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Transferring to a new employer
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Posted on Aug 01 2008
[B]Q: How can an alien worker transfer to a new employer?[/B]
[B]Q: What will happen if a guest worker’s application to transfer to a new employer has correctable deficiencies?[/B]
A: A transfer to a new employer may be made only by an administrative order issued by a Labor hearing officer. According to the new Alien Labor Rules and Regulations, an alien worker, however, may not transfer to an employer who is included in Labor’s Barred List.
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A: An application from an approved employment contract in the case of a transfer must be submitted within the time allowed by Labor’s administrative order. The Regulations state that if an application for an approved employment contract is filed and has correctable deficiencies, an automatic extension of 10 days from the end of the time allowed by administrative order is afforded to file a proper application.
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[B]Q: Who is responsible for checking with Labor that no deficiencies are found in the transfer application?[/B]A: The employer and the guest worker are responsible for staying in contact with Labor and ensuring that no deficiencies remain at the end of the automatic extension. The Regulations provide that no further extensions will be granted and the transfer will be automatically denied if deficiencies remain.
Denial of a transfer, however, may be appealed to the Labor administrative hearing office within 15 days after the date of the denial.
If a transfer is completed, the new employer will assume all legal responsibilities for the transferred worker. The responsibilities include the costs of repatriation as of the date of approval of the employment contract.
[I]Disclaimer: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to SaipanTribune 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. [/I]
