FSMC, TITLE 51.   LABOR

CHAPTER 1
Protection of Resident Workers

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SUBCHAPTER III
Hiring of Nonresident Workers

SECTIONS

§ 131. Application required.
§ 132. Referral of resident workers.
§ 133. Publication of vacancy.
§ 134. Determination to permit employment of nonresident workers.
§ 135. Nonresident employment agreement.
§ 136. Effective date of nonresident employment agreements.
§ 137. Expiration of nonresident employment agreements for failure of performance.
§ 138. Nonresident worker’s identification certificate.
§ 139. Entry requirements.

§ 131. Application required.

Any employer who desires to import alien workers for employment in the Trust Territory shall file an application with the Employment Service stating the place and nature of the employer’s business, the number of workers desired and occupational qualifications of such workers, the wages to be paid such workers, the date on which such workers are desired, the district or districts in which such workers are desired, and any other information the Employment Service may require or which the employer may deem appropriate.

Source: COM PL 3C-44 § 8(a); TT Code 1970, 49 TTC 8(1); TT Code 1980, 49 TTC 8(1).

§ 132. Referral of resident workers.

Upon receipt of an application pursuant to the provisions of section 131 of this chapter, the Employment Service shall first endeavor to fill the job vacancies reported by the employer by referral of qualified resident workers registered with such service and available for employment.

Source: COM PL 3C-44 § 8(b) (part); TT Code 1970, 49 TTC 8(2) (part); COM PL 4C-29 § 1; TT Code 1980, 49 TTC 8(2) (part).

§ 133. Publication of vacancy.

(1) In the event of inability to supply sufficient qualified resident workers pursuant to section 132 of this chapter, the Employment Service shall cause the existence of the vacancies and other applicable information regarding the jobs to be publicized.

(2) The publication shall include notice to its field offices, posting of notice in public places in the districts, the use of radio and newspaper media when appropriate, and such other means as the Employment Service may determine to be feasible.

(3) No nonresident worker shall be permitted to be employed unless such publicity shall have been given:

(a) for a period of 30 days, in the district or districts where such employment is to take place; and

(b) for a period of 15 days, beginning with the sixteenth day after the first day on which the first advertisement was made in the district or districts in which employment is to take place, in all other districts of the Trust Territory.

(4) Upon the expiration of 30 days after the first advertisement by the Employment Service, the employment service officer, upon a finding that there are no occupationally qualified resident workers available to fill all or some of the vacancies applied for, shall notify the chief of those positions for which no resident workers are available.

Source: COM PL 3C-44 § 8(b) (part), (c); TT Code 1970, 49 TTC 8(2) (part), (3); COM PL 4C-29 §§ 1, 2; TT Code 1980, 49 TTC 8(2) (part), (3).

§ 134. Determination to permit employment of nonresident workers.

(1) Upon receipt of notice from the employment service officer of those positions which the employer requires, and for which no resident workers are available, the chief shall determine whether the employment of such nonresident workers will be in the best interests of the Trust Territory, and for what period of time and under what conditions the employer should be authorized to hire nonresident workers for those positions.

(2) Within seven days after the receipt of notice from the employment service officer, he shall notify the employer of his findings.

Source: COM PL 3C-44 § 8(d) (part); TT Code 1970, 49 TTC 8(4) (part); TT Code 1980, 49 TTC 8(4) (part).

§ 135. Nonresident employment agreements.

(1) For those positions for which the chief has determined that nonresident workers may be hired, he shall require that a nonresident employment agreement be entered into between the employer and the Trust Territory Government, which agreement shall authorize the employer to hire nonresident workers.

(2) The agreement shall be signed by the chief, as representative of the Trust Territory Government, and by the employer of his authorized representative.

(3) The agreement shall contain the following provisions, in addition to any other provisions the chief deems necessary in the circumstances:

(a) a statement that the employer requires such nonresident workers for immediate employment;

(b) a statement of the wages the employer is paying or intends to pay the nonresident workers for each occupational classification he is importing an alien to fill;

(c) a statement that the employer agrees to comply with the minimum employment conditions and other requirements consistent with the provisions of this chapter and other applicable laws of the Trust Territory;

(d) a statement of the period of time for which the employer will be allowed to fill each position with a nonresident worker before he must attempt to fill the position with a resident worker by filing a new application with the Employment Service; and

(e) a statement of the employer’s responsibility for return transportation to the place of origin of each nonresident worker so employed.

(4) Upon execution of the agreement required under subsections (1) through (3) of this section, the chief shall notify the Office of Immigration Control.

(5) The chief shall provide each nonresident worker covered by this chapter with a copy of the nonresident workers’ agreement which authorized his employer to hire him.

Source: COM PL 3C-44 § 8(d) (part), (e), (f) (part); TT Code 1970, 49 TTC 8(4) (part), (5), (6) (part); TT Code 1980, 49 TTC 8(4)(part), (5), (6) (part).

§ 136. Effective date of nonresident employment agreements.

In addition to the requirements imposed by section 135 of this chapter, no nonresident employment agreement shall be effective until it has been signed by the District Administrator of the district in which such employment, or the major portion thereof, is to be performed by the nonresident worker in question.

Source: COM PL 4C-42 § 1; TT Code 1980, 49 TTC 18.

§ 137. Expiration of nonresident employment agreements for failure of performance.

Any nonresident employment agreement entered into by the chief of labor with any employer pursuant to the requirements of section 135 of this chapter shall expire 60 days from the date thereof, except as to the employment of any nonresident worker, as defined in this title, who is employed and present in the Trust Territory within 60 days from such date.

Source: COM PL 4C-42 § 1; COM PL 5-76 § 1; TT Code 1980, 49 TTC 22.

§ 138. Nonresident worker’s identification certificate.

(1) The chief shall provide each nonresident worker covered by this chapter with a nonresident worker’s identification certificate.

(2) The identification certificate shall contain the nonresident worker’s name, his employer’s name, his job classification, his legal residence, his country of origin and citizenship, the date of expiration of his entry permit, and the number of the nonresident workers agreement which authorized his employer to hire him.

(3) The nonresident worker shall be required to keep such certificate on his person at all times.

Source: COM PL 3C-44 § 8(f) (part); TT Code 1970, 49 TTC 8(6) (part); TT Code 1980, 49 TTC 8(6) (part).

Editor’s note: Subsection (1) of this section is adopted from former 49 TTC 8(6), TT Code 1980.

§ 139. Entry requirements.

Prior to entry of a nonresident worker into the Trust Territory for employment under the provisions of this chapter, the following requirements shall be met:

(1) Each nonresident worker shall present to the chief or his representative a sworn affidavit, on a form issued by the Trust Territory Government, executed by him, and such other evidence as the chief may require, which indicates a minimum of two years’ experience in the line of work for which he is being hired, marital status, and if married the name of the spouse, number and ages of dependent children, and the addresses of the spouse and dependent children, and that he has not been convicted of a felony or other crime involving moral turpitude; and

(2) The employer of a nonresident worker shall present to the chief or his representative a copy of the nonresident worker’s contract of employment, which shall include a statement of job title, of the duration of the contract, location of work, weekly hours schedule, wage scale for regular and overtime work, any deductions for living costs, and such other information or contractual provisions as required by the chief.

Source: COM PL 5-84 § 1; TT Code 1980, 49 TTC 8(7).