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Transfer the Bureau of Labor and Human Resources to the Ministry of Justice, RPPL No. 9-14 2013

PALAU

First Special Session, March 2013
RPPL No.9-14
Passed as Senate Bill No. 9-36, SD2, HD4, CD1, PD1

AN ACT

To transfer the Bureau of Labor and Human Resources to the Ministry of Justice; to forgive all prior years' balances owed by states to the Republic for revenue derived from administration of public lands, and for other related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1.  Legislative Findings.  The Olbiil Era Kelulau finds that the process through which employers hire foreign labor is inefficient and not cost effective. Efforts are duplicated by the Division of Labor and the Bureau of Immigration. These functions should be moved to the Ministry of Justice in order to allow for a more streamlined system in place to hire foreign labor.

Section 2.  Amendment.  30 PNC § 103 is hereby amended as follows:

"103.  Definitions.

(a)  . . .

(b)  "Director" means the Director of the Bureau of Labor and Human Resources within the Ministry of Justice.

(c) . . ."

Section 3.  Amendment.  2 PNC § 105 is hereby amended as follows:

"§ 105. Functions of Ministry of Justice.

(a)  The Ministry of Justice shall be responsible for providing legal services to the national government and its agencies and political subdivisions, promoting and protecting the safety and peace of the public, maintaining order, enforcing all laws, labor, and related matters.

(b)  There is hereby established a Bureau of Labor and Human Resources, under the Ministry of Justice, which shall be responsible for labor and the effective utilization of human resources.  The Bureau of Labor and Human Resources shall have all of the powers, duties, and responsibilities of the former Division of Labor and the former Bureau of Human Resources and Development; and the Bureau of Labor and Human Resources shall follow the rules and regulations promulgated by the former Division of Labor.  The Bureau of Labor and Human Resources may amend the current Labor rules and regulations, in accordance with 6 PNC Chapter 1, to properly carry out its duties and responsibilities."

Section 4. Amendment. 2 PNC § 121 is hereby amended as follows:

"§ 121. Functions of Ministry of Natural Resources, Environment, and Tourism.

(a)  The Ministry of Natural Resources, Environment, and Tourism shall be responsible for the promotion, exploration, exploitation, development, and management of the natural resources of the Republic, including marine and fisheries, agriculture, aquaculture, forests, mineral and other land-based and ocean-based resources; as well as the promotion and development of tourism, and the protection and management of the environment; and for other related matters.

(b) . . .

. . ."

Section 5.  Amendment.  30 PNC § 143 is amended as follows:

"§ 143.  Director; functions and duties.

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, the manual of administration, or order of the President, the Director shall:

(a)  enforce the provisions of this chapter and the agreements which the Director enters into with employers concerning the employment of nonresident workers, including to arrest, detain, deport, investigate, interview, search and seize, and all other police functions as appropriate.

(b)  . . .

(c)  . . . 

(d) . . ."

Section 6.  Amendment.  30 PNC § 164 is amended as follows:

"§ 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 Director shall determine whether the employment of such nonresident workers will be in the best interest of the Republic, shall determine under what conditions the employer should be authorized to hire nonresident workers for those positions, and for each authorized nonresident worker shall issue an employment permit and identification certificate valid for a maximum period of two years, subject to renewal for further periods of two years employment of the worker with the same employer.  A nonresident worker shall be ineligible for employment by any other employer in the Republic for five years following the date of termination of any previous employment in the Republic, unless the nonresident worker meets the requirements below.  For purposes of this section, this provision shall not apply to spouses of Palauan citizens employed as nonresident workers.

A nonresident worker maybe eligible for employment by another employer for the duration of the term in his or her contract, and any eventual renewal after the duration of the term if applicable, but only if the nonresident worker is otherwise eligible to be hired by another employer, the nonresident worker provides proof of clearance from the Social Security Office and the Ministry of Finance that the applicant is current in payment of taxes and benefits, and any subsequent contract with another employer is registered with the Bureau of Labor and Human Resources prior to the beginning of employment, and:

(1)  his or her current employer has died and the employer's legal successor agrees to retain the employment of the nonresident worker; or

(2)  his or her current employer sells the company or business that the nonresident worker is employed at or otherwise transfers the management of the company or business that the nonresident worker is employed at to another employer, and the seller or transferor and the buyer or transferee agree that the buyer or transferee shall retain the nonresident worker as an employee, or when a sole proprietor incorporates the business that the nonresident worker is employed at; or

(3)  his or her employer is found guilty by a court of law for any crime where the nonresident worker, or a dependent of the nonresident worker, is a victim; or

(4)  the business dissolves; or

(5)  his or her current employer has been a registered business with the Bureau of Revenue and Taxation for not less than five (5) years and the employer permanently leaves the Republic during the duration of the term of the employment contract and such worker has been determined by the Director to be abandoned; or if a current employer is not a business, but is a resident of the Republic for not less than five (5) years, and such employer leaves the Republic during the duration of the term of the employment contract and such worker has been determined by the Director of Labor to be abandoned; or

(b) . . .

