FSMC, TITLE 51.   LABOR

CHAPTER 1
Protection of Resident Workers

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SUBCHAPTER II
Application of Chapter

SECTIONS

§ 121. Compliance with chapter; Exception for temporary employees.
§ 122. Application of chapter to employees of TT government.

§ 121. Compliance with chapter; Exception for temporary employees.

(1) No employer shall employ a nonresident worker except in strict accordance with the provisions of this chapter and rules and regulations issued hereunder, except that the provisions of this chapter shall not apply to temporary employees who are brought into the Trust Territory for a period of time not to exceed 90 days.

(2) If the employer bringing in such temporary employees to the Trust Territory finds that their services are needed for a period of time exceeding 90 days, he may apply to the chief for an extension of the exemption, and the chief may grant such extension for an additional period of time not to exceed 90 days if he finds that the extension is reasonable.

(3) The chief may grant more than one extension, but the total time period, including any extensions, such temporary employee may remain in the Trust Territory under temporary employee status shall not exceed 180 days.

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

§ 122. Application of chapter to employees of TT Government.

Nothing in chapter 1 of this title, known as the Protection of Resident Workers Act, shall be construed to exempt employees of the Trust Territory Government in seeking employment during hours not engaged in the performance of Government employment, and employers other than the Trust Territory Government in hiring such employees or prospective employees, from complying fully with the provisions of such chapter, and such chapter shall be construed to apply to such persons for all purposes, except insofar as rendered inapplicable by a specific provision thereof.

Source: COM PL 4C-30 § 1; TT Code 1980, 49 TTC 19.

Case annotations: Title 51 does not preclude nonresident national government employees from engaging in off-hours, secondary, private sector employment, but simply means that in order to engage in secondary employment nonresident national government employees must comply with its statutory provisions covering the private sector employment of nonresidents. FSM v. Moroni, 6 FSM R. 575, 579 (App. 1994).