APPENDIX 7 (LOCAL NATIONAL LABOR) TO ANNEX S (PERSONNEL) TO XVIII AIRBORNE CORPS FIELD SOP

1.

References. a. b. c. d. e. FM 14-7, Finance Operations. FM 41-5, Joint Manual for Civil Affairs. FM 41-10, Civil Affairs Operations. FM 100-10, Combat Services Support. FM 101-5, Staff Organization and Operations.

f. DA Pam 690-80, Use and Administration of Local Civilians in Foreign Areas During Hostilities. g. DOD Dir No 1400.6, Statement of Personnel Policy for Civilian Personnel of the Department of Defense in Overseas Areas. h. FT Bragg Reg 37-2, Class A Agent and Ordering Officer Procedures. 2. Purpose. This appendix provides guidance and describes the utilization and administration of local national civilian personnel and local national resources to meet labor requirements of US Forces. 3. General.

a. The guidance herein is not applicable to employees of contractors serving US Forces. b. The following paragraphs provide guidance for the procurement, administration, employment policies, wages and payment, fund accounting, and other miscellaneous matters pertaining to the hire and administration of local civilians and use of other local national resources by US Forces during conditions of hostilities in overseas areas. c. The extent to which civilian personnel may be utilized in a contingency operation will vary depending upon the status of the various categories of civilian employees under international law, the status and mission of US Forces in the country, provisions of agreements (SJA) between the United States and the host country; and conditions in the country.

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Maximum use of local national civilians and refugees should be considered to conserve US military resources. During a contingency operation only minimal use, if any, would be made of US civilian employees. US citizens may, however, volunteer for employment in foreign areas during hostilities or other emergencies. In the interest of good management and economy, personnel transferred from or recruited in the US will in general, be limited to key personnel, those regarded as essential for security reasons, or those possessing required skills which are not available locally. d. In a friendly country where local national personnel were being utilized by US Forces prior to the outbreak of hostilities, previously prevailing conditions of employment will be maintained, if practicable. e. MAJOR SUPPORT COMMAND (MSC)s will establish a local civilian labor program. Divisions, separate brigades, COSCOM, and other subordinate nondivisional units will implement individual local civilian labor programs as required. When shortages of local civilian labor exist, this headquarters will determine priorities for the distribution and allocation of scarce labor services by contract versus the direct hire/daily wage method. Initially, it is expected that all labor and use of other local resources will be by the direct hire method. After stabilization of the tactical situation, most services would be handled through contracting procedures. In this case, overall responsibility for management of local national resources would revert to the ACofS, G4. 4. Responsibilities.

a. ACofS, Gl. Has the overall staff responsibility for the employment of civilian personnel to insure that the orderly, effective utilization and administration of local civilian manpower is maintained. Responsibilities include: (1) Personnel management of local national civilian employees. (a) Assessing availability of all skills and categories of civilian labor.

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(b) Establishing conditions of employment, pay scales, fringe benefits, and employment agreements to include setting priorities for retention and termination of employment. (c) Advising the commander on supervisor-employee relations, disciplinary actions, grievances, and working conditions. (d) Obtaining civilian pay scales from higher headquarters and/or local authorities or, in those cases where a standard scale does not exist, establishing appropriate wage rates in coordination with ACofS, G5, and the 18th FG. (2) In conjunction with G4, planning for military assistance to the civilian populace on graves registration matters, use of civilian labor in US graves registration activities, and the availability of land for cemeteries. (3) Informing subordinate units of approved requests for local civilian personnel and at the same time, announcing pay rates, providing other administrative information and support, as required. (4) Determining priorities for the distribution and allocation of labor resources based on guidance received from the commander and in coordination with ACofS, G3. b. ACofS, G2. Responsible for establishing policies and procedures, in coordination with local national law enforcement and security agencies, necessary to implement a system of local civilian employee identification adequate to satisfy local security requirements. c. ACofS, G3. In conjunction with other staff agencies determine priorities for allocation of resources. d. ACofS, G4. Responsible for establishing policy and procedures for procurement of Combat Service Support (CSS) resources used on a contract basis. e. ACofS, G5. Assists in administering the civilian personnel program by coordinating with local government officials, labor leaders, businessmen, clergy, and other key civilian officials for identification of and making

