Reduction in work hours

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Posted on Dec 01 2006
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[B]Q: Can an employer reduce the hours to be worked by his or her nonresident worker without Labor’s permission?

A:[/B] No. An employer or employee may request a reduction or increase of hours to be worked by an alien worker by making a written request to the Labor director. According to the CNMI Alien Labor Rules and Regulations, the Labor director should review such request and inform the parties of his or her decision. The director may grant the request for good cause after consultation with the employer and affected employee or employees.

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[B]Q: What kind of information is needed in the employer’s or employee’s request for a reduction in hours?

A:[/B] The written request should indicate the hours presently worked, the proposed number of hours to be worked, the name and Labor and Immigration Identification System (LIIDS) number of all affected employees, the reason for the reduction/increase, and the duration of the reduction/increase.

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[B]Q: What are the other requirements in submitting such request for reduction in hours?

A:[/B] The request should include the contract amendment signed by both parties (employer and employee) that reflects the proposed change. Another requirement is proof that the employee has been informed that he or she has the right not to sign the contract amendment and to continue to work under the terms of his or her present contract and that he or she knowingly and willingly waived those rights, subject to Labor’s approval, prior to signing the amendment.

Submit questions on labor issues to [I]Saipan Tribune[/I] via e-mail at editor@saipantribune.com, or by calling 235-6397, 235-2440, or 235-8747 and leaving a message at Ext. 133 or 135. You may also submit questions in person by writing it down and dropping it off at the [I]Saipan Tribune[/I]’s office on the second floor of the CIC Centre on Beach Road, Garapan.

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