Multiple jobs a mirage?

The Saipan Chamber of Commerce expressed doubt yesterday that nonresident workers can actually hold multiple jobs despite the adoption of new labor regulations allowing them to do so.

According to Chamber president Alex Sablan, there was nothing anyone could have done to counter the measure on multiple employment, considering that it was promulgated pursuant to a settlement agreement in the Bonifacio Sagana case. But he noted that alien workers may have a difficult time in actually getting second jobs, with the several restrictions in place.

For instance, the law requires nonresidents to come into the Commonwealth under a specific title and function. This, Sablan pointed out, may prevent workers from securing additional employment under other job categories.

Further, not only workers have to stick to their own job classification, but the new regulations also allow a primary employer to refuse giving consent to a worker seeking secondary employment on the grounds of protection of trade secrets.

“Nonresidents are brought in under specific declared skills and as such may preclude a cashier from taking on a temporary accounting clerk job, or a farmer working in construction, and last example, a reporter working the presses,” Sablan said.

He added that proprietary information and competition issues may also come into play as the nonresident worker needs the consent of his or her primary employer when seeking another job. “I would assume nine out of ten, competition and proprietary information may be cause enough to reject the application of the regulation.”

Still, he conceded that businesses stand to benefit from the multiple jobs policy, as this would allow employers to maximize the pool of alien workers on island.

“If two employers are agreeable and there are no qualified locals available, then—because we live under a moratorium—temporary work from a qualified nonresident may benefit some businesses. Also if hotels or construction jobs have a need to resolve staff shortages, they could provide staff for banquets or specific construction jobs,” he said.

He, however , aired grassroots concern that second jobs for nonresidents may take jobs away from locals.

Further, Sablan also reiterated his group’s objection to the fee increases and new fees introduced in the new regulations.

The new rules raised the annual work permit processing fee from $225 to $250. They also set a $30 fee for every 30-day period or a maximum of $250 annual fee for multiple employment, $75 for a temporary work authorization and $25 to renew a TWA; and $25 for a contract amendment.

“We contend that the fee structure that is set today at $225 generates $7 million, which we believe is more than sufficient to handle the process of labor applications, cards, education and deportation if we enforce all the laws and requirements that are in place to safeguard our government and the taxpayers,” Sablan said.

A “pay-as-you-go” process, he stressed, should be put in place instead.

“Why should someone’s tax dollars and fees go to a hearing process if that individual complies and works within the system. If you need a hearing for a complaint then ‘John Q. Public’ should pay for that hearing and the fee should cover the cost of the hearing officer and administrative fees. Same goes with compliance, investigation, etc.,” he said. “This increase hits the entire community that has anything to do with Labor and Immigration and it shouldn’t be the financial burden of the community just because the government cannot manage our meager resources reasonably.”

Sablan said the Chamber of Commerce will write the Department of Labor a letter raising these issues regarding the newly adopted Alien Labor Rules and Regulations.