Micronesia: Title 51, Chapter 1 - Protection of Resident Workers
|Publisher||National Legislative Bodies / National Authorities|
|Cite as||Micronesia: Title 51, Chapter 1 - Protection of Resident Workers [Federated States of Micronesia], 1982, available at: http://www.refworld.org/docid/3ae6b4f628.html [accessed 26 November 2015]|
|Comments||This is the official text as published in the Code of the Federation States of Micronesia 1982 edition.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Provisions of this act formerly codified at 49 TTC 3(2), 49 TTC 16, and 49 TTC 18(2) in the 1980 edition of the Trust Territory Code have been deleted from this edition as obsolete.
CHAPTER 1 Protection of Resident Workers
Subchapter I General Provisions
This chapter is known and may be cited as the "Protection of Resident Workers Act." (PL 3C-44 § 1; Code 1970 49 TTC 1; Code 1980 49 TTC 1)
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. (PL 3C-44 § 3; Code 1970 49 TTC 3; Code 1980 49 TTC 3)
Editor's Note: Subsections rearranged in alphabetical order.
§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 conditions of Trust Territory workers. (PL 3C-44 § 2; Code 1970 49 TTC 2; Code 1980 49 TTC 2)
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. (PL 3C-44 § 4 (part); Code 1970 49 TTC 4 (part); Code 1980 49 TTC 4 (part))
§115.Benefits for resident workers hired by Government contractors.
(1) The Trust Territory Government 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 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. (PL 5-6 § 1; Code 1980 49 TTC 20)
Editor's Note: PL 4C-49 is the Trust Territory Public Service System Act, formerly codified at 61 TTC 1-13, and repealed as to the Federated States of Micronesia by PL 1-47, codified herein at title 52.
Subchapter II Application of Chapter
§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 ninety 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 ninety 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 ninety 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 one hundred eighty days. (PL 3C-44 § 4 (part); Code 1970 49 TTC 4 (part); Code 1980 49 TTC (part))
§122.Application of chapter to employees of Trust Territory 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. (PL 4C-30 § 1; Code 1980 49 TTC 19)
Subchapter III Hiring of Nonresident Workers
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 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. (PL 3C-44 § 8(a); Code 1970 49 TTC 8(1); 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. (PL 3C-44§ 8(b) (part); Code 1970 49 TTC 8(2) (part); PL 4C-29 § 1; 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 thirty days, in the district or districts where such employment is to take place; and
(b)for a period of fifteen 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 thirty day 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. (PL 3C-44 § 8(b) (part), (c); Code 1970 49 TTC 8(2) (part), (3); PL 4C-29 §§ 1, 2; 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. (PL 3C-44 § 8(b) (part); Code 1970 49 TTC 8(4) (part); 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 or 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 that 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 transporation 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 worker's agreement which authorized his employer to hire him. (PL 3C-44 § 8(d) (part), (e), (f) (part); Code 1970 49 TTC 8(4) (part), (5), (6) (part); 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. (PL 4C-42 § 1; 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 sixty 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 sixty days from such date. (PL 4C-42 § 1; PL 5-76 § 1; 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. (PL 3C-44 § 8(f) (part); Code 1970 49 TTC 8(6) (part); Code 1980 49 TTC 8(6) (part))
Editor's Note: Subsection (1) of this section is adopted from former 49 TTC 8(6), Code 1980.
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. (PL 5-84 § 1; Code 1980 49 TTC 8(7))
Subchapter IV Employment Status of Nonresident Workers
§141.Outside employment for compensation prohibited.
(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 employment of such nonresident worker in the trust Territory.
(2)Any employment of the nonresident worker in the manner prohibited under this section shall constitute sufficient ground and cause for deportation and the chief of the Division of Labor shall communicate to the Attorney General any violation of this section and the Attorney General 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.
(3)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 title. (PL 4C-77 § 1; Code 1980 49 TTC 17)
§142.Change of employment.
No nonresident worker who is under a labor contract with an employer shall work for or be employed by any other employer or the Trust Territory Government during the term of such contract, unless the employer to whom the employee is under contract has first filed with the chief a written release and consent to such employment. (PL 5-84 § 2; Code 1980 49 TTC 8(8))
Subchapter V Administration of Chapter
§151.Trust Territory Employment Service.
