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Repatriation costs for alien workers in illegal employment
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Posted on Apr 03 2009
[B]Q: Who will be responsible for the repatriation costs of an alien worker who is employed illegally by another employer?
A:[/B] The new Labor Rules and Regulations state that in situations in which there is a last employer of record and a foreign national worker has also been employed illegally by another employer, the Labor director may assess repatriation costs entirely to the last employer of record, entirely to the illegal employer, or partially to both employers.
The regulations provide that if an alien worker has been employed illegally and a last employer of record is assessed repatriation costs, that employer may recover the assessed repatriation costs from the illegal employer in an action before the Superior Court.
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[B]Q: Can the Labor director assess full repatriation costs on an illegal employer of an alien worker?A:[/B] According to the regulations, an employer who employs an alien worker without an approved employment contract, without an approved security contract or without an approved health insurance contract, or who is otherwise in violation of Commonwealth law shall be assessed full or partial repatriation costs by the Labor director.
An employer of a foreign national worker under temporary work authorization is not responsible for repatriation costs.
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[B]Q: How does Labor determine who is the last employer of record?A: [/B]According to Labor, the last employer of record is the employer under the most recent approved employment contract on file at Labor, with respect to the alien worker. The last employer of record is responsible for all of the costs of repatriation of a foreign national worker.
Repatriation costs include the costs with respect to the embalming
and transport of deceased workers back to the point of hire.
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[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]
