CNMI News
Thursday March 27, 2008
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‘Wave’ of appeals floods Labor
By Emmanuel T. Erediano
Variety News Staff
A “WAVE” of appeals from denial orders that were the “natural” result of resolving thousands of pending applications and labor cases is now hitting the Department of Labor’s administrative hearing office.
Labor hearing officer Jerry Cody, in an interview yesterday, said they will deal with a lot of appeals by taking action.
Starting next week, Cody said, the administrative hearing office will hold hearings or take appropriate actions on 40 denial appeals every Thursday.
He said he will be working with another hearing officer, Herbert Soll.
Cody said in the first two months of this year, the hearing office received over 250 denial appeals.
These appeals are not considered backlog but as the “natural” result of the labor division’s efforts in resolving 11,000 pending applications and labor cases of the previous years.
Labor Division Director Barry Hirshbein earlier said they have cleaned up the backlog, and will resolve all applications and labor cases in a short period of time.
Every time there is an increase in the number of cases the labor division resolves, the hearing office will deal with the same number of appeals.
Cody said they have already started announcing the names of the workers scheduled to appear for the hearing on denial appeals, and they will continue to make similar announcements every week.
Employees who have filed appeals with Labor should check the newspapers every Monday to see if they are among those scheduled for the Thursday hearing, Cody said.
Wednesday, March 26, 2008
Tuesday, March 18, 2008
Foreign Workers and S. 2739
Wednesday March 19, 2008
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‘Foreign workers can transfer anytime if S. 2739 becomes law’
By Gemma Q. Casas
Variety News Staff
FEDERAL Labor Ombudsman Jim Benedetto says the ability of foreign workers to transfer is guaranteed if S.2739, which includes the CNMI federalization measure, is enacted into law.
But he said questions about the implications of certain provisions of the bill can only be determined after the U.S. Department of Homeland Security adopts specific regulations.
The U.S. Senate is expected to deliberate and act on S. 2739 after their Easter break.
Under the bill, Benedetto said the U.S. Department of Homeland Security is tasked to establish, administer and enforce a system for allocating and determining the numbers, terms and conditions of permits that will be issued to each guest worker in the CNMI who will be considered as transitional worker.
Benedetto said this means that the department has to pass implementing regulations that should determine how many years transitional workers can work in the commonwealth, among other things.
“It could be a year, three years or five years. That has not been determined yet pending the passage of regulations,” Benedetto told Variety in a phone interview when asked about the length of stay of transitional workers.
He said the provisions of S. 2739 concerning the Northern Marianas should be implemented within a year after its enactment, but it also has a clause that allows the federal government to extend them for another 180 days.
The measure aims to gradually reduce the number of foreign workers every year. By 2014, the CNMI can no longer employ foreign workers.
But Benedetto said this is impossible to achieve given the islands’ small population, and this why the drafters of the bill inserted a clause to allow an indefinite extension of the federal guest worker program in increments of five years, subject to the approval of the U.S. Labor secretary.
“If the secretary of labor determines that such an extension is necessary to ensure an adequate number of workers for legitimate businesses in the commonwealth, the secretary of Labor may, through notice published in the Federal Register, provide for an additional extension of up to five years,” a portion of S. 2739 stated.
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‘Foreign workers can transfer anytime if S. 2739 becomes law’
By Gemma Q. Casas
Variety News Staff
FEDERAL Labor Ombudsman Jim Benedetto says the ability of foreign workers to transfer is guaranteed if S.2739, which includes the CNMI federalization measure, is enacted into law.
But he said questions about the implications of certain provisions of the bill can only be determined after the U.S. Department of Homeland Security adopts specific regulations.
The U.S. Senate is expected to deliberate and act on S. 2739 after their Easter break.
Under the bill, Benedetto said the U.S. Department of Homeland Security is tasked to establish, administer and enforce a system for allocating and determining the numbers, terms and conditions of permits that will be issued to each guest worker in the CNMI who will be considered as transitional worker.
Benedetto said this means that the department has to pass implementing regulations that should determine how many years transitional workers can work in the commonwealth, among other things.
“It could be a year, three years or five years. That has not been determined yet pending the passage of regulations,” Benedetto told Variety in a phone interview when asked about the length of stay of transitional workers.
He said the provisions of S. 2739 concerning the Northern Marianas should be implemented within a year after its enactment, but it also has a clause that allows the federal government to extend them for another 180 days.
The measure aims to gradually reduce the number of foreign workers every year. By 2014, the CNMI can no longer employ foreign workers.
