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Subcontracting jobs, changed contracts
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Posted on Sep 05 2008
[B]Q: Does a subcontracting job for an alien worker need prior approval from Labor?
A: [/B]Yes. According to the new Alien Labor Rules and Regulations, any subcontract by an employer to another employer for the services of a foreign national worker shall be implemented or performed only with the prior approval of the Labor Secretary. Application for approval of a subcontract shall be submitted on a standard form provided by Labor. The Regulations state that temporary census worker may be subcontracted to the Department of Commerce without prior approval.
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[B]Q: Can an alien worker perform a job under a changed existing contract without Labor’s prior approval?A:[/B] No. The Regulations provide that any change to an existing approved employment contract shall be implemented or performed only with prior approval of the Labor director and notice to any affected alien worker.
A request for contract change must be submitted on a standard form provided by Labor. A contract change may not be put into effect until 10 days after notice is given to the affected foreign national workers. The Labor director may deny a contract change. A denial may be appealed to Labor’s Administrative Hearing Office.
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Q: Can an employer withhold an alien worker’s passport and entry permit?
A: No. According to the Regulations, no employer may withhold from any foreign national worker any passport, entry permit, approved employment contract, or other documents related to the status of the alien worker.
A copy of the approved employment contract shall be provided to the guest worker by the employer prior to arrival in the CNMI. The entry permit shall be provided to the foreign national worker at the orientation session at Labor.
[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]
