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Responsibility for repatriation costs
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Posted on Apr 04 2008
[B]Q. Who is responsible for alien workers’ costs of repatriation?
A:[/B] The last employer of record is responsible for all the costs of repatriation of a foreign national worker. The new Alien Labor Rules and Regulations define last employer of record as the employer under the most recent approved employment contract, on file at the Department of Labor, with respect to the foreign national worker.
Repatriation costs include the expenses with respect to the embalming and transport of deceased workers back to their respective countries where they are hired.
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[B]Q: Who is responsible for the repatriation costs of alien workers who are on temporary work authorization or on illegal employment?A:[/B] An employer of a foreign national worker under temporary work authorization is not responsible for repatriation costs, according to the Alien Labor Rules and Regulations.
With respect to illegal employment, the regulations state that an employer who hires an alien worker without an approved employment contract, without an approved security contract, or without an approved health insurance contract or who is otherwise in violation of CNMI law shall be assessed in full or partial repatriation costs by the Labor Director.
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[B]Q: Who is responsible for the repatriation costs of alien workers in cases where there is a last employer of record but the worker has also been illegally employed by another employer?A:[/B] In such kind of situations, the Labor director may assess repatriation costs entirely to the last employer of record, entirely to the illegal employer, or partially to both employers.
If an alien worker has been employed illegally and a last employer of record is assessed repatriation costs, that employer may recover the assessed repatriation costs from the illegal employer in an action before the Superior Court.
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