This Code of Conduct of the World Bank Group (the “Bank”) establishes minimum standards for Bank staff members employing G5 domestic employees to ensure their fair treatment, consistent with the applicable provisions of U.S. law and the Staff Rules. Compliance with the requirements of this Code of Conduct, which include certain minimum terms of employment, is mandatory and subject to audit. Staff members must certify acceptance of their obligations hereunder upon requesting Bank sponsorship for a G5 visa application, the renewal of a G5 visa or the extension of a Form I-94. Violations of the staff member's obligations hereunder may result in appropriate disciplinary action against the staff member, up to and including dismissal.
I. Compliance With Applicable Law. The staff member is obligated to comply with the provisions of federal, state and local law applicable to the employment of a G5 domestic employee in the United States.
II. Contract of Employment. The staff member must offer a proposed contract of employment, in writing and signed by the staff member, to the prospective G5 domestic employee. The contract shall be in English and, if the G5 domestic employee does not understand English, in a second language that he or she understands. (The English language text will be deemed controlling.) Before the G5 domestic employee arrives in the U.S., begins employment or joins the staff member's household, two original copies of the contract shall be signed by the parties, one for the staff member and one for the G5 domestic employee. A photocopy of the signed English contract (and a copy of the non-English version if applicable) shall be filed with HR Operations. The contract must specifically address the following subjects and, where indicated, provide certain minimum terms of employment. Failure by the staff member to address such subjects, to provide such minimum terms or to comply with the provisions of the contract may be considered a violation of this Code of Conduct.
(1) Parties to Contract. The contract shall state the names, addresses, countries of citizenship and U.S. visa status of the staff member and proposed visa status of the G5 domestic employee.
(2) Description of Duties. The contract shall state the position(s), e.g., housekeeper, handyman, cook, gardener, babysitter, caretaker, or other G5 domestic employee, and describe all of the duties for which the G5 domestic employee is being employed. The contract shall also state that he or she may work only for the staff member while in the United States, and will not accept any other employment, unless the domestic employee's G5 visa is transferred to a different sponsor with the approval of the U.S. Department of State
(3) Hours of Work. The contract shall state that a minimum of 35 hours per week of paid employment will be provided the G5 domestic employee. It shall also state the normal working hours and number of hours per week. It shall also state that hours for which an employee is "on call" must count as work hours. Daily time records must be maintained by the staff member.
(4) Time-Off From Work Including Holidays, Annual Leave and Sick Leave. The contract shall state that the G5 domestic employee will be provided a minimum of at least one full day off each week. The contract shall also state whether the G5 domestic employee will be provided paid holidays, sick days and vacation days and, if so, how many days of each per year.
(5) Minimum wage. The contract shall state that the G5 domestic employee is paid for all hours worked and the hourly wage to be paid. Effective immediately, G-4 employers are responsible for keeping updated on the minimum hourly wage requirement so as to provide the greater of the minimum wage under U.S. federal, state, or local law of the county or city in which they reside. The G-4 employer must update the contract if the applicable minimum wage changes.
(6) Overtime Pay. The contract shall provide that work in excess of 40 hours per week must be paid for at the rate required by state law (the minimum rate of 1.5 times the base hourly wage for all employees working in Maryland and for all live-out employees in any jurisdiction, and the minimum rate of the base hourly wage for live-in employees in the District of Columbia or Virginia). Hours in which the employee is “on call“: count as work hours.
(7) Tax Payments. The staff member must obtain a Social Security card for the G5 domestic employee and pay the employer's share of Social Security taxes and Medicare and any other required taxes or contributions, including federal and state unemployment insurance and Workers Compensation insurance, on all wages actually paid, which shall not be less than the applicable prevailing wage. The contract shall also state that, unless paid by the staff member, the G5 domestic employee must pay applicable federal and state income taxes on all wages and the employee's share of Social Security.
