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Part-time casual employment
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Posted on Oct 24 2008
[B]Q: Does the Department Labor permit alien workers to engage in part-time casual employment?
A:[/B] Public Law 15-108 or the Labor Reformed Law permits part-time casual employment. According to the new Alien Labor Rules and Regulations, the employer under the approved employment contract has no liability for wages for part-time work.
An employer may employ an alien worker part-time for no more than 32 hours a month. A notice of part-time hiring on the standard form provided by Labor must be filed before any work by the foreign national worker begins.
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[B]Q: What are the grounds for Labor to deny a part-time hiring?A[/B]: The Regulations state that the Labor director may deny a notice of part-time hiring if it appears that the part-time employment is being used to circumvent the requirement of full-time work under an approved employment contract.
The Labor director may also deny if a non-business employer is not financially responsible, or the part-time work is otherwise in violation of Commonwealth law. A denial may be appealed to Labor’s Administrative Hearing Office.
An employer who has signed an approved employment contract with an alien worker may not hire that foreign national worker for part-time casual work. An employer may not hire a foreign national worker for part-time casual work for any type of work done by regular employees of the business.
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[B]Q: What is the penalty for a person who employs an alien worker for part-time work without first notifying Labor?A:[/B] The Regulations state that any person who employs an alien worker for part-time work without first filing a notice with Labor shall be barred from further employment of foreign national workers in any capacity. That employer may also be assessed a fee equal to all of the fees applicable to an approved employment contract. An order of debarment and an assessment of fees, however, can be appealed to Labor’s Administrative Hearing Office.
[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]
