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Reporting by workers, employers
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Posted on May 15 2009
[B]Q: When should an employer report to the Department of Labor about an alien employee who can’t be found or accounted for?
[/B] A: Under the regulations, in the event that an employer fails to make full payment of bi-weekly wages on two successive time, the foreign national worker should report the potential dispute to the Labor Director promptly. The worker should do the same (report promptly to the Director) if a conflict arises between the worker and the employer about working conditions or the implementation of the terms of the approved contract. [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 Center on Beach Road, Garapan. [/I]
A: [/B]In the event that an employer becomes unable to account for a foreign national worker, the employer should report the matter to the Labor Director within 15 business days.
According to the Alien Labor Rules and Regulations, each employer is accountable for every alien worker for whom the employer has had an approved employment contract in effect at any time during the preceding calendar year. The employer shall ensure that the workers are currently employed by the employer, have transferred to another employer by administrative order, have exited the CNMI, are otherwise accounted for as remaining in the Commonwealth lawfully, or are deceased.
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[B]Q: What should an employer do to his or her alien employee who fails to come to work for five successive days without notice?A:[/B] The regulations state that in the event that a foreign national worker fails to report for work for five successive workdays without notice to the employer of medical or other reasons for absence, the employer should report the potential dispute to the Labor Director promptly. The employer should do the same (report promptly) if a conflict arises between the employer and the alien worker about working conditions or the implementation of the terms of the approved employment contract.
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[B]Q: What should an alien worker do if his or her employer fails to make complete payment of bi-weekly wages on two successive occasions?[/B] A: Under the regulations, in the event that an employer fails to make full payment of bi-weekly wages on two successive time, the foreign national worker should report the potential dispute to the Labor Director promptly. The worker should do the same (report promptly to the Director) if a conflict arises between the worker and the employer about working conditions or the implementation of the terms of the approved contract. [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 Center on Beach Road, Garapan. [/I]
