'In layoffs, alien workers first before US citizens'

Local
Friday, April 17, 2009


The Labor Department is vigorously enforcing the U.S. citizen preference in any reductions-in-force, according to Employment Services director Alfred Pangelinan in a statement issued yesterday.

The department's regulations, issued under Section 4937 of Public Law 15-108, provide that every employer must lay off foreign workers first before laying off U.S. citizens in the same O-Net job classification. The regulations also provide that every employer must lay off foreign workers who arrived more recently before laying off foreign workers who have been in the Commonwealth for a longer time.

The only exceptions to this job preference in layoffs are provided in Section 4965 of P.L. 15-108 for consular operations and students on work/study assignments. All other employers are covered by the layoff provisions.

“We have some discretion under our regulations,” said Pangelinan. “We can agree with the employer under certain circumstances to vary the job preference in layoffs for important business reasons, but we must be notified and agree in advance. We cannot provide any flexibility after the fact.”

If an employer has not yet established O-Net classifications with the department when hiring workers, Pangelinan said the department will apply the broadest applicable O-Net classification for layoff job preference for U.S. citizens.

Pangelinan said the regulations recognize that economic necessity may require layoffs. “We recognize that these are difficult economic times,” he said, “and we will work with employers to find a good solution. But we must protect the rights given to U.S. citizen workers by CNMI law.”

Employers are required to give the department 60 days advance notice of any layoffs, so the department can ensure that U.S. citizen employment rights are protected and foreign worker transfers are arranged.

An employer who has laid off foreign workers is barred from hiring any on island foreign workers in the O-Net job classification from which workers were laid off, and is barred for six months from hiring any off-island foreign workers.

An employer who lays off U.S. citizens before laying off foreign workers in the same job classifications is subject to the revocation of foreign worker employment contracts. (PR)