Terminating an alien worker

Q: What are the proper steps in terminating an alien worker for cause?

A: If an alien worker is terminated by an employer for cause before the end of the worker’s contract, the employer shall give written notice to the worker and to the Division at least 10 days prior to the worker’s expected termination date.

According to the Alien Labor Rules and Regulations, the notice shall state the name and Labor and Immigration Identification Documentation System card number of the worker, the reasons for termination, and the expected date of departure from the Commonwealth. A copy of the termination letter and proof of service on the employee of the same must be attached to the notice.

Upon receipt of a written termination notice, the Labor director or his designee shall immediately review the reasons for termination. If the Labor director finds that there is a question as to whether the employer has complied with relevant contractual provisions in terminating the worker or if the terminated worker files a grievance with the Division regarding the termination, the director shall immediately initiate an investigation.

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Q: Does an alien worker need to buy drinking water at the worksite?

A: The employer shall provide an adequate supply of drinking water along with sufficient and sanitary toilet facilities at the worksite.

Every employer shall furnish and ensure the use of such safety devices and safeguards and shall adopt and use such means and practices as are reasonably adequate to render safe the employment and place of employment of all employees.

The employer shall not require the worker to work hours that are excessive so as to be damaging to the worker’s mental and physical health.

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Q: Do nonresident workers have the responsibility to maintain sanitary condition of the outside surrounding of their housing?

Yes. Grounds around the housing shall be maintained in a clean and sanitary condition, free of rubbish, debris, waste paper, garbage, and other refuse. Occupants of the housing are responsible for assisting in this maintenance responsibility to the degree that they generate such refuse.

(Submit questions on labor issues to Saipan Tribune via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan.)