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Employer-employee disputes
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Posted on Aug 22 2008
[B]Q: Can an alien worker or employer report employment disputes orally to the Department of Labor?
A:[/B] According to the new Alien Labor Rules and Regulations, a system of informal reporting of disputes is intended to facilitate early resolution of the potential dispute and to maintain the employment relationship. The Regulations state that disputes may be reported orally, by telephone or in person, or in writing to the Labor Enforcement Section.
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[B]Q: When should an alien worker report to Labor about a potential dispute with his or her employer?A:[/B] The Regulations state that in the event that an employer fails to make full and complete payment of bi-weekly wages on two successive occasions, or if a conflict arises between the foreign national worker and the employer about working conditions or the implementation of the terms of the approved employment contract, the worker shall report the potential dispute to Labor promptly.
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[B]Q: What should an employer do if an employee fails to report for work for five successive days without notice or medical reason?A:[/B] In a case when an alien worker fails to report for work for five successive workdays without notice to the employer of medical or other reasons for absence, or if a conflict arises between the employer and the worker about working conditions or the implementation of the terms of the approved employment contract, the Regulations require that the employer shall report the potential dispute to Labor promptly. This provision does not limit the right of an employer to terminate an approved employment contract for cause pursuant to the terms of the 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 CIC Centre on Beach Road, Garapan.[/I]