(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. (PL 3C-44 § 5; Code 1970 49 TTC 5; Code 1980 49 TTC 5)
§152.Functions and duties of Employment Service.
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)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. (PL 3C-44 § 7; Code 1970 49 TTC 7; PL 4C-46 § 2; Code 1980 49 TTC 7)
§153.Functions and duties of 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. (PL 3C-44 § 6; Code 1970 49 TTC 6; PL 4C-46 § 1; Code 1980 49 TTC 6)
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. (PL 3C-44 § 9; Code 1970 49 TTC 9; PL 4C-46 § 3; Code 1980 49 TTC 9)
§155. Rules and regulations.
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. (PL 3C-44 § 13; Code 1970 49 TTC 13; Code 1980 49 TTC 13)
Subchapter VI Enforcement of Chapter
§161.Authorization to conduct hearings and investigations.
(1)The chief or his district representative is hereby authorized to conduct hearings or investigations as he may deem appropriate and necessary to enforce the provisions of this chapter.
(2)In connection with such hearings or investigations, the chief or his district representative may subpoena witnesses, records, and documents. (PL 3C-44§ 10(a); Code 1970 49 TTC 10(1); PL 4C-46§ 4 (part); Code 1980 49 TTC 10(1))
§162.Procedure for hearings and investigations.
(1)The chief or his district representative shall upon a sworn affidavit by a person that a violation of this chapter or any rule or regulation issued thereunder has occurred, investigate all complaints, and he shall have the power to schedule a public or closed hearing as he may deem appropriate under the circumstances.
(2)Adequate notice shall be given to all parties involved in the controversy or investigation should a hearing be scheduled, and opportunity shall be made available to them to present such evidence as they may desire.
(3)The district representative of the chief upon conclusion of his investigation or hearing shall have the power to issue an order disposing of the matter. Such order shall be in force and effect until modified, sustained, or repealed by the chief who shall review within thirty days all investigations and hearings conducted on a district level (PL 3C-44 § 10(b); Code 1970 49 TTC 10(2); PL 4C-46 § 4 (part); Code 1980 49 TTC 10(2))
§163.Petition to Court for enforcement.
(1)The chief may petition the Trial Division of the High Court of the Trust Territory for the enforcement of an order issued under the provisions of this chapter, and the appropriate temporary relief or restraining order.
(2)The chief shall file in the Court a transcript of the records in the proceedings, including, where appropriate, the pleading and testimony upon which the order was entered and the findings and order of the chief.
(3)Upon such filing, the Court shall cause notice to be served upon the person against whom the order is directed. Thereupon the Court shall have jurisdiction of the proceeding and may grant such temporary relief or restraining order as it shall deem just and proper, or issue a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part, the order of the chief.
(4)In all such actions the chief shall be represented by the Office of the Attorney General of the Trust Territory. (PL 3C-44 § 10(c); Code 1970 49 TTC 10(3); PL 4C-46 § 4 (part); Code 1980 49 TTC 10(3))
§164.Appeals to chief.
Anyone aggrieved by a decision of the Employment Service in the implementation of this chapter, or by a decision of the chief in the implementation or enforcement of this chapter, may appeal such decision to the chief within ten days after he received notice of such decision. In connection with such appeal, he shall be entitled to a public hearing, and may be represented in person or by counsel of his choice. Within ten days after such hearing, the chief shall give notice to the appellant of his findings, and issue an order disposing of the matter. (PL 3C-44 § 11; Code 1970 49 TTC 11; Code 1980 49 TTC 11)
§165.Appeals to Court.
(1)Anyone aggrieved by an order of the chief issued under the provisions of sections 162 or 164 of this chapter may appeal the order to the Trial Division of the High Court of the trust Territory within ten days following the date of the order.
(2)The commencement of any proceedings in any court shall not operate as a stay of compliance with any provisions of this chapter, or any rules, regulations, or orders issued hereunder.
