee outside of the US is responsible for ensuring that the added expense of such an assignment is covered by the applicable budget for the duration of the expected employment.
d. Work Authorization
Work authorization and immigration issues may require significant lead time. HR Managers are responsible for ensuring that appropriate documents are secured prior to employment outside of the US. Human Resources cannot process a hire until the proper work authorization is obtained. Candidates who are citizens or hold on-going work authorization for the country in which the project is located are considered “in-country” hires. These employees may be paid in the country’s currency by a University-approved payroll provider.
e. Consulting Arrangements
It should be noted with caution what may appear to be a consulting arrangement by US standards could in fact constitute an employment relationship in another country, potentially triggering employment, tax and other regulatory considerations.
f. Employment Rights and Preferences of Former and Current Regular Staff
In recognition of the unique nature of global operations, campus policy relating to reemployment does not apply. The University will reemploy or return to active employment workers in the country of original hire to the extent required by law.
g. Employment of Related Persons
University guidelines (as detailed in 2.1.2.c) regarding the Employment of Related Persons apply to global employees.
h. Age as a Hiring Factor
Consideration of age as a hiring factor will be in compliance with employment regulation in the country of hire.
3. Policies and Practices – Search Phase
a. Job Descriptions
Global HR Programs will maintain a library of global job descriptions in a standard format. The hiring supervisor identifies the functions of the job, defines and describes the duties and responsibilities of the position, including required training, and develops objective criteria for the selection process. The unit Human Resources Manager reviews the description for clarity and content and works with Global HR Programs to define a recruitment strategy.
b. Announcing Job Openings
All regular vacancies must be listed with the unit’s Human Resource office and Global HR Programs. Due to the specific requirement of working outside of the US, global jobs are not posted online in the Stanford Careers website.
c. Recruitment of Applicants
Hiring supervisors should consult with the unit’s HR Manager, and ask for a copy of the Global Activities Checklist for Stanford University Human Resources Managers.
d. Search Firms
Global hiring situations may require the use of a search firm in the country of hire to develop a candidate pool. Consult with the unit’s Human Resources Manager and Global HR Programs before making any arrangement with an outside firm or agency.
4. Policies and Practices – Selection Phase
a. Employment Application Form
All interviewed applicants must complete and sign an application form. Applicants may cross out sections on the form that do not apply in the country of hire. At a minimum, the form must contain the employee’s legal name, current and former employer and dates of employment, including latest salary information, and highest education level with name of school awarding degree or diploma.
The hiring manager and/or interview committee interviews the candidates selected through the recruitment process. Initial interviews for job assignments outside of the US may utilize video conferencing and/or video recording. In all cases, the final candidate should be interviewed by the hiring supervisor in person. Finalists should be scheduled for a phone or video interview with campus stakeholders if appropriate.
When used, approved tests must directly relate to essential job functions and be given to all applicants or finalists under the same or equivalent conditions. The test must be scored, evaluated and used as a selection factor equally for all applicants or finalists.
d. Reference Checks
The hiring supervisor is required to obtain a minimum of two reference checks from previous employers. Reference checks must be part of the candidate’s evaluation and may be used as a factor in the hiring decision if the information is job-related. No offer of employment can be made before completing the hiring process, including reference checks.
e. Background Checks
Background checks (appropriate to the country in which the hire is being made) are conducted for all final candidates. No offer of employment can be made before completing the hiring process, including a background check.
f. Criminal Records
A criminal record will not automatically disqualify a job applicant. An applicant with a criminal record can only be barred from employment if the circumstances are reviewed by the unit’s Human Resources Manager, Global HR Programs and Employee and Labor Relations. In many countries, potential employers may not request prior criminal conviction records for job applicants. Stanford’s background check provider will advise on what information can be legally obtained during the hiring process.
g. False and/or Misleading Statements
Withdraw from consideration any applicant found to have misleading and/or false statements on the employment application or other documents.
h. Review of Personnel Files
Hiring supervisors have access to personnel files of current and former University employees who are finalists for the position. No offer of employment can be made before the hiring supervisor or Human Resources reviews the personnel files.
5. Global Employment Decisions, Offers, and Documentation
a. Hiring Decisions
The hiring supervisor and/or next level of management is responsible for judging the relative qualifications of each applicant and for making the hiring decision, consistent with University policy and applicable governmental laws and regulations. The unit’s Human Resources Manager and Global HR Programs is responsible for reviewing proposed hiring decisions and for facilitating compliance with each country’s regulations, laws, and/or University employment policies.
b. Employment Offers
(1) Timing of OfferEmployment offers should be made after the employment action (including in-hire salary) has received all required approvals and after successful completion of the background check.(2) Employment OffersAn offer letter must be issued by the hiring department to the successful applicant for positions with work locations outside of the US, using an approved country offer letter template. Depending on the country of hire, an employment contract may also be required. All such documentation should be reviewed with Global HR Programs to assure conformity with law in the country of hire and University policy.
c. Documentation and Record Keeping
(1) Pre-EmploymentNew, transferred, rehired or promoted employees may not start work in the new position until all appropriate forms have been signed and processed. This may include an employment contract or agreement, government tax withholding forms, or other forms as required in the country of hire.(2) Patent and Copyright AgreementAll employees must complete a Stanford-approved Patent and Copyright Agreement Form as a condition of employment.