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arrangements for acquisition and retention of civilian personnel and other resources. On most cases, will be augmented by Reserve Component Civil Affairs personnel to assist in accomplishing above tasks. f. Corps Provost Marshal. When authorized, hires civilian personnel for police operations or for training and supervising local national paramilitary or civil police. g. Corps Staff Judge Advocate. Reviews all contracts in coordination with ACofS, G4 pertaining to procurement and use of local civilian resources. Reviews all use of local civilian resources for compliance with the law of war. h. Corps Surgeon. Provide recommendations on military assistance for evaluation and hospitalization of employed civilians. i. 18th Finance Group. Assists in determining the proper wage scale

(1) to be paid.

(2) Assists in managing the civilian labor program by obtaining necessary financial resources to fund the program. (3) (4) payrolls. Establishes civilian labor pay procedures. Provides currency to meet local national

(5) Oversees payment of local national laborers through the use of Disbursing agents. (6) labor. j. Corps Servicing Civil Affairs Unit. Provide a civil affairs team to each separate brigade and Corps ACofS, G5 to assist the commander and primary staff in the management of local national civilians and resources, as required. k. Major Subordinate Commands. Have overall responsibility for employment of local national personnel within their command. Commanders determine the best method Accounts for money spent on local national

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of employment of local civilians. on: (1) (2) (3) Existing agreements.

Determinations are based

Capabilities of the local government. Appropriateness of local employment practices.

(4) Commanders down to brigade, group, or separate battalion level may be authorized to procure and administer funds for local civilian labor after this headquarters issues the authority and implementing guidance. (5) Commanders of all units authorized to employ civilian personnel will appoint officers/NCO's to administer this program to include payment of local nationals. They will submit a Civilian Hire Request/Request for use of Indigenous Resources; needs of the forces and circumstances in the area. Submitted IAW, TAB A. l. Unit Labor Officers. Unit labor officers designated by subordinate commanders should: (1) Confer with unit commanders to determine numbers and types of personnel to be procured. (2) Orient and supervise managers/supervisors of civilian employees to include: (a) Methods of reporting worker's attendance for payroll purposes. (b) Methods by which requests will be made to employ or separate personnel. (c) Other information necessary or pertinent, such as logistic support or emergency medical treatment. (3) Determine from local conditions whether or not recommended wage rates are realistic and if not, initiate requests for revision through channels to ACofS, G1. In all cases, wage rates established by this headquarters will be strictly adhered to until revised.

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(4) Prepare and submit payrolls and arrange for payment of wages. (5) Delegate the authority to recruit workers and arrange for their employment and payment. Establishment of effective liaison with local government officials should result in a means of getting the units needs published and partially filled. However, it is likely that the efforts of these local officials will need to be supplemented. In some cases, the absence of any significant govt. body in the immediate area may require the unit officer to rely solely on his own resources for securing employees. Assistance may be secured from local influential citizens and businessmen. It may be necessary to launch a house-to-house campaign to recruit workers. However, it must be emphasized that employment of local nationals is strictly voluntary on their part. Civilians cannot be forced to work for US or allied forces. 5. General Guidance. be employed in (but service, sanitation, construction, and graves

a. Generally, local nationals may are not limited to) such areas as food transportation, electrical work, light automotive maintenance, clerical work, registration.

b. Until stable conditions permit establishment of hourly wages, all local labor will be paid the daily wage established for work accomplished. The following general categories will apply for all labor personnel paid on the daily basis: (1) Professional (doctors, nurses, professors, lawyers, etc.). (2) etc.). (3) etc.). (4) Unskilled labor (day laborer, light vehicle driver, garbage handler, etc.). c. Each unit employing civilian personnel will appoint a local civilian Labor Control Officer and Payment Semiskilled (carpenter, plumber, typists, Skilled (linguists, interpreters, foremen,

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Witnessing Officer/NCO. Appointment instructions will be provided this headquarters, ACofS, G1, ATTN: AFZA-GA-O and to the unit's servicing Finance Battalion. Sample format is illustrated at TAB B, this appendix. MSCs must have this on record prior to drawing funds. 6. Specific Guidance. Refer to Appendix 8

a. Procedures for Drawing Funds. (Finance Support). b.