(3)All findings, decisions, or orders by the chief on questions of fact shall be deemed final if supported by substantial evidence. (PL 3C-44 § 12; Code 1970 49 TTC 12; Code 1980 49 TTC 12)
In addition to any of the other penalties prescribed by this chapter, the Attorney General may bring action in the Trial Division of the High Court of the Trust Territory to enjoin violations of the provisions of this chapter or any of the rules and regulations issued pursuant thereto. (PL 3C-44 § 15; Code 1970 49 TTC 15; Code 1980 49 TTC 15)
§167.Penalties for violation of chapter.
(1)Any employer who willfully violates any of the provisions of this chapter or any of the rules and regulations issued pursuant thereto shall, upon conviction thereof, be fined not more than $2,000, or imprisoned for not more than six months, or both.
(2)Any nonresident worker who fails to comply with the provisions of section 138(3) of this chapter shall, upon conviction thereof, be fined not more than $50, or imprisoned for not more than five days, or both. (PL 3C-44 § 14; Code 1970 49 TTC 14; Code 1980 49 TTC 14)
§168.Penalties for violation of section 115.
Any contractor who violates any provision of a Government contract containing the requirements imposed by section 115 of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to a fine of $1,000, and shall also be ordered to pay reasonable expenses for transportation, lodging, and board to any employee entitled thereto to whom it was not so furnished. (PL 5-6 § 2; Code 1980 49 TTC 12)
CHAPTER 2 Nonresident Workers' Health Certificates
§201.Statement of policy.
(1)It is the Policy of the Trust Territory Government to insure the health of its citizens, and to prevent the overtaxation of its medical and hospital facilities and personnel in the care and treatment of non-Trust Territory citizens who arrive in the Trust Territory in a condition of ill health.
(2)To this end, it shall be the practice of the Trust Territory Government, in accordance with the terms of this chapter:
(a)to require each nonresident worker and each member of his family entering the Trust Territory to have in his possession a certificate of freedom from contagious disease;
(b) to conduct a physical examination of every entrant into the Trust Territory who holds an entry permit for employment in the Trust Territory; and
(c)to revoke such entry permit upon a showing that the continued presence of such person in the Trust Territory would violate the statement of intent in this section. (PL 5-45 § 1; Code 1980 49 TTC 51)
(1)In addition to any other requirements contained in this title or title 50 of this code, every person admitted to the Trust Territory for employment under the provisions of chapter 1 of this title and every person admitted to the Trust Territory as a member of the family of such person shall have in his possession, and thereafter shall keep in his possession, a certificate of freedom from communicable diseases.
(2)Such certificate shall be executed and validated not more than thirty days preceding the date of entry of such person into the Trust Territory by a physician licensed to practice medicine in the country of origin of that person. (PL 5-45 § 2; Code 1980 49 TTC 52)
§203.Physical examination required.
Within ten days after his entry into the Trust Territory, each holder of an entry permit which authorizes such person to enter the Trust Territory for the purpose of employment and each member of the family of such person shall be subject to a physical examination to be conducted by or under the auspices of the Department of Health Services. The cost of such physical examination shall be borne by the entry-permit holder. (PL 5-45 § 3; Code 1980 49 TTC 53)
§204.Notification to High Commissioner of reasons for rejecting permit holder.
(1)The director of the Department of Health Services shall, within a reasonable time after the completion of the physical examination required in section 202 of this chapter, notify the High Commissioner as to any medical reasons why the entry-permit holder or the member of the family of the entry-permit holder should not be allowed to remain in the Trust Territory, if any, and shall state the basis of his judgment.
(2)No such notification shall be made if the continued presence of the entry-permit holder or the member of the family of the entry-permit holder in the Trust Territory would not, in all medical probability, result in substantial danger to the health of the inhabitants of the Trust Territory or in a need for prolonged medical care and treatment while in the Trust Territory.
(3)Such notification shall be made upon any positive finding of any contagious disease, including any social disease. (PL 5-45 § 4; Code 1980 49 TTC 54)
§205.Revocation of entry permit.
Upon notification from the director of Health Services to the High Commissioner as provided in section 203 of this chapter, the High Commissioner shall revoke the entry permit of the entry-permit holder or the member of his family in question on the grounds that his continued presence in the Trust Territory would not be in the best interests of the Trust Territory. (PL 5-45 § 5; Code 1980 49 TTC 55)
§206.Penalties for violation of chapter.
