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Permission to seek temporary work
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Posted on Jul 18 2008
[B]Q: Can an alien worker get permission from the Department of Labor to seek temporary work pending a hearing on his or her complain[/B]t?
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A: Yes. According to the new Alien 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 in the CNMI on a temporary basis pending a hearing in this case.
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[B]Q: Once Labor has granted an alien worker permission to seek temporary work, how should he or she report to Labor his or her efforts to find a job?[/B]A: The foreign national worker who has been given permission to seek temporary work should make a good faith effort to find work and shall appear in person at Labor Enforcement at least once a month to report on such efforts to find work.
The Regulations state that failure to make a good faith effort to find work shall be ground for denying a request for transfer. The Regulations further state that failure to report or false or fraudulent reports shall be ground to dismiss the pending case
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[B]Q: What will happen if an alien worker who got permission to seek temporary work finds a suitable employer?[/B]A: If the worker finds work, Labor shall issue a temporary work authorization for up to six months while the case is pending. The Regulations provide that a temporary work authorization may be renewed for an equal term and shall 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.
[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 CIC Centre on Beach Road, Garapan.[/I]
