§ 151. Trust Territory Employment Service.
§ 152. Functions and duties of Employment Service.
§ 153. Functions and duties of the chief.
§ 154. Employer’s records.
§ 155. Rules and regulations.
(1) There is hereby established in the Department of Resources and Development a Trust Territory Employment Service.
(2) The Trust Territory Employment Service shall be headed by an employment service officer, who shall report directly to the chief of labor.
(3) The purpose of the establishment of the Trust Territory Employment Service is to create a system of free public employment offices in the Trust Territory for workers seeking employment and for employers seeking workers.
(4) The Trust Territory Employment Service shall have its main office in Trust Territory headquarters, and shall have field offices in each of the administrative districts.
(5) The Trust Territory Employment Service shall have such powers, duties, and functions as may be established by this chapter, other provisions of this code, and the manual of administration of the Trust Territory Government.
For the purpose of this chapter, and without limitations on the scope or extent of powers, duties, or responsibilities vested in it by other provisions of the Trust Territory Code, manual of administration, or order of the High Commissioner, the Employment Service through its employment service officer and district representative shall:
(1) in the placement of workers, assist the chief in determining occupational categories, and, for those occupational categories designated by the chief, perform certification functions regarding minimum standards of qualifications and minimum wage requirements;
(2) conduct continuing surveys of manpower needs, assist in preparing training programs, and recommend other measures for alleviating shortages and reducing the need for nonresident workers;
(3) oversee, monitor, and review the use of alien workers and all matters related thereto, including but not limited to the following: health, safety, meals, lodging, salaries, working hours and conditions, and specific contractual provisions for labor services;
(4) regulate the recruitment of FSM citizens for employment outside the FSM, by promulgating regulations establishing a system of registration of recruiters and by establishing minimum requirements for overseas employment contracts;
(5) conduct such investigations as may be necessary to fulfill the provisions of this section and such other duties as may be required by the chief.
For the purposes of this chapter, and without limitations on the scope or extent of powers, duties, or responsibilities vested in him by other provisions of this code, manual of administration, or order of the High Commissioner, the chief and his district representative shall:
(1) enforce the provisions of this chapter and the agreements which the chief enters into with employers concerning the employment of nonresident workers, including the performance of investigatory functions as appropriate thereto;
(2) require that employers accept such agreements or conditions for the payment of wages or benefits to nonresident workers as the chief shall determine to be necessary and consistent with the policy and purposes of this chapter and any such agreements or conditions agreed to by an employer shall be legally enforceable in the courts of the Trust Territory, upon action taken by an aggrieved employee or in his behalf by the chief or his district representative. In any such action taken by the chief or his district representative on behalf of an aggrieved employee, the chief or his district representative shall be represented by the Office of the Attorney General of the Trust Territory;
(3) establish occupational categories for the occupations to which this chapter is applicable, and, when the chief deems it necessary or desirable, establish minimum standards of qualification procedures, and minimum wage requirements for workers in certain occupational categories;
(4) supervise the employment service in furtherance of the objectives of this chapter and in the effectuation of the provisions of this chapter.
Each employer hiring employees in the Trust Territory shall keep and present immediately upon demand of the chief or his district representative and quarterly to the chief and to his district representative up-to-date records with the following information:
(1) the name, address, age, and legal residence of each of his employees;
(2) the classification and wage rate of each of his employees;
(3) payrolls showing the number of hours worked each week, the compensation earned, and deductions made for each of his employees;
(4) the educational and experiential backgrounds of each of his nonresident employees (to be provided but once by an employer for each nonresident employee working in the Trust Territory);
(5) the number of employment related accidents, name of the injured, and disposition by the employer of the injured employee;
(6) the number and types of illnesses by alien workers, the treatment and disposition of the alien worker, and whether hospitalization was required;
(7) the citizenship, country of origin, and expiration date of entry permit of each alien worker employed; and
(8) a copy of the nonresident workers agreement authorizing the hiring of the alien worker in question.
The chief, subject to approval by the High Commissioner, shall promulgate rules and regulations necessary or appropriate to effectuate the provisions of this chapter. Such rules and regulations shall become effective immediately, or on the date which the chief shall determine, and shall have the force and effect of law.