Employers warned on breach

Gov. Pedro P. Tenorio warned employers against abusing a measure that mandates the government to provide up to $3,000 in unpaid compensation and repatriation cost for non-residents for nonresidents monetary damages.

The governor said while these funds will be made available to guest workers employers are still liable to the CNMI government.

Last week 13 Bangladeshis and one Nepalese received their back wages and free return ticket, representing the first batch of foreign workers to reap the benefits of the new law hastily approved in March. Fourteen more guest workers are scheduled to leave Saipan this week under the program.

In view of the growing number of business closures, Tenorio cautioned employers not to use the law as a shield to abandon their workers.

“The government will pursue them and get whatever compensation is due to the employees. The employers are not relieved from their responsibility,” he said in an interview.

The measure was put into motion upon recommendation of Rep. Don Young (R-Alaska), chairman of the House Resources Committee, during his visit in March.

A group of alien workers, mostly Chinese, Bangladeshis and Filipinos, told Young and members of the committee during a meeting that they have yet to collect unpaid back wages provided for in administrative awards.

Most of these nonresident workers were abandoned by their employers, and many refused to leave the islands until they receive payment for monetary damages even if they do not have the means to support themselves.

Public Law 11-66 authorizes the Department of Labor and Immigration to expend money from the Deportation Fund to pay out back wages of foreign workers equivalent to three months of their salary and a one-way plane ticket to their country of origin.

The assistance will cover unemployed nonresident workers who are holding administrative awards for unpaid back wages and other related damages.

The law empowers the local government to collect awarded monetary damages from employers on behalf of foreign workers who will qualify for the assistance. Money recovered will be used to reimburse the government for amounts paid to workers.

It also grants reprogramming authority to the governor to tap other sources of funds to replenish the Deportation Fund, an account established for the repatriation of illegal workers.

Local leaders are hoping the legislation would help defer Washington’s takeover of local minimum wage and immigration policies, which federal officials say are inadequate to address growing labor problems, curb entry of foreign workers and raise local wages to mainland standards.