But Benedetto said this is impossible to achieve given the islands’ small population, and this why the drafters of the bill inserted a clause to allow an indefinite extension of the federal guest worker program in increments of five years, subject to the approval of the U.S. Labor secretary.
“If the secretary of labor determines that such an extension is necessary to ensure an adequate number of workers for legitimate businesses in the commonwealth, the secretary of Labor may, through notice published in the Federal Register, provide for an additional extension of up to five years,” a portion of S. 2739 stated.
Tuesday, March 11, 2008
Citizens of 31 Countries Barred From Entering NMI
Tuesday March 11, 2008
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Citizens of 31 countries barred from entering NMI
By Gemma Q. Casas
Variety News Staff
CITIZENS from 31 countries, including a province in China, are barred from entering the Northern Marianas due to security reasons.
Attorney General Matthew Gregory designated the “excluded locations” on Jan. 24 and a list was published in the Commonwealth Register.
The excluded locations are Afghanistan, Algeria, Bahrain, Bangladesh, Cuba, Egypt, Eritrea, China’s Fujian province, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Myanmar, Nigeria, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tunisia, Venezuela, the United Arab Emirates and Yemen.
Although a commonwealth of the U.S., Northern Marianas remains in control of its borders and immigration system.
In a two-page public notice, Gregory said he has the discretion to decide whether to allow citizens of the 31 countries secure a waiver of exclusion based on several factors.
“I have outlined some of the factors that will be considered when exercising my discretion in deciding whether to grant or deny a request for a waive of exclusion. Note that 1) this is a non-exhaustive list and that there may be other relevant factors considered in making the decision. 2) an applicant may satisfy one or more of the factors but still be denied for other reasons, and 3) this list does not create any rights, nor should it create an expectation that a waiver will be granted if factors on the list are satisfied by an applicant. Also, the applicant must comply with all other requirements of the Immigration Regulations in the application process, including bonding, sponsor requirements, etc.”
If any of the citizens of the 31 excluded locations are granted permission to visit the CNMI, Gregory said special conditions may be imposed on them.
For visitors, this means they will not be allowed to change their category from tourist to documented worker while on island.
The extension of their visitor entry permit, or VEP, may also be subjected to special conditions.
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Citizens of 31 countries barred from entering NMI
By Gemma Q. Casas
Variety News Staff
CITIZENS from 31 countries, including a province in China, are barred from entering the Northern Marianas due to security reasons.
Attorney General Matthew Gregory designated the “excluded locations” on Jan. 24 and a list was published in the Commonwealth Register.
The excluded locations are Afghanistan, Algeria, Bahrain, Bangladesh, Cuba, Egypt, Eritrea, China’s Fujian province, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Myanmar, Nigeria, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sri Lanka, Sudan, Syria, Tunisia, Venezuela, the United Arab Emirates and Yemen.
Although a commonwealth of the U.S., Northern Marianas remains in control of its borders and immigration system.
In a two-page public notice, Gregory said he has the discretion to decide whether to allow citizens of the 31 countries secure a waiver of exclusion based on several factors.
“I have outlined some of the factors that will be considered when exercising my discretion in deciding whether to grant or deny a request for a waive of exclusion. Note that 1) this is a non-exhaustive list and that there may be other relevant factors considered in making the decision. 2) an applicant may satisfy one or more of the factors but still be denied for other reasons, and 3) this list does not create any rights, nor should it create an expectation that a waiver will be granted if factors on the list are satisfied by an applicant. Also, the applicant must comply with all other requirements of the Immigration Regulations in the application process, including bonding, sponsor requirements, etc.”
If any of the citizens of the 31 excluded locations are granted permission to visit the CNMI, Gregory said special conditions may be imposed on them.
For visitors, this means they will not be allowed to change their category from tourist to documented worker while on island.
The extension of their visitor entry permit, or VEP, may also be subjected to special conditions.
Tuesday, March 4, 2008
The Periodic Exit Exemption
Tuesday March 4, 2008
Maharlika
Saturday, March 01, 2008
LABOR FRONT
The periodic exit exemption
By Ferdie de la Torre
Reporter
Q: How can an employer get a key employee exemption pursuant to the periodic exit requirement?
A: According to the rules and regulations of the Public Law 15-108 (new labor reform law), employers who carry out the periodic exit requirement of at least 20 percent of the exit-eligible work force during the period from Jan. 1, 2008 through Dec. 31, 2008 will be able to claim a key employee exemption for an additional three percent of the full-time work force.
