Previous Story
Terminated alien worker’s right to challenge
|
Posted on Jan 09 2009
[B]Q: Does an alien worker have the right to contest with the Department of Labor his or her termination for cause?
A: [/B]Yes. According to the CNMI Labor’s Employment Rules and Regulations, a foreign national worker may file a complaint with Labor’s Administrative Hearing Office contesting a termination for cause. The Labor Director may investigate a termination to determine if the termination was in compliance with CNMI law and these regulations.
During the term of the contract, an employer or employee may terminate an approved employment contract for cause as defined in the contract. The Regulations state that an employer shall give written notice to the alien worker and to Labor on a standard form provided by Labor at least 10 days prior to the termination date.
***
[B]Q: Can an employer and a foreign national worker terminate upon agreement their approved employment contract?A:[/B] The Regulations state that an employer and employee may terminate an approved employment contract by consent during the term of the contract. The consent of the employee shall be evidenced by an appropriate writing filed with Labor at least 10 days prior to the termination date.
An approved employment is terminated automatically on the date of expiration of the term of the contract.
***
[B]Q: When an employer terminates an alien worker, when does that employer’s responsibility for medical expenses and repatriation end?A:[/B] Under any termination of an approved employment contract, the Regulations state that the employer remains the last employer of record (responsible for medical expenses and repatriation) until that alien worker transfers to another employer, is repatriated, or in the case of medical expenses, a period of 96 days expires.
[I][B]Disclaimer[/B]: 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]
