Palau: Title 30, Labor, Chapter 1

Subchapter IV
Hiring of Nonresident Workers

§161.Application required.

Any employer who desires to import nonresident workers for employment in the Republic 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, the wages to be paid such workers, the date on which such workers are desired, the locations in the Republic where such workers are desired, and any other information the employment service may require or which the employer may deem appropriate.

Source

(P.L. No. 4C-29, §§1 and 2; P.L. No. 5-84.) 49 TTC § 8(1), modified.

§162.Referral of resident workers.

Upon receipt of an application pursuant to the provisions of section 161 of this title, 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.

Source

(P.L. No. 4C-29, §§1 and 2; P.L. No. 5-84.) 49 TTC § 8(2), first sentence, modified.

§163.Publication of vacancy; notification of Chief.

(a)In the event of inability to supply sufficient qualified resident workers pursuant to section 162 of this title, the employment service shall cause the existence of the vacancies and other applicable information regarding the jobs to be publicized. The publication shall include posting of notice in public places in the Republic, the use of radio and newspaper media when appropriate, and such other means as the employment service may determine to be feasible. No nonresident worker shall be permitted to be employed unless such publicity shall have been given for a period of 30 days.

(b)Upon the expiration of 30 days 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 nonresident workers are available.

Source

(P.L. No. 4C-29, §§ 1 and 2; P.L. No. 5-84.) 49 TTC § 8(2), except first sentence, and § 8(3), modified.

§164.Determination to permit employment of nonresident workers.

(a)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 Republic, and for what period of time and under what conditions the employer should be authorized to hire nonresident workers for those positions.

(b)Within seven days after the receipt of notice from the employment service officer, the Chief shall notify the employer of his findings.

Source

(P.L. No. 4C-29, §§1 and 2; P.L. No. 5-84.) 49 TTC § 8(4), first and second sentences, modified.

§165Nonresident employment agreements.

(a)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 national government, which agreement shall authorize the employer to hire nonresident workers.

(b)The agreement shall be signed by the Chief, as representative of the national government, and by the employer or his authorized representative.

(c)The agreement shall contain the following provisions, in addition to any other provisions the Chief deems necessary in the circumstances:

(1)a statement that the employer requires such nonresident workers for immediate employment;

(2)a statement of the wages the employer is paying or intends to pay the nonresident workers for each occupational classification he is importing to fill;

(3)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 Republic;

(4)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

(5)a statement of the employer's responsibility for return transportation to the place of origin of each nonresident worker so employed.

(d)Upon execution of the agreement required under this section, the Chief shall notify the Division of Immigration and Customs.

(e)The Chief shall provide each nonresident worker covered by this chapter with a copy of the nonresident workers' agreement which authorized his employer to hire him.

Source

(P.L. No. 4C-29, §§1 and 2; P.L. No. 5-84.) 49 TTC § 8(4), except first and second sentences, (5) and (6) (first sentence), modified.

§166.Expiration of nonresident employment agreements for failure of performance.

Any nonresident employment agreement entered into by the Chief with any employer pursuant to the requirements of section 165 of this title shall expire 60 days from the date thereof, except as to the employment of any nonresident worker who is employed and present in the Republic within 60 days from such date.

Source

(P.L. No. 5-76, § 1.) 49 TTC § 22, modified.

§167.Nonresident worker's identification certificate.

(a)The Chief shall provide each nonresident worker covered by this chapter with a nonresident worker's identification certificate.

(b)The identification certificate shall contain:

(1)the nonresident worker's name,

(2)his employer's name,

(3)his job classification,

(4)his legal residence,

(5)his country of origin and citizenship,

(6)the date of expiration of his entry permit, and

(7)the number of the nonresident workers' agreement which authorized his employer to hire him.

(c)The nonresident worker shall be required to keep such certificate on his person at all times.

Source

(P.L. No 4C-29, §§1 and 2; P.L. No. 5-84.) 49 TTC § 8(6), modified.

§168.Entry requirements.

Prior to entry of a nonresident worker into the Republic for employment under the provisions of this chapter, the following requirements shall be met:

(a)Each nonresident worker shall present to the Chief or his representative a sworn affidavit, on a form issued by the national government, executed by him, and such other evidence as the Chief may require, which indicates:

(1)a minimum of two years' experience in the line of work for which he is being hired,

(2)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

(3)that he has not been convicted of a felony or other crime involving moral turpitude.