Employers who carry out the periodic exit requirement of at least 30 percent of the exit-eligible work force from Jan. 1, 2009 through Dec. 31, 2009 shall be able to claim a key employee exemption for an additional two percent of their exit-eligible work force.
* * *
Q: When can employers with only one exit-eligible employee accomplish the periodic exit for that worker?
A: According to the regulations, employers with only one exit-eligible worker should make the periodic exit for that employee no later than Sept. 30, 2009 unless alternative arrangements are made with the Labor Director before June 30, 2009. The Labor Director will accommodate reasonable requests based on personal needs, scheduling problems, vacation or school requirements, or other factors.
* * *
Q: What will happen if Labor finds that periodic exits have not been accomplished by September 2008?
A: The regulations state that in the event Labor determines that periodic exits have not begun or been accomplished by at least 30 percent of the exit-eligible alien workers by Sept. 30, 2008, Labor will hold a lottery.
The lottery will determine which exit-eligible alien workers shall begin the periodic exit during the period Jan. 1, 2009 through March 30, 2009 in order to ensure that a sufficient number of exits will occur in order to keep the exit program on schedule so that there is no bunching of exits at the end of the initial three-year period.
In the event that Labor finds out that periodic exits have not begun by at least 60 percent of the exit-eligible foreign workers by Sept. 30, 2009, Labor will hold a lottery. The lottery's purpose is to determine which exit eligible alien workers shall begin the periodic exit during the period Jan. 1, 2010 through March 30, 2010 in order to keep the exit program on schedule so that there is no bunching of exits at the end of the initial three-year period.
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 CIC Centre on Beach Road, Garapan.
Maharlika
Saturday, March 01, 2008
LABOR FRONT
The periodic exit exemption
By Ferdie de la Torre
Reporter
Q: How can an employer get a key employee exemption pursuant to the periodic exit requirement?
A: According to the rules and regulations of the Public Law 15-108 (new labor reform law), employers who carry out the periodic exit requirement of at least 20 percent of the exit-eligible work force during the period from Jan. 1, 2008 through Dec. 31, 2008 will be able to claim a key employee exemption for an additional three percent of the full-time work force.
Employers who carry out the periodic exit requirement of at least 30 percent of the exit-eligible work force from Jan. 1, 2009 through Dec. 31, 2009 shall be able to claim a key employee exemption for an additional two percent of their exit-eligible work force.
* * *
Q: When can employers with only one exit-eligible employee accomplish the periodic exit for that worker?
A: According to the regulations, employers with only one exit-eligible worker should make the periodic exit for that employee no later than Sept. 30, 2009 unless alternative arrangements are made with the Labor Director before June 30, 2009. The Labor Director will accommodate reasonable requests based on personal needs, scheduling problems, vacation or school requirements, or other factors.
* * *
Q: What will happen if Labor finds that periodic exits have not been accomplished by September 2008?
A: The regulations state that in the event Labor determines that periodic exits have not begun or been accomplished by at least 30 percent of the exit-eligible alien workers by Sept. 30, 2008, Labor will hold a lottery.
The lottery will determine which exit-eligible alien workers shall begin the periodic exit during the period Jan. 1, 2009 through March 30, 2009 in order to ensure that a sufficient number of exits will occur in order to keep the exit program on schedule so that there is no bunching of exits at the end of the initial three-year period.
In the event that Labor finds out that periodic exits have not begun by at least 60 percent of the exit-eligible foreign workers by Sept. 30, 2009, Labor will hold a lottery. The lottery's purpose is to determine which exit eligible alien workers shall begin the periodic exit during the period Jan. 1, 2010 through March 30, 2010 in order to keep the exit program on schedule so that there is no bunching of exits at the end of the initial three-year period.
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 CIC Centre on Beach Road, Garapan.
Labor Says Its Web site Getting Good Turnout
Wednesday March 5, 2008
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Labor says its Web site getting good turnout
By Emmanuel T. Erediano
Variety News Staff
THE Department of Labor’s Division of Employment Services and Training says there has been a “good” turn out for its Web site registration, with 54 local jobseekers already signing in for 167 job vacancy announcements.
Division Director Alfred Pangelinan said 63 employers, mostly from the private sector, have posted job vacancies on Labor’s Web site which came online on Feb. 4.
Initial statistics show that there are three job vacancies for every resident seeking employment.
The division’s 2007 figures showed that only 16 percent of those who registered were eventually hired.
The CNMI private sector pays $3.55 an hour, and most local prefer to work for the government which pays higher wages and offers more generous benefits.
