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.