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Laying-off alien workers
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Posted on Jan 23 2009
[B]Q: Laid-off alien workers who are housed in employer-provided housing are allowed to stay in that housing for how many days?
A:[/B] According to the regulations of the new labor reform law, the employer shall permit laid-off foreign national workers housed in employer-provided housing at the time of the reduction in force to remain in that housing for a period of 30 days following the effective date of termination. The employer is not responsible for providing food for laid-off workers.
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[B]Q: If an employer terminates an alien worker’s contract, can he or she hire another foreign worker for the same job category after one week?A:[/B] The new labor law regulations state that an employer who has laid off foreign national workers shall be barred for a period of 90 days from the effective date of termination from hiring any new alien workers to work in the job classifications held by the laid-off workers.
An employer who has laid off foreign nationals is barred for a period of six months following the effective date of termination from hiring foreign national workers from off-island to work in the job classifications held by laid-off workers.
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[B]Q: How can an employer show that the lay-off of workers is being done due to economic necessity?A:[/B] The regulations state that economic necessity may be shown by a substantial reduction in work orders, a substantial reduction in funds, or a good faith reorganization to improve efficiency, among other factors.
Upon request, the employer shall also produce documentation confirming the economic necessity of the lay-offs. The Department of Labor may conduct an investigation on the lay-off of alien workers if the Labor Director or a designee has reason to believe the lay-offs were not prompted by economic necessity.
[I][B]Disclaimer[/B]: 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]
