Previous Story
Extension of time for departure
|
Posted on Mar 27 2009
[B]Q: If an alien worker’s employment contract is not renewed, how long can he or she be allowed to stay in the CNMI?
A:[/B] According to the new Labor Rules and Regulations, a foreign national worker must exit the Commonwealth within 15 days after the termination of an approved employment contract or any renewal.
An automatic extension of an additional 15 days, however, is available if the foreign national worker is in the process of preparing a complaint to be filed with the Department of Labor, a complaint in a civil matter to be filed in court, or a complaint to the Department of Public Safety with respect to a criminal matter.
****
[B]Q: Can a complaining worker obtain an extension of time for departure from the CNMI?A:[/B] The regulations state that a foreign national worker who attends a mediation session after filing a complaint before Labor may request for an extension of time for departure from the CNMI from the Labor administrative hearing officer.
In deciding a request for extension of time, the hearing officer should consider whether the alien worker is likely not to appear at the hearing, or a deportation order already has been entered, the foreign national worker may continue a fraudulent scheme, the worker has adequate resources to return to the CNMI for proceedings before Labor, or equivalent circumstances exist.
The Regulations state that a hearing officer’s order granting an extension of time shall also set an initial hearing date in the matter. A denial of a request for an extension of time may be appealed to the Labor Administrative Hearing Office within 15 days after the date of the denial.
****
[B]Q: If an alien worker files a court action, where can he or she requests for an extension of time for departure from the CNMI?A:[/B] Pursuant to the regulations, the alien worker who files a court action may request from the court an extension of time for departure from the CNMI and permission to seek temporary work pending resolution of the case. The court order in these regards shall be presented to the Labor director who shall allow temporary work on the same terms as would be available from a hearing officer.
[I]Disclaimer: 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 JP Center on Beach Road, Garapan. [/I]