Failure by a nonresident worker to have the certification required by section 202 of this chapter in his possession, or failure to take the physical examination required by section 203 of this chapter within the time prescribed, shall:
(1)be grounds for denial of entry or for revocation of nonresident worker's permit or entry permit; and
(2)constitute a violation of section 167(2) of this title of this code. (PL 5-45 § 6; Code 1980 49 TTC 56)
Editor's Note: The cross-reference in subsection (2) as enacted was to 49 TTC 14(2), which is published in this edition as section 167(2) of this title.
The High Commissioner shall have the power, in the manner which is or may be provided by law, to establish and promulgate regulations not inconsistent with this chapter, and may delegate any or all of his responsibilities under this section to the chief of Immigration, the chief of Labor, the director of Health Services, or any of them. (PL 5-45 § 7; Code 1980 49 TTC 57)
CHAPTER 3 Labor Development
This chapter shall be known and may be cited as the "Micronesia Labor Development Act of 1975." (PL 6-31 § 1; Code 1980 49 TTC 101)
§302.Regional cooperation and exchange of information.
(1)The chief of the Labor Division, Department of Resources and Development, shall initiate and maintain with the several nations of the Pacific area who are participants in the Conference of South Pacific Labour Ministers, through the Department of Labour, Commonwealth of Australia, a program of the periodic exchange of information concerning labor in the Trust Territory, including but not limited to the exchange of information concerning training programs and facilities, applicable legislation and statistics.
(2)The chief shall maintain a file of all information received from other such countries, which shall be compiled and transmitted to the Congress of Micronesia as part of the annual report of the division required by this chapter. (PL 6-31 § 2; Code 1980 49 TTC 102)
§303.Exchange of labor personnel.
The chief of Labor is authorized to explore with other countries of the Pacific Labour Ministers, programs for the exchange of labor-administration personnel for training and experience in the field of labor administration. To this end, the chief is authorized to implement the program by providing for the periodic exchange of division personnel, and for the in-service training of labor-administration personnel from other such countries in the Trust Territory. (PL 6-31 § 3; Code 1980 49 TTC 103)
§304.United States Department of Labor funds and programs.
(1)The chief of the Labor Division is authorized and directed to develop and maintain a list of all programs and services offered by the United States Department of Labor.
(2)He shall transmit copies of the list to the Congress of Micronesia as a part of the annual report of the division required by this chapter, together with a statement as to the advisability of the applicability of each program or service to the Trust Territory and a statement of the current eligibility of the Trust Territory for participation in these programs and services.
(3)He shall take the steps as may be appropriate, upon the request of the Congress of Micronesia, to secure the extension of these programs and services to the Trust Territory. (PL 6-31 § 4; Code 1980 49 TTC 104)
§305.Apprenticeship training program.
(1)Not later than September 1, 1975, the chief of the Labor Division shall submit to the Congress of Micronesia and to the High Commissioner a program for an apprenticeship training program, whereby employers would be reimbursed for a portion of the salary of an apprentice by the Trust Territory Government until these apprentices have been fully qualified in their trade.
(2)This program shall be limited to trades which the chief believes essential to the future development needs of Micronesia, and shall include, but not be limited to, programs in the fields of construction, agriculture, and mechanics.
(3)This program shall include a statement of the funds necessary to implement the program, together with a request for the funds.
(4)To the maximum extent possible, the chief is authorized and directed to seek funding for the program out of the regular operating budget of the division. (PL 6-31 § 5; Code 1980 49 TTC 105)
The chief of the Labor Division shall, not later than January 31 of each year, transmit to the Congress of Micronesia and to the High Commissioner of the Trust Territory a complete report of the activities of the division over the previous year, together with the other information as shall be required by this or other chapters to be included in the report. The report shall also contain recommendations for legislation by the Congress of Micronesia, in particular, legislation devoted to the development of labor skills of citizens of the Trust Territory. (PL 6-31 § 6; Code 1980 49 TTC 106)
§307.Conformance to applicable United States laws.
The chief of the Labor Division shall carry out the provisions of this chapter in conformance with the requirements of part II of the United States Department of Interior Order No. 2918, dated September 27, 1968, as amended, and such other United States laws, orders, and regulations applicable to the Trust Territory. (PL 6-31 § 7; Code 1980 49 TTC 107)