Previous Story
On clipping DOLI’s power
|
Posted on Oct 20 2000
The Issue: Proposed legislation transferring the hearing of labor cases to local court.
Our View: It’s about time that we give unto to Caesar what’s Caesar’s on labor litigation.
The CNMI’s labor laws are basically those of the old Trust Territory Government conveniently transferred during the transition from old to new constitutional government in 1977.
We regret that this set of laws were based on an old system where discrimination was allowed, therefore, the subsequent mountain of labor cases when the CNMI became a part of the US of A.
We held on to this notion ever comfortable that the spirit of the law would carry us through the new government. Unfortunately, we also failed to realize that a new set of legal system came into the picture. It granted guest workers as much right as citizens once they step on US soil. It was and still is a difficult pastime or experience to overcome.
Through the years, we have seen this set of laws amended on a piece meal basis. Many of these changes hardly took into full view the shift from the old to the new set of circumstances. Thus, the continuing problems with employers who held on to the notion that they can dictate the treatment or fate of employees. It’s time to dismiss this notion permanently.
The process includes a hearing with the appropriate division of the Department of Labor and Immigration. If the complainant isn’t satisfied with the decision of the hearing office, there’s the next step–judicial review–if he or she litigates it. It’s a long process in cases that often require immediate decisions. There were instances where labor cases took more than a year to resolve leaving both sides to wait that long a time.
With the proposed transfer of labor cases to the judiciary, the process would be hastened that would benefit both employer and employee. No longer must either side endure a lengthy process in the disposition of alleged wrongs committed against employees. What eventually comes out of the court is final. This should have been done years ago. It’s a good piece of legislation that should assist both sides of labor complaints–employee and employer. Si Yuus Maase`!
