FSMC, TITLE 51.   LABOR

CHAPTER 1
Protection of Resident Workers

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SUBCHAPTER I
General Provisions

SECTIONS

§ 111. Short title.
§ 112. Definitions.
§ 113. Statement of policy.
§ 114. Preference.
§ 115. Benefits for resident workers hired by Government contractors.

§ 111. Short title.

This chapter is known and may be cited as the “Protection of Resident Workers Act.”

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

Editor’s note: Provisions of this Act were formerly codified at 49 TTC 3(2), 49 TTC 16, and 49 TTC 18(2) in the 1980 edition of the Trust Territory Code, but were deleted from the 1982 edition as obsolete.

§ 112. Definitions.

For the purposes of this chapter, unless it is otherwise provided or the context requires a different construction, application, or meaning:

(1) “Available” means able to be on the island on which the employer desires workers on the date the employer states the workers are desired.

(2) “Chief” means the chief of the Division of Labor within the Department of Resources and Development.

(3) “District representative” means any district employment service officer, or any other person designated by the chief to act on his behalf in any district in which there is no district employment service officer.

(4) “Employer” means any individual, partnership, association, or corporation hiring employees in the Trust Territory and any individual who has in his employ a domestic servant, but does not include any branch or agency of the Trust Territory Government or of the United States Government.

(5) “Employment service” means the Trust Territory Employment Service established under section 151 of this chapter.

(6) “Employment service officer” means the official who is the head of the Trust Territory Employment Service established under section 151 of this chapter.

(7) “Nonresident worker” means any person who is capable of performing services or labor and who is not a citizen of the Trust Territory or an immigrant alien admitted to the Trust Territory for permanent residence under the provisions of title 50 of this code, including persons acting in a professional, managerial, or executive capacity.

(8) “Resident worker” means any person who is capable of performing services or labor and who is a citizen of the Trust Territory or an immigrant alien admitted to the Trust Territory for permanent residence under the provisions of title 50 of this code, including persons acting in a professional, managerial, or executive capacity.

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

Cross-reference: Title 50 of this code is on Immigration.

Editor’s note: Subsections rearranged in alphabetical order in the 1982 edition of this code. In subsection (8), “of the Code of the Federated States of Micronesia” is replaced by “of this code” for format consistency.

Case annotations: The Title 51 provision barring nonresident workers from gainful employment for other than the employer who has contracted for him does not apply to national government employees because the national government is not an employer for the purposes of Title 51 of the FSM Code and does not contract with the Chief of the Division of Labor for employment of nonresident workers. FSM v. Moroni, 6 FSM R. 575, 578 (App. 1994).

§ 113. Statement of policy.

The Congress of Micronesia finds and declares that it is essential to a balanced and stable economy in the Trust Territory that Trust Territory citizen workers be given preference in employment in occupations and industries in the Trust Territory, and that the public interest requires that the employment of noncitizen workers in such occupations and industries not impair the wages and working condition of Trust Territory workers.

Source: COM PL 3C-44 § 2; TT Code 1970, 49 TTC 2; TT Code 1980, 49 TTC 2.

§ 114. Preference.

Resident workers shall be given preference in employment in the Trust Territory in any industry or occupation for which such workers are qualified and available. Nonresident workers shall be employed only to supplement the labor force of available and qualified resident workers.

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

§ 115. Benefits for resident workers hired by Government contractors.

(1) The Trust Territory shall not enter into any contract whose primary purpose is the construction of any building, airport, road, harbor, or any other thing, unless such contract provides that if the contractor utilizes nonresident labor as defined in this chapter and if such contract provides that if this chapter and if such contractor provides either transportation, lodging or lodging expenses, or room or board expenses to any such employee, then such contractor shall provide the same benefits to resident employees, as defined in this title.

(2) Transportation, lodging or lodging expenses, or room or board expenses need not be provided when a resident employee maintains his principal place of residence within normal commuting distance, as defined by regulations implementing Public Law No. 4C-49, from his place of employment with such contractor.

Source: COM PL 5-6 § 1; TT Code 1980, 49 TTC 20.

Editor’s note: COM PL 4C-49 is the Trust Territory Public Service System Act, formerly codified at 61 TTC 1-13, and repealed as to the FSM by PL 1-47.