SGMA, Zachares discuss immunity

CNMI Labor and Immigration Secretary Mark. Zachares and SGMA Executive Director Richard A. Pierce met Friday to discuss the current affairs relating to the Limited Immunity Program, SGMA’s exclusion from the temporary ban on the issuance of entry permits to citizens of the People’s Republic of China.

Responding to reports that perhaps some CNMI companies personnel managers and other employees have been trying to charge fees to prospective employees that have come forward under the amnesty program seeking employment via temporary work authorization and one year employment contracts, both Zachares and Pierce voiced strong warnings to anyone contemplating illegal operations.

Zachares said, “I have instructed my DOLI staff to (mark) any evidence that may be detected, and when occurring and confirmed, violators will be prosecuted to the fullest extent of the law.”

“I also want to alert everyone considering applying under the Limited Immunity Program that should any employee of any CNMI company, or any other person for that matter, that guarantees employment for a placement fee, those persons should be immediately be reported to DOLI for investigation,” added the secretary.

“This program will not work if jeopardized by unscrupulous activities such as middle-man scams. And anyone we apprehend will be facing criminal prosecution, at the same time they hopefully are dealt with at their employer’s business,” concluded Zachares.

Pierce also maintained that the association does not condone any member’s employees that are found to be engaged in this activity. Any member company that has any employee engaged in collecting unlawful fees for the right to be employed should have their factories’ administrators immediately report the incident, terminate the employee, and do whatever they can do to return any illegal fees collected.

SGMA has advised all factory administrators and owners to have their personnel management screen prospective employees for potential victimization by unlawful recruiting and recruiters.

Pierce states, “We have uncovered two instances of this occurring, thanks to an alert local resident manager. Two Bangladeshi workers seeking employment through amnesty program, had paid fees to an employee from the Philippines that was being expatriated at the end of her contract. She had the two seeking employment sign contracts similar to those issued by DOLI and even issued receipts when they paid her. When their jobs were not there, they visited the local resident manager, who brought it to our attention. She also forwarded the documents to DOLI officials.”

“SGMA wants to see any unlawful employees of any association member, whether they are from overseas of from Saipan, immediately terminated and charged with their offense. This had happened before. And those employees were terminated and charged and paid heavy fines. This cannot and will not be tolerated,” Pierce said.

SGMA chairman James C. Lin expressed his appreciation to DOLI secretary for his confidence in the garment industry when Zachares excluded SGMA member factories from any provisions under the recently issued memorandum temporarily banning issuance of entry permits to PROC nationals.

Lin stated, “I believe that this is a result of not just our industry members’ financial solvency, but also a positive end result of the hard work SGMA has done in trying to bring itself into compliance with applicable local and federal laws.”(PR)