Non-renewal of contracts

Q: What will happen if an alien worker seeks a new employer after the expiration of his or her employment contract?

A: The worker may cease to work for that employer and seek a new employer without the necessity of exiting the Commonwealth. In such a case, no reimbursement or indemnification is required of the former employer by the new employer.

According to the Alien Labor Rules and Regulations, Labor shall strictly enforce the requirement of 30 days notice by the employer to renew or not to renew the contract of a nonresident worker. If a notice not to renew is timely served upon the employee, the employee shall have 15 days after the end of the contract term to secure new employment.

If the employer fails to serve timely notice not to renew upon the employee, then the employee shall have 45 days after the end of the contract term to secure new employment. The 45 days runs from the date of expiration of the previous contract to the date of submission of a completed application.

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Q: If at the end of the 45-day period the guest worker has not found new employment, does he or she needs to depart the CNMI?

A: Yes. If the worker does not depart, he or she will be subject to deportation as provided by law. The employee must give the employer 30 days notice of intent not to renew the contract. If the employee fails to give 30 days notice the employee has only 15 days following expiration of the contract to secure a new employer.

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Q: What will happen when an application for employment is filed, but deficiencies are discovered in the papers?

A: If deficiencies are noted, Labor shall notify the employer applicant and the employee shall be notified in writing to correct the deficiency. The employer and employee will have 20 days to rectify the deficiencies. Failure to correct the deficiencies within the prescribed period shall result in denial of the application. The application can only be resubmitted or a new application with a different employer processed if the initial 45-day period has not yet run.

Neither the prospective employer nor the employee needs to reimburse the original employer for recruitment or hiring costs.

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