(8) Meals and Lodging. No deductions for meals and lodging or other expenses may be taken by the staff member from the contractual wage. The staff member is prohibited from charging rent to the G5 domestic employee if the G5 domestic employee resides with the staff member or in a property owned or rented by the staff member.
(9) Health insurance coverage for a G5 domestic employee may have tax implications for the G5. Therefore, before you select medical insurance coverage for the domestic employee, ensure that you discuss with your G5 payroll provider the available medical insurance options and how each may impact the G5’s taxes.
(10) G5 Domestic Employee Dependents. As of September 1, 2016, the World Bank does not permit G5 minor dependents under its G5 visa program. The Visa Office will continue processing G5 applications for G5 minor dependents residing with the G5 parent as of September 1, 2016 until the termination of the employment relationship with the current employer, subject to the following additional requirements:
(a) The G5 employment contract shall state whether benefits, e.g., health insurance, meals and lodging, are provided to the G5 dependents and, if so, the cost to the employee, if any.
(b) G4 employer and G5 employee shall sign a G5 Domestic Employee Dependent Protection Certification stating that the dependent G5 children are required to attend school during the school year in compliance with the compulsory schooling laws of their state of residence.
(c) G5s accompanied by minor dependents are required to secure separate housing from the employer by July 1, 2017.
(d) Upon entry into a G5 employment contract with a new G4 employer, the WB will no longer support G5 dependent visa applications and the existing G5 dependents will be expected to either leave the U.S. or adjust to a different non- immigrant visa status.
(11) Transportation To and From the U.S. and Other Costs to Employee. The contract shall state that the G5 domestic employee will be provided with round-trip transportation to and from the U.S., at no cost to the employee, at the beginning of employment and after its termination. Any travel expenses related to any trips where the domestic employee has been asked to accompany the employer’s family shall be borne by the employer. It shall also state whether any other costs will be charged by the staff member to the G5 domestic employee on a regular basis, e.g., for local transportation, and, if so, the amount of such costs.
(12) Termination of Employment and Departure. The contract shall state that either the staff member or the G5 domestic employee may terminate the agreement at any time for cause, e.g., employee misconduct or incompetence or upon giving the other party at least one month’s notice or, instead of such notice by the staff member, the payment of at least one month's wages. The contract shall also state that, if the G5 domestic employee's employment by the staff member is terminated for any reason, the G5 domestic employee will not be legally permitted to remain in the United States and will be required to leave the country promptly. In addition, the contract shall state that the staff member must give notice of the G5 domestic employee's termination of employment to the Bank, which will report this information to the U.S. Department of State.
(13) Other Terms of Employment. The contract shall state other agreed-upon terms of employment, if any, not inconsistent with this Code of Conduct, and that it may not be modified except by written amendment, a copy of which must be promptly filed with HR Operations. The contract shall also state that, if the G5 domestic employee is required to wear a uniform, the staff member will provide the uniform and its cleaning at no expense to the employee. It shall also state that the G5 domestic employee's presence in the staff member's residence will not be required except during working hours and that his or her passport, visa, copy of the contract and other personal property will not be withheld for any reason.
(14) Complaint Procedure. The contract shall state that the G5 domestic employee has the right to make a complaint, or to have a complaint made on his or her behalf, with respect to the G5 domestic employee's fair treatment under this Code of Conduct with the Bank's Office of Professional Ethics, or with the Bank's Human Resources Department, and provide telephone numbers for this purpose. The contract shall also state that the staff member may not interfere with such complaints or retaliate against the G5 domestic employee for any good faith statement or action by or on behalf of the employee in connection with a complaint. This procedure shall not prevent the G5 domestic employee from notifying governmental authorities or taking legal action in connection with any matter affecting his or her employment.
III. Notice of Arrival or Departure. The staff member must give notice to the Bank within five (5) days of the employment or arrival in the United States of the G5 domestic employee, and within five (5) days of his or her termination of employment.