(b)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:

(1)the job title,

(2)the duration of the contract,

(3)the location of work,

(4)the weekly hours schedule,

(5)the wage scale for regular and overtime work,

(6)any deductions for living costs, and

(7)such other information or contractual provisions as required by the Chief.

Source

(P.L. No. 4C-29. §§1 and 2; P.L. No. 5-84.) 49 TTC § 8(7), modified.

§169.Outside employment by nonresident worker prohibited; deportation.

(a)It shall be unlawful for any nonresident worker admitted into the Republic under the provisions of this chapter 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 Republic.

(b)Any employment of a nonresident worker in a manner prohibited by this section shall constitute sufficient ground and cause for deportation. The Chief shall communicate to the Attorney General any violation of this section and the Attorney General shall institute deportation proceedings against the nonresident worker if in the opinion of the President such would be in the best interest of the public.

(c)Violation of the provisions of this section by an employer or nonresident worker shall also be subject to the penalties prescribed by section 187 of this title.

Source

(P.L. No. 4C-77, § 1.) 49 TTC § 17, modified.

§170.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 national 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.

Source

(P.L. No. 4C-29, §§1 and 2; P.L. No 5-84.) 49 TTC § 8(8), modified.

§171.Mandatory deportation upon conviction of felony.

Any nonresident worker convicted of a felony, upon said conviction being affirmed on appeal, or following their failure to file a notice of appeal within the time prescribed thereof, shall, following completion of any term of imprisonment imposed by the court, be deported. The cost of such deportation may be ordered to be paid by the nonresident worker or by his employer, at the discretion of the court.

Source

RPPL 2-32 § 1, modified.

Subchapter V
Enforcement of Chapter

§181.Authorization to conduct hearings and investigations.

The Chief or his representative is hereby authorized to conduct hearings or investigations as he may deem appropriate and necessary to enforce the provisions of this chapter. In connection with such hearings or investigations, the Chief may subpoena witnesses, records, and documents.

Source

(P.L. No. 4C-46, §4.) 49 TTC § 10(1), modified.

§182.Procedure for hearings and investigations.

(a)The Chief or his 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.

(b)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.

(c)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 30 days all investigations and hearings conducted.

Source

(P.L. No. 4C-46, §4.) 49 TTC § 10(2), modified.

§183.Petition to court for enforcement of Chief's order.

(a)The Chief may petition the Trial Division of the Supreme Court for the enforcement of an order issued under the provisions of this chapter, and the appropriate temporary relief or restraining order.

(b)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.

(c)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.

(d)In all such actions the Chief shall be represented by the Office of the Attorney General.

Source

(P.L. No. 4C-46, §4.) 49 TTC § 10(3), modified.

§184.Appeals to Chief.

(a)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 10 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.

(b)Within 10 days after such hearing, the Chief shall give notice to the appellant of his findings, and issue an order disposing of the matter.

Source

40 TTC §11, modified.

§185.Appeals to court.

(a)Anyone aggrieved by an order of the Chief issued under the provisions of sections 182 or 184 of this title may appeal the order to the Trial Division of the Supreme Court within 10 days following the date of the order.

(b)The commencement of any proceedings in any court shall not operate as a stay of compliance with any provisions of this chapter, or any rule, regulations, or orders issued hereunder.

(c)All findings, decisions, or orders by the Chief on questions of fact shall be deemed final if supported by substantial evidence.

Source

49 TTC § 12, modified.

§186.Injunctions.

In addition to any of the other penalties prescribed by this chapter, the Attorney General may bring an action in the Trial Division of the Supreme Court to enjoin violations of the provisions of this chapter or any of the rules and regulations issued pursuant thereto.

Source

49 TTC § 15, modified.

§187.Penalties for violation of chapter.

(a)Any employer who wilfully 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 $2,000.00, or imprisoned for not more than six months, or both.

(b)Any nonresident worker who fails to comply with the provisions of section 167 of this title shall, upon conviction thereof, be fined not more than $50.00, or imprisoned for not more than five days, or both.

Source

49 TTC § 14, modified.

§188.Penalties for violation of section 124.

Any contractor who violates any provision of a government contract containing the requirements imposed by section 124 of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to a fine of $1,000.00, 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.

Source

(P.L. No. 5-6, $ 2.) 49 TTC $ 21.