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Reduction of work hours
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Posted on Feb 27 2009
[B]Q: Can an employer reduce the work hours of his or her alien worker without amending the worker’s existing contract?
A:[/B] Any change to an existing approved employment contract should be implemented or performed only with prior agreement of both the employer and the employee. According to the new labor reform law regulations this is provided however, that the hours may not be below 32 per week, and with prior submission on a standard form provided by the Department of Labor.
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[B]Q: Does the Labor director have the authority to deny an amendment to an employment contract?A:[/B] The Regulations state that a contract amendment or change does not require prior approval of but may be denied by the Labor director. A denial by the Labor director may be appealed to the Labor Administrative Hearing Office within 15 days after the date of the denial.
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[B]Q: Does the employer have the right to withhold an alien employee’s entry or work permit?A:[/B] According to the Regulations, no employer may withhold from any alien worker any passport, entry or work permit, approved employment contract, or other document related to the status of the foreign national worker.
A copy of the approved employment contract should be provided to the alien worker by the employer prior to his or her arrival in the CNMI. An entry permit should be provided to the foreign national worker at Labor’s orientation session.
[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 JP Centre on Beach Road, Garapan. [/I]
