我的severance package(我签字的材料里)没有具体说明规定,只是原公司HR网上有6个月waiting period规定,无论是hire or contract. 我被炒3个月后,一个猎头给我提供了个在原工作单位上班的临时工,他说招工头认为contract没有问题,似乎下面V也允许contract,只要agent合法费用合理。
我让HR地提供了网上的规定但有点看不懂,请大家帮我分析一下(公司名称用XXX代替) 多谢!!!
III. Waiting periods
To ensure compliance with qualified savings plan and pension plan federal tax code restrictions and employment nondiscrimination rules, an individual who was formerly employed as an employee of XXX may not be engaged in any capacity under the provisions of section I of this policy: (a) Until at least ninety (90) days have elapsed from the individual's date of termination from XXX, and (b) In the case of a former XXX employee who terminated employment under either a voluntary or an involuntary XXX severance program, until at least one hundred eighty (180) days have elapsed from the individual's date of termination from XXX. Exceptions. Limited exceptions to these waiting periods may be made if approved by the Manager, U.S. Policies, who will review the relevant facts and circumstances of the specific situation in making a determination. Anyone wanting to engage the services of a former XXX employee before ninety (90) days have elapsed from the individual's date of termination in the case of a non-severee, and before one hundred eighty (180) days have elapsed from the individual's date of termination in the case of a severee, must contact the Manager, U.S. Policies, in order to request an exception.
V. Use of a third party for engaging the services
If direct reemployment as a full-time, part-time, temporary, occasional, or term contract employee of XXX is not appropriate or desirable, the services of an individual who was formerly employed as an employee of XXX must be engaged through a third party company that will employ the former XXX employee as its own employee and then assign the former XXX employee to provide services to XXX. Procurement & Supply Chain Management can provide the names and contacts for XXX-preferred independent staffing companies (temporary employment agencies) as well as specialized consulting firms. Third Party Requirements. If a non-XXX-preferred third party company is used, it must meet the requirements defined in this section. Further, contracts with third parties, if not already in existence, should be negotiated/reviewed by Procurement & Supply Chain Management and/or XXX Legal, and must include XXX approved language on employment status, income/employment tax withholding and other policy requirements. Very strict limited exceptions may be made to allow the use of a third party (corporation or partnership) in which the former XXX employee may be a shareholder, partner, principal or other full or partial owner as long as the third party has employees on its payroll other than the former XXX employee and his/her spouse. XXX Legal, in conjunction with Tax, must review and approve any such arrangement before such third party can be used.