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Termination for cause, consent
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Posted on Jun 27 2008
[B]Q: What is termination for cause?
[/B] A: During the term of the contract, an employer or employee may terminate an approved employment contract for cause as defined in the contract. According to the new Alien Labor Rules and Regulations, an employer shall give written notice to the foreign national worker and to the Department of Labor on a standard form provided by Labor at least 10 days prior to the termination date.
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[/B] A: During the term of the contract, an employer or employee may terminate an approved employment contract for cause as defined in the contract. According to the new Alien Labor Rules and Regulations, an employer shall give written notice to the foreign national worker and to the Department of Labor on a standard form provided by Labor at least 10 days prior to the termination date.
An alien worker may file a complaint with the Labor Administrative Hearing Office contesting a termination for cause. The Labor director may investigate a termination to determine if the termination was in compliance with Commonwealth law and these regulations.
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[B]Q: What is termination by consent?[/B]
A: The Regulations state that an employer and employee may terminate an approved employment contract by consent during the term of the contract. The consent of the employee, the Regulations further states, shall be evidenced by an appropriate writing filed with Labor at least 10 days prior to the termination date.
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[B]Q: Who should be responsible for medical expenses and repatriation of an alien worker whose employment contract gets terminated?[/B]
A: The Regulations state that under any termination of an approved employment contract, the employer remains the last employer of record (responsible for medical expenses and repatriation) until the foreign national worker transfers, is repatriated, or in the case of medical expenses, a period of 96 days expires.
[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 SaipanTribune 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 CIC Centre on Beach Road, Garapan.
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