Labor data from January to September 2007 showed that 342 were hired among the 2,114 residents who registered with the Division of Employment Services and Training.
These figures have not varied significantly since 2001.
Labor advised employers and jobseekers they could start transacting business on Feb. through its Web site, www.marianaslabor.net.
Designed by Ron Smith, the Web site allows employers and employees to post job vacancy announcements or submit employment applications.
With the implementation of the controversial labor law, P.L. 15-108, two months ago, Labor started enhancing its employment services program.
Pangelinan, in an earlier interview, said an employer has 14 days to inform Labor about the “action” it took with the jobseeker referred by the department.
An employer has to explain and justify to Labor why it did not hire a referred applicant.
Job vacancy announcements in newspapers are now posted for two consecutive days in a week, and this has to be for two weeks, for a total of four newspaper clippings in 15 days.
All companies now are required to maintain a 20 percent resident workforce.
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Labor says its Web site getting good turnout
By Emmanuel T. Erediano
Variety News Staff
THE Department of Labor’s Division of Employment Services and Training says there has been a “good” turn out for its Web site registration, with 54 local jobseekers already signing in for 167 job vacancy announcements.
Division Director Alfred Pangelinan said 63 employers, mostly from the private sector, have posted job vacancies on Labor’s Web site which came online on Feb. 4.
Initial statistics show that there are three job vacancies for every resident seeking employment.
The division’s 2007 figures showed that only 16 percent of those who registered were eventually hired.
The CNMI private sector pays $3.55 an hour, and most local prefer to work for the government which pays higher wages and offers more generous benefits.
Labor data from January to September 2007 showed that 342 were hired among the 2,114 residents who registered with the Division of Employment Services and Training.
These figures have not varied significantly since 2001.
Labor advised employers and jobseekers they could start transacting business on Feb. through its Web site, www.marianaslabor.net.
Designed by Ron Smith, the Web site allows employers and employees to post job vacancy announcements or submit employment applications.
With the implementation of the controversial labor law, P.L. 15-108, two months ago, Labor started enhancing its employment services program.
Pangelinan, in an earlier interview, said an employer has 14 days to inform Labor about the “action” it took with the jobseeker referred by the department.
An employer has to explain and justify to Labor why it did not hire a referred applicant.
Job vacancy announcements in newspapers are now posted for two consecutive days in a week, and this has to be for two weeks, for a total of four newspaper clippings in 15 days.
All companies now are required to maintain a 20 percent resident workforce.
Monday, March 3, 2008
Orientation For New Workers
Tuesday March 4, 2008
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Labor orientation for new workers to be on videotape
By Raquel C. Bagnol
Variety News Staff
THE one-hour orientation for new guest workers that has been implemented in line with the newly enacted Public Law 15-108 will soon be on videotape in English, Chinese and Korean languages.
Director of Labor Barry Hirshbein said the videotape will be shown to the newly arrived guest workers.
Hirshbein conducted the first orientation seminar for the new foreign workers at the Department of Labor office last month.
He said the orientation is necessary to ensure that new workers are aware of their rights and privileges while working in the CNMI.
The orientation, Hirshbein added, will also help workers understand what is in their work contracts and prevent future conflicts which may arise between employers and workers.
The orientation for workers in English is scheduled at 9 a.m. every Tuesday while the Chinese and Korean presentations are scheduled at 10 a.m. and 11 a.m.
--------------------------------------------------------------------------------
Labor orientation for new workers to be on videotape
By Raquel C. Bagnol
Variety News Staff
THE one-hour orientation for new guest workers that has been implemented in line with the newly enacted Public Law 15-108 will soon be on videotape in English, Chinese and Korean languages.
Director of Labor Barry Hirshbein said the videotape will be shown to the newly arrived guest workers.
Hirshbein conducted the first orientation seminar for the new foreign workers at the Department of Labor office last month.
He said the orientation is necessary to ensure that new workers are aware of their rights and privileges while working in the CNMI.
The orientation, Hirshbein added, will also help workers understand what is in their work contracts and prevent future conflicts which may arise between employers and workers.
The orientation for workers in English is scheduled at 9 a.m. every Tuesday while the Chinese and Korean presentations are scheduled at 10 a.m. and 11 a.m.
Labor Now Requires All Jobs To Be Advertised
Local
Tuesday, March 04, 2008
Labor now requires all jobs to be advertised
Under a new policy, the CNMI Department of Labor is now requiring all jobs of any kind for which an employer wants to hire a foreign worker to be posted on the department's new jobs website, www.marianaslabor.net.
