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Request for renewal
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Posted on Apr 17 2009
[B]Q: How many days prior to the termination of an employment contract should an employer submit a request for renewal to the Department of Labor?
A:[/B] A request for renewal should be submitted no earlier than 45 days prior to the termination date of the Labor- approved employment contract. According to the Regulations of Labor’s Reform Law, late fees may be imposed if a renewal request is submitted after the contract termination date. Renewal requests filed more than 60 days after the contract termination date will be denied. A denial, however, may be appealed to Labor’s Administrative Hearing Office.
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[B]Q: What documents are needed to be attached to a request for renewal?A:[/B] The regulations state that a request for renewal should be accompanied by copies of an approved employment contract, an approved health insurance contract, and an approved security contract covering the foreign national worker to be renewed. An employer may submit a new employment contract with new terms as necessary.
A request for renewal should also be accompanied by a certification by the employer and the employee that there are, as of the date of the application, no disputes pending between them, no complaints outstanding, and no grievances unaddressed.
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[B]Q: What will happen to a request for renewal if the employer has outstanding obligations?A:[/B] The regulations state that a renewal may not be granted if the employer has any outstanding payments more than 60 days in arrears with respect to any approved health insurance contract, any approved security contract, or any judgment in a Labor proceeding, except those on appeal.
[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 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 JP Center on Beach Road, Garapan. [/I]
