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Group calls for support to labor-transfer law
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Posted on Feb 12 1999
Members of the Society for Human Resource Management in the CNMI yesterday asked the Department of Labor and Immigration to support the implementation of Public Law 11-51 with regulations.
Although the intention of this law is to offer flexibility by allowing the transfer of non-resident workers within their work category, employers will need the consent of their employees to perform tasks outside of their contracts.
The Director of Labor Division Gil San Nicholas made it clear to members that the transfer is not mandatory and should be based on mutual agreement between the employer and the employee.
In addition, the law made it clear that transfers are possible only within the scope of the employer’s business and in the same job category.
The non-resident worker’s act listed nine major professional categories. The list includes professional, service, technical, managerial, agriculture and miscellaneous occupation.
It is not possible to transfer an accountant to take the waitress post since the former is under the professional category and the latter is service.
Members expressed concern over the mutual consent provision saying it hinders flexibility which the law offers to employers. Even if contracts stated that a worker is expected to perform other tasks outside of assigned job, his refusal to transfer is not a ground for dismissal.
“The statute takes over the contract,” he said.
However, he assured members that he will pursue their proposal to inplace regulations with DOLI Secretary Mark Zachares.
San Nicholas said P.L. 11-51 was enacted in December and is yet to be tested. His department will still have to receive the first complaints concerning this law.
