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Workers’ contract, wage rates, worksite
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Posted on Jun 13 2008
[B]Q: Can an alien worker get a two-year contract from his or her employer?[/B]
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A: According to the new Alien Labor Rules and Regulations, an employer and employee may agree on a two-year term, provided that a foreign national worker employed under a two-year contract must provide an additional health certification within the first month of the second year under the contract.
The usually approved employment contract for alien workers provides for a one-year term. Employers with special needs or specialty jobs may contract for a shorter period of time than one year.
On the other hand, part-time employment is employment at will and has no set term. However, part-time employment may not continue beyond the foreign national worker’s eligibility under an approved employment contract to remain in the CNMI.
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[B]Q: What are the wage rates for alien workers? [/B]A: The Regulations state that wages should be stated in hourly terms unless the foreign national worker is overtime-exempt, in which case wages should be stated in bi-weekly terms. The wages of domestic helpers and farmers should be stated in hourly terms.
No foreign national worker employed pursuant to the Regulations should be paid less than the minimum wage provided by law. An approved employment contract should provide that any future increase in the applicable minimum wage prior to the termination of the contract should apply to work performed under the contract on or after the effective date of the increase.
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[B]Q: What does the Regulations say about the location of the worksite for alien workers?[/B]A: A foreign national worker may have one or more work sites. However, the Regulations state, a worker may be assigned on only one island. The island where a foreign national worker may be assigned to work must be stated in the approved employment contract or in an approved change to the employment contract.
Assigning a foreign national worker to work in a location not specified in the approved employment contact or in an approved contract change is a ground for denial of a renewal of the contracts of any foreign national workers in that job classification.
[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]
