Fair wage act pushed back • Employers get two weeks reprieve to put forward amendments

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Posted on May 14 1999
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The implementation of the Resident Workers Fair Compensation Act may be delayed further after the Attorney General’s Office pushed back the adoption of the rules and regulations that would put into motion Public Law 11.-74

“The regulations currently promulgated will not be adopted without significant modifications, therefore, these will be repromulgated,” said Nancy Gottfried, assistant attorney general.

According to Gottfried, the comment period, which ends on May 19, 1999, will be extended for two more weeks. She asked the public to submit all recommended changes to the rules and regulations to the Attorney General’s Office or the Department of Labor and Immigration.

Under the law, Gottffried explained that regulations can be promulgated, then adopted with minor changes without going through a repromulgation. However, if the changes are significant, the regulations must be repromulgated.

The Saipan Chamber of Commerce and the Hotel Association of Northern Mariana Islands have submitted their proposed amendments to the rules and regulations. Gottfried noted that the recommendations made by the two associations are valid and will be incorporated in the rules and regulations.

Although there is no schedule yet on the proposed public hearing, Senate President Paul Manglona and House Speaker Diego T. Benavente have supported the businessmen’s proposal.

The public hearings would help in solving the inequities which will affect resident workers, employers and even non-resident workers once the law is implemented, said Ron Sablan, president of HANMI.

Earlier, the Chamber and HANMI have asked Gov. Pedro P. Tenorio to order the Office of the Attorney General to suspend temporarily the promulgation of the rules and regulations of the Resident Workers Fair Compensation Act pending inclusion of proposed amendments to the new law.

According to Sablan, the delay in the promulgation process of these regulations will enable the government and the legislature to work with the private sector in clarifying certain ambiguities.

“Unfortunately, the said law is so restrictive that it is very difficult to have regulations that can remedy the situation, but rather can only mitigate some of the inequities involved,” Sablan added.

The law, which was signed by Tenorio in March, provided that local residents earning less than an hourly wage of $5.15 to receive all benefits extended to foreign workers as mandated by existing laws.

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