Payment of Local Civilian Employees.

(1) Local civilian employees will receive cash payment of wages as frequent as conditions permit, but not greater than bi-weekly, in local currency. The signature of local civilian employees on the FB 1410-R will serve as receipt of payment. (2) Appropriate financial controls will be developed by the 18th Finance Group including the use of disinterested third party witnesses (officer/NCO) to insure proper accountability and safe handling of government funds. (3) As soon as possible, and to the extent practicable, local national government agencies should be made the official employers, and should pay hired labor for Army forces. The US reimburses the government concerned. This procedure preserves local government controls and facilitates administration of labor laws, collection of taxes, family allowances, and contributions for social security. c. Records.

(1) FB 1410-R will be annotated by the Local Civilian Labor Control Officer to show time worked, rate of pay, deductions authorized, and amount paid. This form will be the source of information required for periodic labor administration reports. Details on the distribution of computed FB 1410-Rs is provided in Appendix 8. (2) For on-the-job injuries/death a written report will be submitted to the Corps G-1 outlining the circumstances and details of the accident. Reports will include as a minimum employee's name, DOB, ID number, occupation and place of work, wage rate, date of

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injury/death, place where injury/death occurred, circumstances causing injury/death, medical support rendered, and certificate of the reporting officer concerning the duty status of the employee at time of injury/death. d. Employment Conditions.

(1) Employees will be informed that employment is of an emergency, temporary nature and may be terminated at any time without notice. Common sense with consideration of local conditions should be considered when establishing work hours. (2) Generally, no overtime will be authorized or paid. No annual or sick leave will be granted and no pay deduction for taxes or social insurance will be made. No food, clothing, or shelter will be provided as a condition of payment for employment, as a general rule. In some situations, provision of these necessities may be required. If clothing, meals, or lodging is furnished on a onetime or recurring basis, an appropriate deduction of wages may be made IAW instructions received from the Corps Finance Liaison Officer. The commander exercising area responsibility may authorize additional support (i.e., protective mask and Class X clothing) for both static and mobile labor. (3) Local national employees receive additional pay based on the category they are placed in and not a position. An example is skilled vs. unskilled workers. (4) Transportation of civilian employees to and from work sites may be permitted. (5) All civilian employees will be required to have at all times in their possession a valid identification card IAW instructions received from the ACofS, G2. (6) Units will provide emergency medical treatment and transportation to an appropriate civilian medical facility, if available, to civilian employees who are injured on the job. If adequate local facilities are not available, care is authorized on a space-available basis in US medical facilities. Protracted medical care and treatment of civilian personnel in US facilities will be

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permitted only under exceptional circumstances. The Corps Surgeon will provide necessary guidance in this area. (7) All serious incidents involving civilian employees, such as commission of crimes, conflicts between employees and US military personnel, or other incidents which may strain relationships between US Forces and the host country will be promptly reported to this headquarters for guidance and necessary action. (8) Appropriate instructions will be provided to MSCs in the event the host country has established labor unions. (9) When conditions permit, administration of civilian personnel may be transferred to civilian personnel offices (CPO) deployed under an area headquarters operating in conjunction with civil affairs units in the area. e. Limitations on Use of Civilian Personnel.

(1) The Hague Convention No IV, Respecting the Laws and Customs of War on Land, of October 18, 1807; the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, dated 12 August 1848; and other international agreements place restrictions on the services which may be demanded from the inhabitants of a country in which US Forces are operating. Demeaning or inhumane treatment is absolutely prohibited. (2) Under no circumstances will civilian employees be employed in an area where active fighting is occurring or anticipated. If enemy action is initiated after work begins, appropriate procedures will be developed to safeguard civilian employees and evacuate them out of the area. A civilian may be employed in only noncombatant skills and functions. (3) For additional information regarding limitations on the use of civilian personnel, see DA Pam 680-80. 7. Reports. Civilian Personnel Operating Report, due every two weeks; beginning the first Monday after the first two week period, due on Tuesday, ANNEX T (Reports).

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Tabs: A - Civilian Hire Request/Request for Use of Indigenous Resources B - Duty Appointment Format, Labor Control/Pay Witness Officer

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