(1) It shall be unlawful for any nonresident worker admitted into the Trust Territory under the provisions of this title to engage in any other employment for compensation or for profit other than for the employer who has contracted with the Chief for the employment of such nonresident worker in the Trust Territory, except in accordance with the provisions of this section.
(2) A nonresident worker who is under a labor contract with an employer may work for or be employed by a second employer during the term of such contract if all of the following conditions are met:
(a) the nonresident worker has filed an “Application for Permission to Engage in Additional Employment for Compensation or Profit” with the Chief, which application shall be in the form required by the Chief in regulations issued pursuant to section 102(1) of title 17 of this code;
(b) the original employer and the prospective second employer have entered into a “Contract for Services” whereby the first employer agrees to allow the second employer to use the services of the nonresident worker. Such contract shall be filed with the Chief and shall contain, at a minimum, such provisions as the Chief shall, by regulation, require; and
(c) the second employer has met all of the requirements of this chapter for hiring nonresident workers and has paid a fee, the amount of which shall not be less than $1,000 and shall be set forth in regulations issued pursuant to section 102(1) of title 17 of this code.
(3) Any employment of the nonresident worker in a manner not provided for by this section shall constitute sufficient ground and cause for deportation and the chief of the Division of Labor shall communicate to the Secretary of the Department of Justice any violation of this section and the Secretary shall institute deportation proceedings against the alien worker if in the opinion of the District Administrator such would be in the best interest of the public.
(4) Violation of the provisions of this section by an employer or nonresident worker shall also be subject to penalties prescribed by section 167 of this chapter.
Cross-reference: The statutory provisions on Administrative Procedure are found in title 17 of this code.
Editor’s note: In subsections (2)(a) and 2(c), “of the Code of the Federated States of Micronesia” is replaced by “of this code” for format consistency.
(1) A nonresident worker who is under a labor contract with an employer shall not change his employer during the term of such contract, except in accordance with the provisions of this section.
(2) Before a nonresident worker can work for or be employed by an employer different than his previous employer, he shall first be required to apply for a permit reflecting his change of employment and pay a fee, except that citizens and nationals of the United States, for the duration of the Compact of Free Association, and citizens and nationals of the Republic of the Marshall Islands or the Republic of Palau shall not be required to pay a fee.
(3) The amount of the fee required by subsection (2) of this section, which shall not be less than $1,000, and the circumstances under which a change in employment status may be granted shall be set forth in regulations issued pursuant to section 102(1) of title 17 of this code. Fees collected as a result of this section shall be deposited into the fund established by section 113 of title 50 of this code.
Cross-reference: The statutory provisions on Administrative Procedure are found in title 17 of this code. Section 113 of title 50 (Immigration) is on Entry Permit Revolving Fund.
Editor’s note: In subsection (3), “of the Code of the Federated States of Micronesia” is replaced by “of this code” for format consistency.