Definitions

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  • For the purposes of this chapter, unless it is otherwise provided or the context requires a different construction, application or meaning—
    • “Commissioner” means the Commissioner of Labor or his authorized representative. “Employment Service” means the Virgin Islands Employment Service. “Minimum recruitment wage” means the wage paid for a particular occupation or skill as determined semiannually by the board after public notice and hearing. In determining the minimum recruitment wage the board shall take into consideration the average wage paid for a particular occupation or skill by the three employers in the Virgin Islands who maintain the highest wage rates, the wage rates which prevail under union contracts, the ability of employers to pay, the cost-of-living appraisals, such wage rates necessary to induce residents to accept the jobs available, and any other pertinent factors; Provided, however, That the rate set by the board shall not exceed the average paid for an occupation or skill by the three employers who maintain the highest wage rates. The initial determination of the minimum recruitment wage shall be made by the board not later than April 15, 1966. Nothing contained herein shall be construed to be applicable in the determination of “wages” for the purpose of claims for unemployment insurance under the provisions of chapter 12 of this title. “Board” means a wage board which is created by section 6 of this title. “Nonresident worker” means any person who is capable of performing services or labor and who is a nonimmigrant alien admitted to the United States under the provisions of section 101(a)(15) (H)(ii), Immigration and Nationality Act (June 27, 1952, c. 477, § 101(a)(15)(H)(ii); 66 Stat. 166(a)(15)(H)(ii); 8 U.S.C. § 1101(a)(15)(H)(ii)), and under the provisions of related sections of such Act. “Resident worker” means any person who is capable of performing services or labor and who is a citizen of the United States or an immigrant alien admitted to the United States for permanent residence under the provisions of the Immigration and Nationality Act, as amended (June 27, 1952, c. 477, § 101 et seq.; 66 Stat. 166 et seq.; 8 U.S.C. § 1101 et seq.).


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