guidelines to employment for professional engineers

7/30/2019 Guidelines to Employment for Professional Engineers

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Canadian Professional Engineering and Geoscience (Fourth Edition)

Appendix D1NSPE GUIDELINES TO PROFESSIONAL EMPLOYMENT Page 1 of11

APPENDIX DNSPE

National Society of Professional Engineers

Guidelines to Employment for Professional Engineers

Introduction and Comments

The NSPE Guidelines to Employment for Professional Engineers provide advice on professionalemployment conditions and procedures. The NSPE Guidelines are voluntary; they do not haveany legally binding authority in either the United States or Canada. The four main parts are:Recruitment, Employment, Professional Development, and Termination. Each section has

comments directed at both employers and employees. The Guidelines were developed during anemployment crisis in the 1970s, and have been revised and updated several times. This FourthEdition (2006) addresses the changes in engineering employment caused by globalization.

The NSPE Guidelines may be useful to practising Canadian engineers and geoscientists becausemany employment issues are beyond the authority of the provincial and territorial Associations.Codes of Ethics do not cover typical problems in the professional workplace, such as hiring andterminating professional employees, establishing adequate salaries, benefits, hours of work, and soforth.

Advocacy groups such as the Canadian Society of Professional Engineers (CSPE) and the OntarioSociety of Professional Engineers (OSPE) were established to assist Canadian engineers withworkplace problems (as discussed in the textbook), but these organizations do not yet provide thetype of extensive guidance that is offered by the NSPE.


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TABLE OF CONTENTS

FOREWORD TO FOURTH EDITION

INTRODUCTION

OBJECTIVES

I. RECRUITMENT

II. EMPLOYMENT

III. PROFESSIONAL DEVELOPMENT

IV. TERMINATION


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APPENDIX D1NSPE

Guidelines to Employment

for Professional Engineers

National Society of Professional Engineers (NSPE)

Guidelines to Employment for Professional Engineers

Fourth Edition, June 10, 2006

Foreword to Fourth Edition

Since the publication of the Third Edition of these guidelines, many things have changedregarding the role of the employed professional engineer. The most significant change may be theglobalization of engineering services. The results of globalization of professional engineeringservices are many and profound. The professional engineering employee will expect to changeemployment frequently. Professional engineers need more than ever to take responsibility for theirown career progression. Their progression will depend upon obtaining appropriate andprogressive job responsibility, continuing education, participation in their technical/professional

community, public service, and licensure.

These guidelines have been revised to reflect the new relationship between the professionalengineer and the employer in the new global economy. However, this Fourth Edition is notexpected to become the final edition. What it represents is an incremental and fundamental changethat has occurred in the professional engineer-employer relationship. The Fourth Edition defines ahealthy relationship between the professional engineering employee and the employer.

These Guidelines are for use by: Employers in evaluating their own practices regarding professional engineering employees, Professional engineering employees in evaluating their own responsibilities and those of their

employers, and New graduates and other prospective professional engineering employees in evaluating

prospective employers.

These Guidelines are considered minimum standards.

The Fourth Edition represents the views of the National Society of Professional Engineers(NSPE)Professional Engineers in Industry (PEI) Interest Group 1.


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INTRODUCTION

Every relationship involves expectations that are subsequently compared to experiences. It is

desirable that experiences compare favorably to expectations. Hiring a new employee or acceptinga new job can be a major event in the life of a company or an individual. Guidelines can be helpfulto ensure that areas of mutual interest have been adequately addressed and that subsequentexperiences are in line with expectations.

These guidelines will help ensure that professional engineer and his/her employers addresssignificant areas of mutual concern and that future performance meets expectations.

OBJECTIVES

Professional engineers must incorporate into the ever-changing competitive conditions. To have asuccessful career, a professional engineer must commit his/her full energies to maintaining his/her

competitive edge, being aware that the employers will make business decisions that can adverselyaffect the professional engineers career if the professional engineer is not prepared.

Employers interests are expected to include achieving a highly productive work force that meetsthe organizations needs. These needs must be met effectively, at the lowest reasonable currentcost to the employer, and providing an environment that helps the organization obtain servicesfrom the most qualified and creative professionals worldwide.

To meet the organizations needs, professional employees and employers must establish a climateconducive to the proper discharge of their mutual responsibilities and obligations.The environment for establishing such a climate includes such things as:

Developing a sound relationship between the professional engineering employee and theemployer, based on recognized ethical practices and an engineering code of ethics, mutualcooperation, and mutual respect.

