Barracks or live out?

Q: If an alien worker files a complaint before the U.S. Equal Employment Opportunity Commission or the U.S. Labor, what are the requirements needed for that worker to obtain a memorandum from CNMI Labor to seek temporary employment?

A: The worker must present an original letter on official letterhead from the requesting agency that has been stamped “certified true copy.” Labor Secretary Gil M. San Nicolas, in guidelines he issued in December 2004 regarding memoranda to seek temporary employment, stressed that the letter should indicate that the complaint has been made or that the agency requests the issuance of a memorandum on behalf of CNMI Labor.

CNMI Labor will verify the authenticity of the letter presented by the worker by matching it with the original letter or authenticated document submitted directly by the federal or other requesting agency to Labor.

San Nicolas emphasized that CNMI Labor will not honor or accept photocopies, fax copies or any other substitute for an original.

Q: When should an employer file renewal applications for alien workers?

A: Renewal applications are required to be submitted on or before the last day of the existing permit for the workers. The Labor director would deny any applications filed beyond 30 days. But the employer and the workers may appeal the denial to the Labor Administrative Hearing Office. The hearing administrative officer may either deny or affirm the Labor director’s decision to deny the permit renewal application. Most of the time, reversal of Labor director’s decision would result to imposition of sanctions against the employer or the employees for negligence.

Q: If a guest worker prefers to live with a friend, what will happen to his/her housing benefits as provided in the employment contract?

A: Most employers agree to provide housing and food benefits in the employment contract. A worker, however, can rent his or her own housing or live with a friend. If the worker prefers not to live in employer-provided barracks or housing, the employment contract should be amended to state that the worker has chosen to arrange for his or her own housing. The new arrangement about the housing and food benefits between the employer and the worker should be stated in the amended contract.

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