IV. Orientation for Staff Member and G5 Domestic Employee. The staff member and the G5 domestic employee must attend together an orientation program on their mutual rights and responsibilities as soon as possible after the arrival of the G5 domestic employee in the United States or upon notice from the Bank. The G5 domestic employee will attend during his or her working hours or will be paid at the applicable rate for such attendance. The Bank may withhold visa services for a G4 employer in regards to a G5 domestic employee if the G4 employer and G5 employee have not attended an orientation program.
V. Maintenance of Records. The staff member must maintain adequate records regarding the employment of a G5 domestic employee during such period of employment and for not less than three whole calendar years following the termination of the G5 domestic employee's employment and must make them available to the World Bank upon request. These records shall include the following:
(1) a copy of the contract of employment (in English and in any other language if the contract is executed in more than one language) and any amendments;
(2) proof of wage payments, e.g., cancelled checks or electronic fund transfer (EFT) receipts (signed receipts for cash payments are not acceptable);
(3) derivation of deductions taken from gross wages each pay period;
(4) a dated contemporaneous record of the G5 domestic employee's daily hours of work (time sheet) signed and dated by both the G4 employer and G5 employee on at least a weekly basis;
(5) proof of payment of Social Security and Medicare taxes (IRS Schedule H);
(6) proof of payment of any required federal and state unemployment taxes;
(7) proof of payment of worker's compensation insurance premiums;
(8) copies of the domestic employee's G5 visa(s), I-9 or I-94 form(s), and other proof of eligibility for employment as a G5 domestic employee;
(9) copies of any health insurance policy and proof of payment by the staff member for insurance premiums;
(10) information on the G5 domestic employee and any accompanying dependents, including name(s), permanent address(es) and telephone number(s), date(s) of birth;
(11) contract and payment records for any professional tax and/or payroll services used by the staff member in the context of Section VI below; and
(12) any other information relevant to the staff member's compliance with this Code of Conduct.
VI. Audit of Staff Member's Records. The staff member's records regarding a domestic employee are subject to audit periodically or in response to a complaint by or on behalf of a domestic employee. The staff member shall cooperate fully and unconditionally with requests made in connection with such an audit by the Bank. Staff members should use professional services firms or accountants for G5 payroll and/or tax reporting obligations. The staff member agrees to pay a fee of $300 for each G5 in his or her household during any calendar year during which such professional services were not used.
VII. Investigation of Complaints. In connection with a complaint by or on behalf of a G5 domestic employee, or by a governmental authority, concerning the staff member's compliance with applicable law and this Code of Conduct, the Bank may investigate the circumstances surrounding the complaint, request relevant records or other information from the staff member and make such inquiries as may be reasonably necessary and consistent with the organization's procedures in such matters.
VIII. Fair Treatment. The staff member shall make a good faith effort to treat the G5 domestic employee fairly and reasonably. In no event shall the staff member abuse the privilege of employing a G5 domestic employee or engage in any conduct toward the G5 domestic employee that would reflect adversely on the Bank. Nor shall the staff member, in connection with an audit or investigation of a complaint, retaliate against the G5 domestic employee for any good faith statement or action by or on behalf of the employee. Violations of this provision, or of any other provision of this Code of Conduct, may result in loss of the privilege of employing a G5 domestic employee and other appropriate disciplinary action against the staff member, up to and including dismissal.
IX. Code of Conduct and G5 Employment Contract. The Code of Conduct may be revised and amended from time to time. Staff should be aware that they are required to comply with the Code of Conduct at all times (including the payment of minimum or prevailing wages to G5 employees as such wages are adjusted from time to time by U.S. authorities), and that the rights and obligations of the G4 employer and the G5 employee must be consistent with the Code of Conduct, regardless of any provision in the staff member's employment contract with his or her G5 employee to the contrary. In the event that a staff member fails to adhere to the Code of Conduct, such failure may be grounds for disciplinary action, up to and including termination of employment.