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Workers’ right to work on temporary basis
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Posted on Mar 20 2009
[B]Q: If an alien worker’s labor complaint is still under mediation process and no agreement has come out, can he or she work on a temporary basis?[/B]
[B]
A:[/B] According to the new Labor Rules and Regulations, a Labor Administrative Hearing Officer may authorize a foreign national worker who attends a mediation session at which no agreement is reached to seek employment on a temporary basis pending a hearing in the case.
The Regulations state that an alien worker to whom permission to seek temporary work is granted shall make a good faith effort to find work. The worker is required to appear in person at Labor Enforcement at least once in each calendar month to report on such efforts to find work. Failure to make a good effort to find work will be grounds for denying a request for transfer. Failure to report or false or fraudulent reports will also be grounds to dismiss the pending labor case.
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[B]Q: How long can an alien worker, who is given a Temporary Work Authorization, work while his or her labor complaint is pending?A:[/B] If a foreign national worker who has received permission to seek temporary work finds an employer, Labor shall issue a TWA for up to six months while the case is pending.
According to the regulations, a TWA may be renewed for an equal term. TWA will expire automatically 10 days after the date of a hearing officer’s final order in the case, “or in the event of a timely appeal 10 days after the date of the Labor Secretary’s order, or in the event of a timely appeal to a court 10 days after the date of the court’s final order.”
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[B]
Q: What is the first proper step that an employer should do after hiring an alien worker under a TWA?
A:[/B] The Regulations state that an employer who hires a foreign national worker under a TWA shall file with Labor prior to the commencement of any work by the worker a statement of employment terms on the standard form provided by Labor.
[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 JP Centre on Beach Road, Garapan. [/I]
