Waiver of Recruitment

Waiving recruitment for a career position is unusual, and the circumstances for considering such a waiver vary. Submit written requests electronically to People & Culture's attention through through ServiceHub. Requests are reviewed on a case-by-case basis.

NOTE:  Recruitment for career positions covered by a collective bargaining agreement is controlled by that agreement and may not be waived.

Please make sure to:

• Download, complete, and return the CAREER WAIVER form (PDF file) through ServiceHub

• Explain your reason for requesting a waiver of career recruitment.

• Include a copy of the candidate's resume and job description with your request.

• If needed, request that a compensation analyst classify the position. Make sure the classification request has the proper signatures from your department and approval from Compensation. This paperwork can be sent or faxed under separate cover.

• Criteria for Waiver of Recruitment Requests. A waiver of recruitment must be based on business necessity and requires documenting the reasons that listing the vacant position would cause the department undue hardship in meeting its goals, such as disruption of critical services or research activity. Factors should include any specific constraints that would adversely affect the successful completion of a project if recruitment were conducted. Waiver requests should address applicable issues that support the need to waive recruitment, such as:

• • A specific applicant possesses a unique skill, knowledge, and/or ability. Documentation should identify a specialized skill necessary to perform the duties of the position and its role in achieving project or program goals.

• • Program funding transfer. Proposed hire of a Principal Investigator (PI) is bringing project funding to the Berkeley campus along with the filled position.

• • Off-campus work site. Location of the job makes recruiting difficult. For example, if the job site were in southern or central California, it would be difficult to recruit for the position in the Bay Area.

• • Specific skills are scarce in the labor market. Factors can include previous efforts, such as the number of positions previously opened for recruitment for which recruitment difficulty existed, including the specific skill, knowledge, and ability required; when and how long the search was conducted; and results of the recruitment.

• • Extreme time and/or funding constraints on project completion.

• • Transfer or re-employment of an employee because of rehabilitation or medical separation.

Contract positions are those PPSM titles that are approved by your Compensation Consultant. The contract must have an end date to be valid. Waivers of recruitment for Contract hires are administered on a case-by-case basis by People & Culture. To request a recruitment waiver, please follow the same process as you would for career waivers [see information above] and submit the request electronically to the attention of People & Culture through ServiceHub

Please make sure to:

• Download, complete, and return the CONTRACT WAIVER form (PDF file) through ServiceHub

• Include a copy of the candidate's resume and job description with your request.

• Include a copy of the job description

• Reason for the request

Limited positions are those established at 50% to 100% time for less than one year or indefinite positions at less than 50% time. Departments may grant limited waivers for appointments up to 900 hours in a rolling 12-month period without People & Culture's approval. No extensions of limited waivers will be granted. Set up systems and procedures appropriate for your department to grant and process limited waivers. Some points to remember include:

• Before granting a limited waiver, determine why the position is not being listed for regular recruitment.
• Request for waiver of recruitment must be based on business necessity and include documentation of reasons listing the vacant position would cause the department undue hardship in meeting its goals, such as disruption of critical services or research activity.
• Issues to support recruitment waiver can be identified in Criteria for Waiver of Recruitment Requests [information included above].

Documentation:

• A memorandum that addresses the need for a limited waiver based on the criteria outlined in this chapter.

• A classified Job Description describing the essential duties, responsibilities, and qualifications of the position.
• Application or resume of the prospective candidate.
• Recommended salary offer (normally at the minimum of the salary range/grade).

Approval:

• People & Culture approves or denies the limited waiver request for an appointment longer than 900 hours.

Waiving recruitment for a career position is unusual, and the circumstances for considering such a waiver vary. Submit written requests electronically to Director of Talent Acquisition Alex Gomez at agomez@berkeley.edu. Approvals could take up to 5 business days. Requests are evaluated on a case-by-case basis.NOTE:  Recruitment for career positions covered by a collective bargaining agreement is controlled by that agreement and may not be waived.

Please make sure to:

• Download, complete, and return the CAREER WAIVER form (DOCX file) by email to Director of Talent Acquisition Alex Gomez at agomez@berkeley.edu

• Explain your reason for requesting a waiver of career recruitment.
• Include a copy of the candidate's resume and job description with your request.
• If needed, request that a compensation analyst classify the position. Make sure the classification request has the proper signatures from your department and approval from Compensation. This paperwork can be sent under separate cover.
• Criteria for Waiver of Recruitment Requests. A waiver of recruitment must be based on business necessity and requires documenting the reasons that listing the vacant position would cause the department undue hardship in meeting its goals, such as disruption of critical services or research activity. Factors should include any specific constraints that would adversely affect the successful completion of a project if recruitment were conducted. Waiver requests should address applicable issues that support the need to waive recruitment, such as:
  • A specific applicant possesses a unique skill, knowledge, and/or ability. Documentation should identify a specialized skill necessary to perform the duties of the position and its role in achieving project or program goals.
  • Program funding transfer. Proposed hire of a Principal Investigator (PI) is bringing project funding to the Berkeley campus along with the filled position.
  • Off-campus work site. Location of the job makes recruiting difficult. For example, if the job site were in southern or central California, it would be difficult to recruit for the position in the Bay Area.
  • Specific skills are scarce in the labor market. Factors can include previous efforts such as the number of positions previously opened for recruitment for which recruitment difficulty existed, including the specific skill, knowledge, and ability required; when and how long the search was conducted; and results of the recruitment.
  • Extreme time and/or funding constraints on project completion.
  • Transfer or re-employment of an employee because of rehabilitation or medical separation.

Contract positions are those PPSM titles approved by your Compensation Consultant. The contract must have an end date to be valid. Waivers of recruitment for Contract hires are administered on a case-by-case basis by People & Culture. To request a recruitment waiver, please follow the same process as you would for career waivers [see information above] and submit the request by email to Director of Talent Acquisition Alex Gomez at agomez@berkeley.edu

Please make sure to:

• Download, complete, and return the CAREER WAIVER form (DOCX file) by email to Director of Talent Acquisition Alex Gomez at agomez@berkeley.edu

• Include a copy of the candidate's resume and job description with your request.
• Include a copy of the job description
• Reason for the request

Limited positions are those established at 50% to 100% time for less than one year or indefinite positions at less than 50% time. Departments may grant limited waivers for appointments up to 900 hours in a rolling 12-month period without People & Culture's approval. No extensions of limited waivers will be granted. Set up systems and procedures appropriate for your department to grant and process limited waivers. Some points to remember include:

• Before granting a limited waiver, determine why the position is not being listed for regular recruitment.

• Request for waiver of recruitment must be based on business necessity and include documentation of reasons listing the vacant position would cause the department undue hardship in meeting its goals, such as disruption of critical services or research activity.
• Issues to support recruitment waiver can be identified in Criteria for Waiver of Recruitment Requests [information included above]

Documentation:

• A memorandum that addresses the need for a limited waiver, based on the criteria outlined in this chapter.

• A Job Description card describing the essential duties and responsibilities of the position.
• A document specifying the qualifications required to perform the duties of the position.
• Application or resume of the prospective candidate.
• Recommended salary offer (normally at the minimum of the salary range/grade).

Approval:

• People & Culture approves or denies the limited waiver request for any appointment longer than 900 hours.