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Transfer of employment
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Posted on Oct 20 2006
[B]Q: Can a hotel or construction nonresident worker transfer temporarily between employers during the contract period within the same industry?[/B]
[B]A:[/B] Yes, but subject to some conditions. The conditions include that a request for temporary transfer may be made in writing; may be for a time period not longer than six months; must be approved by the Labor director or his designee; and is effective upon approval of the transfer request and payment of the $100 transfer fee.
The other condition is that, should the employee’s permit expire during the transfer period, it shall be subject to renewal by the original employer as provided by law, and the temporary transfer may be continued through the end of the temporary transfer time period approved by the Labor director or his designee.
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[B]Q: Can a nonresident garment worker transfer between employers in the same industry?[/B] [B]A:[/B] Yes, but subject to some conditions. According to the CNMI Alien Labor Rules and Regulations, the transfer must be consensual transfer as provided for by the regulations. The second condition is that the employer receiving the alien employee shall become liable for all obligations under the contract and employer’s agreement. The other condition is that the transferring employer shall not be eligible for a replacement worker to replace an employee transferred under this section.* * *
[B]Q: When can a Labor director deny a request for temporary transfer of an alien worker from a hotel, or construction and garment industries between employers in the same industry?[/B] [B]A:[/B] Labor does not permit transfer for a nonresident worker in breach of his or her employment for failure or refusal to provide the services required by the contract. Labor also does not permit transfer for an alien worker who has filed a frivolous complaint with Labor.Submit questions on labor issues to [I]Saipan Tribune[/I] 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 [I]Saipan Tribune[/I]’s office on the second floor of the CIC Centre on Beach Road, Garapan.
