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Part-time work for alien workers
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Posted on May 30 2008
[B]Q: Are alien workers still allowed to work part-time under Public Law 15-108 or the new Labor reform law?
A:[/B] An employer may hire a foreign national worker part-time for no more than 32 hours a month. According to the new Alien Labor Rules and Regulations, a notice of part-time hiring on the standard form provided by Labor must be filed before any work by the alien worker begins.
The Regulations state that an employer who has signed an approved employment contract with a foreign national worker may not hire that alien worker for part-time casual work. An employer may not hire an alien worker for part-time casual work for any type of work done by regular employees of the business.
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[B]Q: When can the Labor director deny a notice of part-time hiring?A:[/B] A notice of part-time hiring may be denied by the Labor director if it appears that the part-time employment is being used to circumvent the requirement of full-time work under an approved employment contract, a non-business employer is not financially responsible, or the part-time work is otherwise in violation of Commonwealth law.
The Regulations states that a denial, however, may be appealed to the Labor Administrative Office within 15 days.
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[B]Q: What will happen if a person employs an alien worker for part-time work without notifying Labor?A:[/B] According to the Regulations, any person who employs a foreign national worker for part-time work without first filing a notice with Labor shall be barred from further employment of foreign national workers in any capacity. That person shall be assessed a fee equal to all of the fees applicable to an approved employment contract. An order of debarment and an assessment of fees may be appealed to the Administrative Hearing Office on the standard form provided by Labor.
The Regulations also state that a notice filed with Labor in connection with part-time work is good until the foreign national worker’s status as eligible to remain in the CNMI under an approved employment contract changes.
[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]
