5 replies to this topic

[Marshenko]

This should be fun

 

According to the SQF Code:

 

2.1.2.5 The SQF practitioner shall:
i. Be employed by the supplier as a company employee on a full-time basis;
ii. Hold a position of responsibility in relation to the management of the supplier’s SQF System;
iii. Have completed a HACCP training course;
iv. Be competent to implement and maintain HACCP basedfood safety plans and food quality plans; and
v. Have an understanding of the SQF Code Level 2 and the requirements to implement and maintain SQF System relevant to the supplier scope of certification

 

Now, according to United States Law:

 

The Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer.

 

 

So, if company policy were to dictate that certain employees are considered full-time for "X" amount of on-site hours, with the duration of their work hours be offsite, would an auditor be able to challenge that assessment under the code?

[esquef]

Interesting observation. It is fuzzy to be sure. FLSA does't define full time, but U.S. Health and Human Services do state that it's 30 hours. Which agency is the "go to" authority to define full time? For what it's worth here's a list of some countries definition of full time workweeks from Wikipedia:

 

Full-time workweeks:

• Australia: around 35–40 hours^[1]
• Belgium: 38 hours
• Brazil: 40~44 hours
• Chile: 45 hours
• Denmark: 37 hours
• France: 35 hours (government-mandated)^[2]
• Germany: 35–40 hours
• Iceland: 40 hours
• Israel: 43 hours
• Poland: 40 hours
• United Kingdom: 35 hours (not formally defined)^[3]
• United States: 30 hours or more, according to the definitions in the Affordable Care Act. "The Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer." http://www.dol.gov/d...s/full-time.htm </ref>

[Marshenko]

I would also note that the state in question (yes I'm asking for a purpose lol) does not define full or part time employment...

 

Also, the Affordable Care Act definition listed is only linked to an IRS "guidance document" for large employers (those with 50 employees or more), which is not applicable here.

[Tony-C]

This should be fun

 

So, if company policy were to dictate that certain employees are considered full-time for "X" amount of on-site hours, with the duration of their work hours be offsite, would an auditor be able to challenge that assessment under the code?

 

So if your company defines full time, the SQF Practitioner has a 'full time' contract and the definition of full time is reasonable I don't why they would challenge.

 

Oh I guess you are going to say what is reasonable...........

 

Regards,

 

Tony

[Marshenko]

I'm just trying to get two paychecks here, and it seemed like an interesting loophole, not gonna lie

[Mr. Incognito]

What the requirement is saying is that it has to be a regular company employee.  It cannot be someone contracted to do the job.  When I was at the Practitioner class they also said it HAD to be someone that was onsite that you couldn't have one person oversee 3 plants anymore.  That might be a little bit of interpretation but they know SQF better than I do.

 

Have a good day.