Previous Story
Employer actions on referrals
|
Posted on Feb 13 2009
[B]Q: After receiving a referral from Labor’s Employment Services to hire a person, does an employer have the right to reject that individual?
A: [/B]According to the Regulations of the new Labor reform law, employers may reject persons who are referred by Labor’s Employment Services using the employer’s normal hiring criteria. The employers should indicate a short statement of reasons for such rejection to be submitted to the Employment Services.
The Regulations state that with respect to each job vacancy announcement, the Employment Services shall determine whether any person on the referral list is qualified for the vacancy. If candidates are available from the Referral List, a suitable number of qualified candidates will be referred to the employer within five working days after receipt of the proposed job vacancy announcement.
*** *** ***
[B]Q: What action should an employer do if the Employment Services referred more than one person to be hired?A:[/B] In case where more than one application is referred by Employment Services, the Regulations state that any applicant referred may be hired rather than any other applicant referred without any justification indicated to be submitted to Employment Services.
Any citizen or permanent resident may be hired rather than a person referred by Employment Services without any justification required to be submitted to Employment Services.
*** *** ***
[B]Q: What will happen if the Employment Services fails to locate a qualified applicant for the job position?A:[/B] According to the Regulations, an employer must make a good faith effort to hire a citizen or permanent resident for a job vacancy apart from the referral service provided by the Employment Services in the event that referral service is unsuccessful in finding a qualified applicant.
Good faith effort may include posting of the job vacancy announcement at the employer’s place of business and with the Workforce Investment Agency, the Office of Vocational Rehabilitation, the Adult Development Institution at the Public School System, the Northern Marianas College, and other suitable locations.
Good faith effort may also include publication in local newspapers, church bulletins, newsletters, and magazines.
Good faith effort also means conducting outreach for candidates from the U.S. mainland if local citizens or permanent residents are not available.
[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 JP Centre on Beach Road, Garapan.[/I]