Recognizing the professional engineer's responsibility to safeguard the publics health,safety, and welfare.

Encouraging the professional engineering employees professionalism.

Providing professional engineering employees the opportunity for professional growth,based on employee initiative.

Recognizing that illegal discrimination based on age, race, religion, political affiliation,gender, or sexual preference will not be tolerated. Employers and employees must follow theconcepts reflected in the Equal Employment Opportunity (EEO) regulations, and abide by theapplicable state and federal EEO laws.


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Recognizing that unusual local conditions may result in differences in the interpretation of,and deviations from, details of these Guidelines. Such differences should be negotiated to gain

a mutual understanding that meets the spirit of the Guidelines.

Avoiding policies and practices that erode the competency of the organizationsprofessional engineers.

I. RECRUITMENT

Hiring should be based in part on a professional engineers current competency and ability to meetspecific job requirements. Other factors, such as potential for growth, leadership skills, careerplans, etc. may also be considered.

Professional engineering employee qualifications and employment opportunities should berepresented in a factual and forthright manner.

An employers employment offer and a prospective professional engineers acceptance of theoffer should be in writing.

Agreements between an employer and a professional engineering employee that limit theopportunity for the professional engineer to seek other employment or establish independententerprises are generally inappropriate. However, it can be common in some industries for anemployer to require employees to enter into a non competitive agreement. This does not negatethe inappropriateness of such agreements.

Professional Engineering Employee

1. Professional engineering applicants should carefully evaluate past, present, and futureconfidentiality obligations regarding trade secrets and proprietary information connected withpotential employment. They should not seek or accept employment on the basis of using ordivulging any trade secrets or proprietary information. All applicants should be aware of theirlegal rights and obligations in this regard.

2. Having accepted an employment offer, applicants are ethically obligated to honor thecommitment unless and until they give adequate notice of intent to terminate.

3. Applicants should not use a current employers funds or time to seek new employmentunless approved by the current employer.

4. Applicants should provide correct and truthful information on application forms, resumes,statements of experiences, and credentials..

Employer1. Employers should make clear their policy on paying expenses incurred by the applicant forattending an arranged interview prior to the interview.


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2. Professional engineering applicants should be interviewed by the prospective employersrepresentative and, including if possible, by prospective supervisors or peers who are licensed

professionals, who will clearly present the technical and business nature of the jobopportunity. Prospective employers should disclose any unusual expectations in their workenvironment, such as hazardous conditions, high levels of travel, and unpaid overtime.

3. Prospective employers are responsible for all representations made by their representativesregarding the conditions of employment.

4. Professional engineering employment applications will be kept confidential. Prospectiveemployers should seek expressed written consent from applicants before contacting anapplicants current employer.

5. Employers will reveal employment trends and projections when hiring during periods of

major reductions of personnel.

6. An employers written offer of employment should state all relevant terms, includingsalary, relocation assistance, expected type and duration of employment, and patentobligations. Prospective professional engineering employees should be informed in advance ofany documents requiring signature. Company policy documents should be available to theapplicant upon request while considering an offer of employment.

7. Having accepted an applicant, an employer who finds it necessary to rescind an offer ofemployment will reimburse the applicant for any resulting monetary loss including actualexpenses and severance pay in lieu of lost wages.

II. EMPLOYMENT

Terms of employment will be in accordance with applicable laws and be consistent with generallyaccepted ethical and professional practices. The terms of employment should be presented inwriting and based on mutual respect between employer and employee.

Professional Engineering Employee1. Professional engineering employees should accept only those assignments for which they are

qualified or can reasonably expect to become qualified before engaging in that assignment;should diligently, competently, and honestly complete assignments; and should contributecreative, resourceful ideas to the employer while making a positive contribution toward

establishing a stimulating work atmosphere and maintaining a safe working environment.

2. Professional engineering employees will have due regard for the health, safety, and welfare ofthe public and fellow employees in all work for which they assume responsibility. When thetechnical adequacy of a process or product is unsatisfactory, professional engineeringemployees should withhold approval of the plans and/or engineering work, and should statethe reasons for such action. If a professional engineering employees professional judgment isignored or overruled by a representative of the employer under circumstances where public


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safety health, property or welfare may be endangered, the professional engineering employeewill take such actions as prescribed by law. When the employee acts in this manner there will

be no coercion or reprisals for such actions.