“In the past, we had waivers of various kinds, but no more,” said Cinta M. Kaipat, deputy secretary of Labor. “Every job, whether it is permanent or temporary, full-time or part-time, TWA or casual labor-absolutely everything will be on the website for citizens and permanent residents who are looking for jobs.”
“The website is free,” Kaipat said, “so there is no expense to an employer in posting the job. And the department acts quickly in referring citizens and permanent residents for jobs on the website postings, so there is no delay.”
The department has had objections to the all-inclusive posting requirement from employers who say their jobs are just temporary or that they are small businesses not required to hire local citizens.
“I have dealt with the objections,” Kaipat said, “and my decision is that all jobs will be posted. I know that at the end of the road, perhaps the department cannot require all categories of employers to hire a local citizen, but we certainly should assume that every employer will want to do the right thing. If a qualified citizen comes along, an employer who is a part of this community should hire that person whether they are forced to do so by the Labor Department or not.”
The website provides a useful informational tool for the community. “The department's policy on posting all jobs means that the community knows about all jobs for which foreign national workers are being considered. Also, the community knows how many jobs are out there at any given time. This is useful to legislators whose constituents may be looking for jobs,” Kaipat reported.
“Some of our citizens need to work part-time or they want to work for only a few months because they have family responsibilities,” Kaipat said. “That is the reason I want all the part-time, temporary, and TWA jobs posted.”
The Labor Department's objective is to find suitable employment opportunities for as many citizens and permanent residents as possible.
“We are also posting jobs so that our on-island foreign workers can know about the jobs available for them,” Kaipat said. The Labor Department enforces a secondary preference for on-island foreign workers. “Finding jobs for our on-island foreign workers is better policy than bringing in new foreign workers to the Commonwealth,” Kaipat said.
The Labor Department is enforcing the emergency regulations published in December 2007 that prevent employers from bringing new unskilled workers to the Commonwealth while the workers displaced by garment factory closures are being absorbed into new jobs.
“We have registered many foreign workers who are looking for unskilled jobs, so we have no problem supplying unskilled labor to any employer who needs it,” reported Alfred Pangelinan, Director of Employment Services.
Tuesday, March 04, 2008
Labor now requires all jobs to be advertised
Under a new policy, the CNMI Department of Labor is now requiring all jobs of any kind for which an employer wants to hire a foreign worker to be posted on the department's new jobs website, www.marianaslabor.net.
“In the past, we had waivers of various kinds, but no more,” said Cinta M. Kaipat, deputy secretary of Labor. “Every job, whether it is permanent or temporary, full-time or part-time, TWA or casual labor-absolutely everything will be on the website for citizens and permanent residents who are looking for jobs.”
“The website is free,” Kaipat said, “so there is no expense to an employer in posting the job. And the department acts quickly in referring citizens and permanent residents for jobs on the website postings, so there is no delay.”
The department has had objections to the all-inclusive posting requirement from employers who say their jobs are just temporary or that they are small businesses not required to hire local citizens.
“I have dealt with the objections,” Kaipat said, “and my decision is that all jobs will be posted. I know that at the end of the road, perhaps the department cannot require all categories of employers to hire a local citizen, but we certainly should assume that every employer will want to do the right thing. If a qualified citizen comes along, an employer who is a part of this community should hire that person whether they are forced to do so by the Labor Department or not.”
The website provides a useful informational tool for the community. “The department's policy on posting all jobs means that the community knows about all jobs for which foreign national workers are being considered. Also, the community knows how many jobs are out there at any given time. This is useful to legislators whose constituents may be looking for jobs,” Kaipat reported.
“Some of our citizens need to work part-time or they want to work for only a few months because they have family responsibilities,” Kaipat said. “That is the reason I want all the part-time, temporary, and TWA jobs posted.”
The Labor Department's objective is to find suitable employment opportunities for as many citizens and permanent residents as possible.
“We are also posting jobs so that our on-island foreign workers can know about the jobs available for them,” Kaipat said. The Labor Department enforces a secondary preference for on-island foreign workers. “Finding jobs for our on-island foreign workers is better policy than bringing in new foreign workers to the Commonwealth,” Kaipat said.
The Labor Department is enforcing the emergency regulations published in December 2007 that prevent employers from bringing new unskilled workers to the Commonwealth while the workers displaced by garment factory closures are being absorbed into new jobs.
“We have registered many foreign workers who are looking for unskilled jobs, so we have no problem supplying unskilled labor to any employer who needs it,” reported Alfred Pangelinan, Director of Employment Services.
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