Thursday, June 19, 2008

Best Practices Comparison

Labor: NMI immigration system better than feds’
Friday, 20 June 2008 00:00 By Junhan B. Todeno - Variety News Staff
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LABOR Deputy Secretary Cinta M. Kaipat says foreign workers who come to the commonwealth find a supportive and fair employment system under the Commonwealth Employment Act of 2007 compared to the federal system.

“The CNMI system is much better and favorable to guest worker,” she said. “We offer some advantages which the feds don’t have.”

Currently, all foreign workers, upon arrival, undergo orientation regarding their rights and responsibilities, medical coverage, health examination and fair employment contract provisions.

There are no orientation and health examination upon entry under the federal system although there’s a small percentage of guest workers with medical coverage, depending on the employers, Labor said.

It added that the federal system does not hold employers accountable for current employment of every worker under contract, and it doesn’t provide mandatory mediation of employment dispute,

The CNMI, in contrast, provides accountability and mediation assistance, Labor said.

In the commonwealth, it added, foreign workers are required to live in employer-supplied housing which is not a requirement under the federal system.

The federal system, however, allows the transfer of a worker to new employer in the event of unsatisfactory or termination of employment.

Under the local system, transfer is allowed only through an administrative review.

Labor said its other “best practices” are the practical incentives to hire citizens, government employment restricted to citizens, preference for on-island foreign workers over new entrants, foreign language notice to incoming workers before as to their legal and regulatory rights and responsibilities, age requirement of 21 for entering workers, limitations on permitted deductions from wages, and access to administrative process for resolution of complaints.

Kaipat also noted that guaranteed full payment for repatriation travel is covered under the commonwealth system.

“We have a good guest workers program that the feds don’t have,” she said.

Tuesday, June 10, 2008

Unpaid Claims

Kaipat: Guest workers can’t get all of unpaid claims

Wednesday, 11 June 2008 00:00 By Junhan B. Todeno - Variety News Staff
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LABOR Deputy Secretary Cinta Kaipat says the surety bonds company cannot pay the total claims of guest workers whose wages were not paid by their employers.

Under the bond agreement, the company can only pay the workers three months of their wages, she said.

But for those employers who have already left the CNMI, Labor can do nothing for these workers because “their employers are already outside our jurisdiction,” she said.

This is why Labor urges guest workers to file their cases without delay so that the department can take immediate action, she added.

But Kaipat said they are going after employers who are still in the CNMI but have not honored their responsibility to their workers.

“They don’t deserve to employ any foreign workers,” she said.

Coalition of United Workers (NMI) president Irene Tantiado has asked Labor to clarify the time frame in waiting for payments from employers or bonding companies.

She said guest workers are also complaining about the $30 filing fee they have to pay Labor for assisting them to file with the small claims court.

If guest workers are awarded their claims, she said, they can only get $3,000 as maximum payment. “Employers will intentionally not pay the workers because they believe the workers will file small claims,” Tantiado added.

During the recent meeting of the Coalition of United Workers (NMI), representatives of the Bangladesh community said they are willing to compromise even if some of them have over $3,000 in unpaid wages.

“More than 100 Bangladeshi workers want to go home if they are paid the maximum claim of $3,000,” she added.