Some things never improve — instead they Worsen

The CNMI has perhaps the most unnecessarily complicated and most asinine, brainless, inept, senseless, and absurd rules and regulations for hiring and controlling non-resident workers that have ever existed anywhere. We have convoluted this problem of non-resident workers for over twenty years, and we still have not learned anything. In fact, it continues to become more ridiculous with each passing group of Legislators.

Do I sound bitter? No, I am not bitter. I am disgusted with the whole system, and in the next two articles I shall explain how absurd this whole situation has gotten of trying to hire non-resident workers. When I finish my tirade, you decide whether there is some truth in what I say or not, and whether there is any hope of escaping from this imbroglio.

Let me make it clear from the beginning that this situation is not the fault of Secretary Mark Zachares of the DOLI or of any of his predecessors. This gentleman is merely dutifully following what has been dictated to him by the Administration and the Legislature.
Truthfully speaking, I think this gentlemen is as frustrated with the situation and as equally confused on how to improve the situation as most of us.

I have been involved with the problem of improving Labor Laws since 1987, when I started reviewing them and worked with various committees in the Legislature on Labor Laws. A few years ago, it dawned on me that any reform was a pipe dream.

I have struggled through three administrations and six Legislation groups which have done nothing but continue to complicate the matter and add almost insurmountable obstacles at great cost and inconvenience to all private businesses with no end in sight. If this discussion displeases anyone, then it might be time to make drastic changes and stop harassing employers and employees.

Attempt to hire a non-resident worker presently not on this island, but a new recruit from off-shore. Our journey begins with a trip to the Department of Labor to request a clearance to bring in a new employee, let’s say from the Philippines.
After much discussion and finding that no local resident is qualified or wants the job, we reluctantly are given permission to place an ad in the newspaper which must be published in a local newspaper over three weeks.
Meanwhile we have selected a prospective employee and begin the long wait for his clearance papers.

This individual must send the prospective employer a true copy of his birth certificate, a certified copy of his marriage certificate (if applicable), a police clearance from original point of hire, an original health certificate from his point of hire, a resume, and a letter from previous employers stating that he has worked and is experienced in the position for at least two years for which he is applying. And more and more papers.

He must have been an employee in the same position and at least two years experience for which he is hired. The employer has little say in hiring an employee that he wants. And he cannot make any employment arrangements with the employee unless they are blessed by the DOL.

An employment agreement dictated, not by the employer and employee, but by the Department of Labor must be submitted to DOL for their approval. Woe to anyone who dares to change any wording. The employment application for Labor Certificate and Immigration Entry permit must also have a color photograph attached.
While the employment is signed by three parties, Labor does not assume any responsibility when anything goes wrong. (To be continued)