What are the few decisive professional characteristics of the pathway: occupation, qualifications, experience, salary, skill level, shortage status, labour-market condition or equivalent?
An alien worker's permit is issued on compliance with all national laws on private or governmental employment, for the period of employment authorised by contract. Under Title 51, chapter 1 (Protection of Resident Workers Act), no employer may employ a nonresident worker except in strict accordance with that chapter (temporary employees of up to 90 days excepted). Resident workers have preference in any industry or occupation for which they are qualified and available, and nonresident workers are employed only to supplement them: the vacancy must first be advertised for 30 days, and nonresident hiring is considered only for positions for which the Employment Service finds no occupationally qualified resident worker available. Each nonresident worker must show, by sworn affidavit, at least two years' experience in the line of work for which he is being hired.
See recorded sources
Limits of the record- The 2014 codification may not reflect later amendments; whether national Title 51 procedures or state labour laws are applied in practice was not verified.
- § 103(6)
(6) An alien worker’s permit shall be issued to a noncitizen entering the Federated States of Micronesia upon compliance with all National laws relating to private or governmental employment for the period in which the employment of the alien worker is authorized by contract. The permit shall be renewed upon extension or renewal of the alien’s lawful employment status.
- § 121(1)
(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 90 days.
- § 114
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.
- § 133(4)
(4) 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 no resident workers are available.
- § 139(1)
(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
