Fate of 3-year limit law known today
The controversial law requiring non-resident workers to leave the CNMI after three years of continuous employment in the islands is up for deliberation today at the Senate even as the hotel industry reiterated its call for an outright repeal of such a statute.
“We really do not see the logic of not repealing it, when our economic situation dictates policy flexibility is needed. The restriction does not really serve a purpose, except for politicians during an election year,” said Hotel Association of the Northern Mariana Islands (HANMI) President Ronald D. Sablan.
He called the law, Public Law 11-69, a “self-serving policy that is not at all in the best interest of the CNMI.”
A similar law limiting alien worker stay to four years was enacted in the eighties to prevent guest workers from acquiring permanent residency status after five years of presence in the NMI. Such a statute was repealed in 1992.
“Why? Because there was no real purpose for it,” said the hotel industry leader.
He said putting a limit now is even more pointless at this time as there exists no possibility alien workers could become residents based on their length of stay.
He said the economic condition of the CNMI should effect the reduction in the size of the alien workforce, not a moratorium or any other anti-business legislation as what is presumed up on Capitol Hill.
“Our position will not change. We want total repeal; neither a suspension of, nor an amendment to the law will do it for an industry that is already bleeding,” said Mr. Sablan.
PL 11-69 obligates nonresident workers to leave and remain outside the Commonwealth for six months after three years of stay, before they are allowed to return for reemployment. Exempted from this rule are those holding professional or executive positions earning an annual salary of $30,000 or more.
The law became effective March 5, 1999, which means workers employed by that time are expected to exit by March of 2002, unless the law is repealed.
This has businesses worried that they would lose some of their most trusted and efficient workers, and must bear the additional cost of hiring and training replacement workers.
According to a HANMI survey, more than 1,200 hotel workers from among HANMI members would be affected by the law when it takes effect next year.
The HANMI president said business has been very slow for a very long time now and yet CNMI leaders have not done anything to help existing businesses.
As to the contention that a repeal would irritate Washington, DC, Mr. Sablan said he doubts whether the length of alien workers’ stay is the issue with the US.
He said that if the government really wants to improve the quantity and quality of the local workforce in the private sector, it should invest funds in a long-term training program that will meet the needs of the private sector, and implement a gradual turnover process, rather than punish guest workers who have helped build the local economy.
“Also, there has to be a greater incentive for secondary education programs that again meet the needs of the private sector. We must stress the understanding that performance, commitment and a workable attitude are the key to advancement, rather than just being local and protected by statutes that are not attuned to today’s competitive environment,” said Mr. Sablan.
