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Limitations on new hires
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Posted on May 16 2008
[B]Q: When can an employer who has laid off alien workers hire again new foreign national workers?
A:[/B] An employer who has laid off guest workers shall be barred for a period of 90 days from the effective date of termination from hiring any new foreign national workers who are already in the CNMI to work in the job classifications held by laid-off workers.
With respect to off-island hires, according to the new Labor Employment Rules and Regulations an employer who has laid off foreign national workers shall be barred for a period of six months following the effective date of termination from hiring alien workers from off-island to work in the job classifications held by laid-off workers.
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[B]Q: Can an alien worker transfer to a new employer in the event of reduction in work force?A:[/B] In case of a reduction in work force due to economic necessity, the Regulations state that other remedies are ordinarily not sufficient to provide the alien workers with the benefit of the bargain made when entering an approved employment contract and a transfer may be granted. Pursuant to the Regulations, the Administrative Hearing Office shall convene a hearing within 15 days of notice to workers with respect to a reduction in force to determine worker status.
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[B]Q: Until what period can a laid-off alien worker stay in the employer-provided housing?A:[/B] According to the Regulations, the employer must allow laid-off guest workers housed in employer-provided housing at the time of the reduction in force to remain in that housing for a period of 30 days following the effective date of termination upon the same terms stated in each affected workers’ employment contract.
The employer is not responsible for providing food for laid-off workers.
[I]Disclaimer: Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to Saipan Tribune 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 Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]
