Labor Clarifies Transfer Process

Wednesday February 20, 2008

Local

Wednesday, February 20, 2008

Labor clarifies transfer process
By Agnes E. Donato
Reporter

The Department of Labor has clarified how foreign workers can transfer jobs under the new system.

Although consensual and expiration transfers have been eliminated, guest workers may still transfer from one employer to another, according to the department's progress report on the implementation of Public Law 15-108.

Deputy Labor Secretary Cinta Kaipat, the former lawmaker who sponsored the labor law in the 15th Legislature, prepared the report.Under the new process, Kaipat said, a worker seeking to transfer jobs registers with the Division of Employment Services and is given the so-called “employer intent form.”

The worker finds an employer willing to hire him or her. That employer signifies his intent to hire the worker by signing the form, which the worker returns to Employment Services.

Workers and their representatives may access the Labor website to find available jobs for which U.S. citizens and permanent residents have not applied for.

Employment Services checks to be sure that the job is posted on the website so that locals are notified of their availability.

After the normal referral period passes, Employment Services sends the request to transfer to all DOL units and to a designated hearing officer.

Any DOL unit may object to the transfer for reasons such as criminal convictions, pending labor cases, or suspected illegal sponsorship.

A hearing officer, after receiving objections at a hearing, will issue an order granting or denying permission to transfer.

If permission is granted, the employer has 10 days to file the transfer application with Labor Processing. If permission is denied, the employee and employer have a right to appeal.

The new transfer process has been in effect since Monday, Feb. 4, 2008.In her report to the Legislature, Kaipat also said that assistance is being provided to businesses.

She said that upgraded technology allows for an automated processing of employment renewals and transfers.

She added that the department has eliminated the backlog in processing applications, and it expects that, with the new system, nearly all new applications will be processed within 30 days.

She informed lawmakers about the Labor's new website, which allows businesses to post job vacancy announcements at no cost.

Kaipat also reported that the department hopes to have pending labor cases from 2005, 2006, and 2007 to be completed by June 2008. A few cases are expected to be appealed to the secretary.

A new process has been put in place to ensure appeals are decided within 30 days of being filed.

Labor Department personnel are conducting informational meetings on Saipan, Tinian, and Rota.

Those interested in receiving a presentation may send an email to depsec2@gmail.com.