Wage rates, two-year contracts

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Posted on Jan 30 2009
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[B]Q: Should the wages of farmers and domestic helpers be in hourly terms?

A: [/B]The regulations of the Labor Reform Law require that the wages of domestic helpers, household maintenance and yard workers, and farmers shall be stated in hourly terms.

Wages shall be stated in hourly terms unless the alien worker is overtime-exempt, in which case wages shall be stated in bi-weekly terms.

An approved employment contract shall provide that any future increase in the applicable minimum wage prior to the termination of the contract shall apply to work performed under the contract on or after the effective date of the increase.

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[B]Q: Why are some employment contracts for alien workers now for two-year periods?

A:[/B] The Regulations state that the usual approved employment contract provides for a one-year term. An employer and a foreign employee, however, may agree on a two-year term. An alien worker employed under a two-year contract must provide a new health certification within the first month of the second year under the contract.

Employers with special needs or specialty jobs may contract for a shorter period of time than one year.

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[B]Q: An alien worker is not currently employed under a Labor-approved contract and therefore he or she cannot be located at the former employer’s address. Does that worker need to contact Labor?

A:[/B] Yes. According to the Regulations, a foreign national worker who is not currently employed under an approved employment contract must provide a current residence address and telephone contact to the Labor director. The alien worker needs to update his or her address and contact information as necessary so that Labor can locate him or her.

[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]

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