3. Professional engineering employees will sign or seal only plans or specifications they prepared,or personally reviewed and satisfactorily analyzed and approved, or those prepared byemployees under their direct supervision pursuant to state licensure laws.

4. Professional engineering employees are responsible for the effective use of time in theemployers interest and the proper care of the employers facilities. But they are not paid onan hourly basis and do not work to the clock. Records of time worked are kept as required forbilling and planning purposes. Engineering employees are classified as exempt employeesunder the [US] Fair Labor Standards Act.

5. Professional engineering employees will avoid conflicts of interest with their employers orparent company, and will immediately disclose any actual or potential conflicts.

6. Professional engineering employees will cooperate fully with their employers in obtainingpatent protection for inventions to the extent required by any signed patent agreementsnegotiated with the employer.

7. Professional engineering employees will not divulge proprietary or classified information.

8. Professional engineering employees will not accept any payments or gifts of significant value,directly or indirectly, from parties dealing with a client or employer, except as provided in the

employers published code of conduct.

9. Professional engineering employees will act in a manner consistent with legally required codesof ethics and the spirit of integrity embodied in the Engineers Creed. Professional engineeringemployees shall not act in a manner that would harm their reputation or the employersreputation.

Employer1. Employers will keep engineering employees informed of their organizations objectives,

policies, and programs.

2. Duties, levels of responsibility, and the relationship of positions within the organization will bedefined.

3. Employers will restrict use of titles denoting professional engineering status to thoseemployees qualified by virtue of compliance with applicable statutes. [Note: A professionallicence is essential in Canada.]


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4. Compensation will be opened to negotiation periodically. It is suggested that annually wouldbe an appropriate time period between negotiations. A longer or shorter period mutually

acceptable to the engineering employee and the employer could be determined.

5. Employers will encourage continuing dialogue with professional engineering employeesemphasizing the relationship between current activities and potential future activities insupport of organizational goals. This may be accomplished through regular performanceevaluations.

6. A professional engineering employee will be informed when their performance is deemedunsatisfactory by the employer and will be advised of steps required for improvement. Thisinformation will be presented to the employee and kept as written documentation in theemployees file.

7. If the work demanded of professional engineering employees regularly exceeds the normalworking hours for extended periods, the employer will provide compensation according to theemployers written employee handbook, policy or labor relations contracts.

8. Employers may also provide such benefits as pensions, life insurance, health insurance(including coverage of catastrophic illness and long term disability), sick leave, vacations,holidays, and savings or profit sharing plans consistent with their published practices or laborrelations contracts. Employers may provide a pension plan for professional engineeringemployees in accordance with published policy or applicable labor relations contracts.

9. Employers will not require professional engineering employees to accept responsibility for

work not performed or directly supervised by those professional engineering employees.

10. Employers will have established policies for reviewing all items that involve public safety,health, property, and welfare that are brought to their attention by a professional engineeringemployee. Employers should not penalize professional engineering employees for invokingthese policies.

11. Employers will be presumed to have knowledge of local, state, and federal regulationsregarding the professional engineering employees engineering profession.

12. The employer will be presumed to have knowledge of the required code of ethics for theprofessional engineering employees profession.

13. Employers will defend any suits and indemnify claims against present or former individualprofessional engineering employees in connection with his/her activities on behalf of theemployer.

14. There will be no employer policy that requires or forbids a professional engineering employeeto join a labor organization as a condition of continued employment.


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15. Employers will clearly identify proprietary information and will release professionalengineering employees inventions and other information in accordance with signed

agreements, written policy, or as required by law.

16. Employers will not discriminate on the basis of national origin, ethnicity, age, race, religion,political affiliation, gender, or sexual preference, with regard to compensation, job assignment,promotion, or other matters.

17. In the event of transfer, employers will allow adequate time for transferring professionalengineering employees to settle personal matters before moving. Employers will allowadequate time with the family at the old location before the household move transpires. Allnormal moving costs related to transfers will be paid by the employer, including householdmoving expenses, realtor fees, travel expenses to the new location to search for housing, andactual living expenses for the families until permanent housing is found.

III. PROFESSIONAL DEVELOPMENT

Professional engineering employees and their employers BOTH have responsibilities forprofessional developmentthe professional engineering employee to establish goals and take theinitiative to reach them and the employer to provide a supportive environment.

