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Proposed changes to Labor rules and regulations
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Posted on May 22 2009
[B]Q: Under the Department of Labor’s proposed amendments to the employment rules and regulations, who will grant an alien worker’s request for extension of time to find a new employer?
A:[/B] Under the Labor’s current rules and regulations, it is the Labor director’s job. But under the Labor’s proposed amendments, extensions of time within which to locate an employer may be granted by the Labor Administrative Hearing Office. The administrative hearing office can do so when the application is submitted within 10 days after expiration of the initial period of time within which to locate an employer and assumption of full responsibility by the alien worker for medical and other expenses.
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[B]Q: Under the Labor’s proposed amendments, what are the limitations on new hires of alien workers?A:[/B] With respect to on-island hires, the proposed amendments stateS that an employer who has laid off citizens, permanent residents, or foreign national workers shall be barred for a period of 90 days from the effective date of termination from hiring any new foreign national workers to work in the job classifications previously held by the laid-off workers.
On off-island hires, the proposed regulations state that an employer who has laid off citizens, permanent residents, or foreign national workers shall be barred for a period of six months following the effective date of termination from hiring alien workers from off-island to work in the job classifications held by laid-off workers.
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[B]Q: What will happen to the controversial periodic exit requirements for alien workers under the proposed amendments?A:[/B] According to Labor, under the proposed changes the requirements of the periodic exit have been suspended until further publication of regulations. Labor says there is a need for the suspension in order to promote recovery from severely adverse economic conditions; to accommodate the uncertainties with respect to implementation of Public Law 11-0229 (federalization law); to minimize costs imposed on businesses; and to allow Labor to function efficiently under a substantially reduced budget.
[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]
