Vol. 35 No.47
       ©2007 Marianas Variety
Monday, May 21, 2007 www.mvariety.com
Serving the CNMI for 35 years
 


© 2007 Marianas Variety
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Gov’t to change labor law, again

By Gemma Q. Casas
Variety News Staff

A GROUP of lawmakers began a series of meetings on Thursday to discuss changes to the CNMI’s frequently changed labor law.
The 63-page House Bill 15-38 is backed by the administration and will be introduced by Rep. Cinta M. Kaipat, Covenant-Saipan.
The bill states that citizens and permanent residents of the Northern Marianas should be given maximum employment opportunities in the CNMI, whose minimum wage rate has been $3.05 an hour since 1996.
Current labor law supposedly gives preferential treatment to local applicants. But most local residents prefer to work for the CNMI government, which pays much more than the private sector.
Under the bill, a foreign worker will only be allowed to bring in family members to the CNMI if he or she can submit proof of earnings in excess of the federal poverty guidelines.
The bill will supersede Public Law 15-45 which waives the two-year prior experience requirement for foreign nursing graduates of Northern Marianas College, “but shall preserve its purpose and intent.”
According to the bill, “The overall guiding policy that should be embodied in this legislation with respect to foreign national workers is to provide for a stable work force and protect due process rights without creating entitlements.”
The bill proposes to establish occupational categories and minimum standards of qualification for job positions to ensure that graduates of NMC are given preference in the local workforce.
During the initial discussion in the House chamber, stripping foreign workers of benefits such as medical insurance and housing were suggested should they receive wages that are 150 percent higher, or $5.50 per hour, than the CNMI hourly minimum wage rate.
“Except as otherwise provided by the laws of the foreign country that issued a passport to the foreign national worker and as recognized by memoranda or other agreements with the commonwealth, employers may but are not required to provide housing, food, transportation and other benefits beyond the medical insurance required under section 4932; and foreign national workers shall not be required by an employer to utilize housing, food, or transportation to or from the worksite provided by the employer,” states H.B. 15-38.
Public hearings on the measure will be held, Variety was told.
Under the bill, the Commonwealth Utilities Corp. will be allowed to contract with manpower services for power plant mechanics and utility technicians only up to Sept. 30, 2008.
From Oct. 1, 2008, the exempted positions will be only available to citizens and permanent residents.
But the bill also allows certain exemptions subject to certain conditions. “A government entity authorized to employ employees other than citizens and permanent residents under this chapter may employ such employees through a direct employment contract with the worker or by a contract for such services with a licensed manpower agency,” it said.