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Hiring preference for alien workers
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Posted on May 23 2008
[B]Q: Does Labor give hiring preference to alien workers who are currently in the CNMI?
A:[/B] The new Employment Rules and Regulations state that an employer seeking an exemption from the moratorium for a replacement worker shall first contact Labor’s Employment Services so that eligible foreign national workers already in the Commonwealth can be placed.
A foreign national worker who is under a Temporary Work Authorization issued by a Labor hearing officer or an alien worker who transfers to an employer through a Labor administrative order issued by a hearing officer is not a replacement. The Regulations state that the employment of TWA workers and workers holding transfers is not limited by the moratorium.
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[B]Q: When can an employer hire a replacement alien worker?A:[/B] The Regulations state that the replacement worker may be hired only when a guest worker has actually departed the CNMI or the employer has reported to Labor that the employee is missing and cannot be located. A replacement worker may be hired only for a position for the same employer and within the same job classification as the departed worker.
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[B]Q: When can a claim of exemption for replacement may be denied?A:[/B] A claim of exemption for replacement may be rejected if the guest worker being replaced departed the CNMI after filing a complaint and being awarded relief or if the Labor director finds any violation of Commonwealth law in connection with the employment of the foreign national worker being replaced.
Labor says the entry permit is an important control that assists in maintaining the proper status of foreign workers within the CNMI. Failure to return an entry permit or file the required notice for a departing worker is grounds for denial of a replacement.
[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]
