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Hours of work, worksites
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Posted on Jan 16 2009
[B]Q: If a domestic helper lives in the same house with his or her employer, is “rest time” considered working hours?
A: No.[/B] According to the Labor Employment Rules and Regulations, a domestic helper who lives in the same household as the employer and is on “sleeping time” or “rest time” is not on working hours.
If an alien worker accepts employer-supplied housing, the employer shall not require the worker to remain in the housing during non-working hours or take or threaten to take any adverse action against the worker for refusing to remain in the housing during non-working hours.
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[B]Q: Should the hours of work be indicated in an alien worker’s approved employment contract?A:[/B] The Regulations state that the hours of work shall be specified in the approved employment contract. The employers may offer overtime work to alien employees, but they are not required to provide the workers overtime job.
Any period of time during which the worker is required to be present at any location within the Commonwealth designated by his or her employer shall be considered working hours for purposes of determining wages and overtime pay.
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[B]Q: Are alien workers permitted to have one or more worksites?A:[/B] According to the Regulations, an alien worker may have one or more worksites, but he or she may be assigned on only one island. The island where a foreign national worker will be assigned to work must be stated in the approved employment contract or in an approved change to the employment contract.
The Regulations state that assigning an alien worker to work in a location not specified in the approved employment contract or in an approved contract change is a ground for denial of a renewal of the contracts.
[I][B]Disclaimer:[/B] Readers should conduct their own research and due diligence and obtain professional legal advice. Saipan Tribune will not be liable for any loss or damage caused by a reader’s reliance on information obtained from this section. Submit questions on labor issues to Saipan Tribune 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 Saipan Tribune’s office on the second floor of the CIC Centre on Beach Road, Garapan. [/I]