Professional Engineering Employee1. Professional engineering employees will maintain technical competence through educationprograms and by broadening experience.

2. Professional engineering employees may belong to, and participate in, the activities of

appropriate professional societies in order to obtain additional knowledge and experience.Such participation may include preparing professional and technical papers for publication andpresentation.

3. Professional engineering employees may achieve appropriate licensure and/or certificationas soon as they are eligible. Engineers may become licensed Professional Engineers as soon asthey are eligible, and may maintain his/her licenses through compliance with applicable lawsand regulations in the jurisdictions of their practice.

4. Professional engineering employees may participate in public service activities, includingcivic and political activities of both a technical and a non-technical nature.

Employer1. Employers may encourage their professional engineering employees to maintain technical

competence and broaden experience, for example, through appropriate work assignments of arotational nature, and support of continuing education by self improvement, courses in-houseand at institutions of higher learning, and meetings and seminars on appropriate subjects. Theymay also encourage and support professional engineering employees membership,participation, and leadership in professional society activities.


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Appendix D1NSPE GUIDELINES TO PROFESSIONAL EMPLOYMENTPage 10 of11

2. Employers may consider compensated leaves of absence for professional studies that willimprove competence and knowledge.

3. Professional engineering employees will be given every opportunity to publish work promptlyand to present findings at technical society meetings consistent with the employerscontractual obligations.

4. Employers will encourage and assist professional engineering employees to achieveengineering licensure and/or certification in their respective fields.

5. Employers are encouraged to reserve the unqualified title of Engineer for employees whohave attained licensed status. [Note: in Canada, only licensed professional engineers may usethe title of Engineer.]

6. Employers are encouraged to either have an internal engineering code of ethics or openlyendorse a recognized engineering code of ethics. [Note: In Canada, all professional engineersmust, by law, follow the provincial or territorial Associations Code of Ethics.]

IV. TERMINATIONThe professional engineering employee or employer as appropriate should give adequate notice oftermination of employment. Except where the health or well being of the professional engineeringemployee or a family member requires shorter notice, a minimum of two weeks is consideredreasonable notice. Termination may be negotiated between the employer and professionalengineering employee to address mutual needs.

Professional Engineering Employee1. When professional engineering employees decide to terminate employment, they willattempt to provide sufficient notice to enable the employer to maintain a continuity offunction. When termination is initiated by the professional engineering employee, severance

pay will be as provided by company policy or written contractual documents.

2. Upon termination, professional engineering employees will maintain all employerproprietary information as confidential.

Employer1. Employers will inform employees in writing, with the specific reasons for termination.

2. Professional engineering employees will receive notice or equivalent compensation equalto at least one month, plus at least one week salary per year of service. In the event that theemployer elects notice in place of severance compensation, then the employer will allow the

professional engineering employee reasonable time and facilities to seek new employment.Additional notice of termination, or compensation in lieu thereof, may be provided byemployers in consideration of responsibilities and length of service.

3. Employers will make every effort to relocate terminated professional engineeringemployees either within their own organizations or elsewhere. Provision will be made tocontinue major professional engineering employee protection plans for a period of time at


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Appendix D1NSPE GUIDELINES TO PROFESSIONAL EMPLOYMENTPage 11 of11

least equal to the period covered by equivalent compensation and severance pay, and toreinstate them fully in the event of subsequent re-employment.

4. Employers will seek to encourage professional engineering employees to retire solely bymeans of offering a financial incentive.

5. Employers will not penalize professional engineering employees or prevent re-employmentwhile litigation for wrongful discharge is unresolved.

6. Employers will have written policy and/or signed agreements with professionalengineering employees regarding patent protection and related employee compensation.

Reference1. National Society of Professional Engineers (NSPE), Guidelines to Employment for

Professional Engineers, Fourth Edition, 2006, available at (August 21, 2008).Copyright 2008 National Society of Professional Engineers (NSPE), 1420 King Street,Alexandria, VA 22314 / 703-684-2800. Guidelines reproduced with permission of NSPE.

Guidelines to Employment for Professional Engineers, Fourth Edition, 2006, National Society of Professional Engineers(NSPE), (23-Jun-08). Copyright 2008 National Society ofProfessional Engineers (NSPE), 1420 King Street, Alexandria, VA 22314 / 703-684-2800. Guidelines reproduced with

permission of NSPE.

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