(c)  . . ."

Section 7.  Amendment. 30 PNC §165(c) is hereby amended as follows:

"§165.  Non resident employment agreements.

(a) . . .

(b) . . .

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

(1) . . .

(2) . . .

(3) . . .

(4) . . .

(5)  a statement of the employer's responsibility for return transportation to the place of origination of each nonresident worker so employed, except that the employer and employee may agree in the employment contract that a certain portion of the nonresident worker's wages be withheld to cover transportation costs back to the point of origin; provided, that the amount withheld shall not exceed 100% of the actual cost of the return leg of the trip and the amount withheld shall be refunded to the nonresident worker at the completion of the employment contract or when the employee is terminated without cause; this contract provision shall apply to all contracts for nonresident workers, regardless of whether the nonresident worker is brought into the country by the employer, transferred to the employer, or is otherwise lawfully in the Republic when hired by the employer;

(6) . . .

(7)  a statement that the nonresident worker shall be ineligible for employment by any other employer within the Republic for a period of five (5) years following the termination or expiration for the nonresident worker's agreement."

Section 8.  Amendment.  30 PNC § 168 is amended as follows:

"§ 168.  Nonresident work permit requirements.

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

(1) . . .

(A) . . .

(B) . . .

(C) . . .

(2) . . .

(A) . . .

(B) . . .

(C) . .

(D) . . .

(E) . . .

(F) . . .

(G) . . .

"(b)  Nonresidents already present in the Republic may apply to the Director for a new or renewal Visa in the same manner and under the same terms and conditions as for an applicant from outside of the Republic, in accordance with this subsection.  Persons present in the Republic pursuant to a tourist, visitor, resident, spouse, dependent, government, or missionary visa, or legally in Palau without a visa, who desire to remain in the Republic for employment, may change their status to a worker visa while remaining in the Republic but only for employment at a position that requires skilled labor and such unskilled labor as defined by regulation depending on the labor needs of the Republic.  A nonresident seeking to change status in accordance with this section will be required to pay a change of status fee, which will be set by regulation, in addition to meeting all other requirements."

Section 9.  Amendment.  Title 30 of the Palau National Code is hereby amended as follows: As of the Effective Date of this Act, all references to "Chief" in Title 30 of the Palau National Code shall hereby be amended to say "Director".

Section 10.  Amendment.  Sections 102 of Chapter 1 of Title 13 is hereby amended as follows

"§ 102. Definitions.

In this title:

(a)  "Available" means able to be on the island on which the employer desires workers on the date the employer states the workers are desired.

(b)  "Bureau" means the Bureau of Immigration and Foreign Labor within the Ministry of Justice.

(c)  "Citizen of any other nation" means any natural person who is not a citizen of the Republic.        

(d)  "Director" means the Director of the Bureau of Immigration and Foreign Labor within the Ministry of Justice        

(e)  "Employer" means any individual, partnership, association, or corporation hiring employees in the Republic and any individual who has in his employ a domestic servant, but does not include any branch or agency of the national government.   

(f)  "Employment service" means the employment service established under this title.        

(g)  "Employment service officer" means the official who is the head of the employment service established under this title.        

(h)  "Naturalization" means the conferring of citizenship upon a person after birth, pursuant to this chapter.        

(I)  "Of recognized Palauan ancestry" means of Palauan blood as may be determined by testimony or evidence admissible in a court of law.        

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

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

(l)  "Special mail" means certified mail if the addressee is located in the Republic, in the United States or in what has become known as the Trust Territory of the Pacific Islands and means registered return receipt requested if the addressee is located anywhere else in the world.  The term "is located" means the last known address.        

Section 11.  Amendment.  Chapter 10 of Title 13 is hereby amended to reflect the new "Foreign Labor" subchapter as follows:

"DIVISION 2

IMMIGRATION

Chapter 10

Subchapter I

Immigration Control"        

Section 12.  Amendment.  As of the Effective Date of this Act, in Chapter 10 of Title 13 and where relevant in the Palau National Code, all references to the "Bureau of Immigration" shall hereby be amended to say "Bureau of Immigration and Foreign Labor"; all references to the "Director of Immigration" shall hereby be amended to say now the "Director of Immigration and Foreign Labor"; and all references to "Immigration Officers" shall hereby be amended to say "Immigration and Foreign Labor Officers".        

Section 13.  Amendment.  Section 1002 (b) and (c) of Chapter 10 of 13 PNC is hereby amended as follows:

"§ 1002.  Entry permits; required; issuance.        

. . .        

(b)  Entry permits to visit or reside in the Republic shall be issued in accordance with this title and regulations issued pursuant thereto by the President.        

