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Labor Non-Resident Workers (Amendment) Act 2009

NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS

30TH CONSTITUTIONAL REGULAR SESSION, 2009

BILL NO.: 43
P.L. 2009-24

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LABOR NON-RESIDENT WORKERS (AMENDMENT) ACT 2009
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AN ACT

to amend certain provisions of the Labor (Non-Resident Workers) Act, 2006 relating to repatriation; requirement for ‘exempt’ persons and non-resident workers employed by Government Ministries and Departments; removal orders; and matters related thereto.

ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS

Section 1. Short title.

This Act may be cited as the Labor Non-Resident Workers (Amendment) Act 2009.

Section 2. Amendments.

(i) Section 2 of the Labor (Non-Resident Workers) Act, 2006 is hereby amended by inserting a new provision to read as follows:

§2. Interpretation

“Removal Order” means a Removal Order made under the Immigration Act 2006, and for the purposes of serving or executing any such order, includes any electronically produced copy thereof:

(ii) Section 10(2) of the Labor (Non-Resident Workers) Act, 2006 is hereby amended by inserting a new Subsection 10 (2) (A) to read as follows:

§10(2)(A) Notwithstanding the exemptions granted to persons in Subsection (2), exempt persons are required to comply with registration requirements of the Labor Division in accordance with regulations promulgated under the Act.

(iii) Section 11 of the Labor (Non-Resident Worker) Act, 2006 is hereby amended to read as follows:

§11. Certain persons not eligible for exemption or work permit

(1) Unless there is a special direction to the contrary, no exemption shall apply, and no work permit shall be issued to any person who at any time (whether before or after the commencement of this Act)-

(a) has been convicted of any offence; or

(b) against whom a removal or deportation order under this Act or the Immigration Act 2006 is in force; or

(iv) Section 25 of the Labor (Non-Resident Workers) Act, 2006 is hereby amended to read as follows:

§25. Transfer of employment

(5) Where a bond has been forfeited under subsection (4), it shall be used for the deportation or removal of the non-resident worker from the Republic.

(v) Section 26 of the Labor (Non-Resident Workers) Act, 2006 is hereby amended to read as follows:

§26. Requirement to exit every two years and repatriation the completion of the employment contract

(1) An employer must ensure that every non-resident worker in his or her employment is repatriated to the point of hire at the end of the contract or upon termination or resignation of the non-resident worker.

(2) Failure to comply with the requirement to repatriate or exit may result in the forfeiture of the employer's bond to the Government, and the use of such bond to comply with the requirement under subsection 1.

(3) Notwithstanding the exemption provided under Section 10(2) to Government Ministries and Departments, heads of Government Ministries and Departments shall, in consultation with the Public Service Commission, ensure that non-resident workers are repatriated to the point of hire at the end of their contracts or upon termination.

(vi) Section 56 of the Labor (Non-Resident Workers) Act, 2006 is hereby amended to read as follows:

§56. Labor (Bond) Fund

(3) The Labor (Bond) Fund Account shall be administered by the Secretary of the Ministry of Foreign Affairs and the Secretary of Finance, and shall be applied for the purposes of funding the removal or deportation of any non- resident worker who has –

(a) unlawfully remained in the Republic after his or her work permit has expired: or

(b) breached the conditions of his or her work permit: or

(c) been convicted of any offences under this Act: or

(d) whose employer has beached any of the conditions required by the Act or regulations.

(4) A bond must only be used for the removal or deportation of a non-resident worker to whom that bond attaches, and not in respect of any other person.

(vii) Section 59 of the Labor (Non-Resident Workers) Act, 2006 is hereby amended to read as follows:

§59. Relationship between this Act and other applicable laws

(1) The immigration Act 2006 shall govern the insurance of work visas and procedures for obtaining Deportation or Removal Orders referred to under this Act. Questions arising from or relating to these matters shall be governed by the provision of that Act.

Section 3. Effective Date.

This Act shall take effect on the date of certification in accordance with the Constitution and Rules of Procedures of the Nitijela.

CERTIFICATE

I hereby certify:

(1) That Nitijela Bill No: 43 was passed by the Nitijela of the Republic of the Marshall Islands on the 13th day of May, 2009; and

(2) That I am satisfied that Nitijela Bill No.:43 was passed in accordance with the relevant provisions of the Constitution of the Republic of the Marshall Islands and the Rules of Procedures of the Nitijela.

I hereby place my signature before the Clerk this 5th day of June, 2009.

Attest: