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Time limit to file a complaint
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Posted on Apr 10 2009
[B]Q: What is the time limit for an alien worker to file a complaint before the Department of Labor?
A: [/B]No Labor complaint may be filed more than six months after the date of the last-occurring event that is the subject of the complaint. The Labor Rules and Regulations, however, states that exceptions are in cases where the actionable conduct was not discoverable upon the last-occurring event.
In such instance, the regulations state that no complaint may be filed more than six months after the date a complainant of reasonable diligence could have discovered the actionable conduct.
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[B]Q: What are the factors that causes Labor to reject an employer’s application to hire an alien worker?A: [/B]According to the Regulations, the term “just cause” for rejecting an application for employment includes all of the lawful criteria that an employer normally applies in making hiring decisions such as rejecting persons with criminal records for positions of trust, and rejecting persons without an educational degree necessary for the position.
The other criteria include rejecting persons with no favorable recommendation from prior employment, rejecting persons with an employment history indicating an inability to perform the job successfully, rejecting persons with an educational background making it unlikely that the necessary education or training to hold the position could be accomplished successfully within a reasonable time, and similar just causes.
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Q: Are alien workers allowed to work under a subcontract arrangement?
A: According to the regulations, any subcontract by an employer to another employer for the services of a foreign national worker shall be implemented or performed only with the prior approval of the Labor Director.
Application for approval of a subcontract shall be submitted on a standard form provided by Labor. Temporary census workers may be subcontracted to the Department of Commerce without prior approval.
[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 Center on Beach Road, Garapan. [/I]