(c)  Entry may be issued in conjunction with a nonresident worker's identification certificate issued under the provisions of this Chapter.  Entry permits issued under the provisions of this subsection shall carry the notation that they are issued in conjunction with a nonresident workers' identification certificate, and shall expire upon the date on which such nonresident workers' identification certificate expires."        

Section 14.  Amendment.  Chapter 10 of Title 13 is hereby amended to reflect that 30 PNC Chapter 1, Subchapter 1, §102 "Statement of Policy" is hereby re-codified as §1020 of Chapter 10 of Title 13; and 30 PNC Chapter 1, Subchapter II "Application of Chapter" as amended by this Act, is hereby re- codified as §1021 to §1024 of Chapter 10 of Title 13, with a title as follows:

"Division 2

Chapter 10

Subchapter II

Foreign Labor

Part I

Application of Subchapter"

Section 15.  Amendment.  Chapter 10 of Title 13 is hereby amended to reflect that 30 PNC §125 "Minimum Wage" as amended by RPPL 9-1 is hereby re-codified as §1024 of Chapter 10 of Title 13, as follows:        

"§1025.  Minimum wage.        

. . .        

Section 16.  Amendment.  Chapter 10 of Title 13 is hereby amended to reflect that 30 PNC Chapter 1 Subchapter III "Administration of Chapter", as amended by this Act, is hereby re-codified as §1031 to §1036 of Chapter 10 of Title 13, with a title as follows:

"Part II

Administration of Subchapter"        

Section 17.  Amendment.  Chapter 10 of Title 13 is hereby amended to reflect that 30 PNC Subchapter IV "Hiring of Nonresident Workers", as amended by this Act, is hereby re-codified as §1041 to §1054 of Chapter 10 of Title 13, with a title as follows:

"Part III

Hiring of Nonresident Workers"        

Section 18.  Amendment.  Chapter 10 of Title 13 is hereby amended to reflect that 30 PNC Division 2 Subchapter V "Enforcement of this Chapter", as amended by this Act, is hereby re-codified as §1061 to §1068 of Chapter 10 of Title 13, with a title as follows:

"Part IV

Enforcement of this Subchapter"        

Section 19.  Amendment.  Chapter 10 of Title 13 is hereby amended to reflect that 30 PNC Chapter 2 "Nonresident Workers' Health Certificates" is hereby re-codified as §1071 to §1077 of Chapter 10 of Title 13, with a title as follows:

"Part V

Nonresident Workers' Health Certificates"        

Section 20.  Amendment.  Title 33 is hereby amended to create a new "Division

4" as follows:

"Division 4.

Chapter 1

Citizen Job Placement.        

§3001.  Purpose and Policy. The purpose of this Division is to create an effective system to strengthen Palau's citizen labor pool by transferring the tasks of human resources and job placement of all interested citizens from the existing Bureau of Labor and Human Resources to be under the direction of the Director of the Bureau of Public Service System.  The Olbiil Era Kelulau finds that the System of personnel administration under the Ministry of Finance is an efficient system and would be most appropriate to assist all citizens interested in building their career both in the public sector as well as the private sector.        

§3002.  Citizen Job Placement Office.  There is hereby established a Citizen Job Placement Office that shall provide free public employment services for citizen workers seeking employment.  This Office shall be headed by an employment officer that reports directly to the Director of the Bureau of Public Service System.        

§3003.  Rules and Regulations.  The Director of the Bureau of Public Service System shall promulgate rules and regulations necessary to implement this Act."        

Section 21.  Amendment.  Title 33 is hereby amended to reflect that 30 PNC Chapter 3 "Labor Development" is hereby re-codified as §3011 to §3016, with a title as follows:

"Chapter 2

Labor Development"        

Section 22.  Amendment.  Amend Title 33 to reflect that 30 PNC Chapter 4 "Hazardous Jobs" is hereby re-codified as §3021 to §3022, with a title as follows:

"Chapter 3

Hazardous Jobs"        

Section 23.  Amendment.  Title 33 is hereby amended to reflect that 30 PNC Chapter 5 "Disabled Person's Anti-Discrimination Act" is hereby re-codified as §3031 to §3039, with a title as follows:

"Chapter 4

Disabled Person's Anti-Discrimination Act"        

Section 24.  Transition.  The Ministry of Justice, the Ministry of Natural Resources, Environment and Tourism, and the Ministry of Finance shall have sixty (60) days after the Effective Date of this Act to promulgate new or amended rules and regulations as necessary to implement this Act.        

Section 25.  Repeal.  Title 30 of the Palau National Code shall hereby be repealed in its entirety upon the complete transition of the Bureau of Labor and Human Resources to the Ministry of Justice and the Ministry of Finance in accordance with this Act.        

Section 26.  Effective Date.  This Act shall take effect upon its approval by the President of the Republic, or upon becoming law without such approval, except as otherwise provided by law.

PASSED:                                  
Approved this   28th   day of    August     , 2013.

/s/

HE Tommy E. Remengesau, Jr.
President
Republic of Palau