Powers and duties of Commissioner of Labor

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  • (a) The Commissioner of Labor shall appoint a qualified and responsible employee of the Department of Labor to administer, supervise and enforce, or cause to be enforced the provisions of sections 710 and 712 of this subchapter, and in this connection may promulgate necessary rules and regulations, conduct such investigations and institute such remedial actions as may be required.

  • (b) Any beneficiary applying for permission to hire nonresidents in accordance with subsection (c), paragraph (2) of this section, shall submit a specification of the number of nonresident workers required and their occupational classifications and wage rates, to the Commissioner of Labor for review prior to any grant of permission to hire said nonresidents. Upon receiving said information and material, the Commissioner shall:

    • (1) promptly supply same to all labor unions operating in the Virgin Islands;

    • (2) at the expense of the beneficiary, to give public notice of such employment opportunity; and

    • (3) assist beneficiaries in the recruitment of residents.

      It shall be the responsibility of the Commissioner of Labor to provide an evaluation of those residents available in the labor market with necessary skills suitable for employment by the beneficiary. All beneficiaries employing nonresidents shall annually prepare, and file with the Commissioner of Labor, a complete roster of all nonresidents and a detailed description of the positions held by such nonresidents. The Commissioner of Labor shall promulgate specific rules and regulations governing compliance with these requirements.
  • (c) A beneficiary may not employ a person who is not a resident of the Virgin Islands unless:

    • (1) after hiring the nonresident, at least eighty percent (80%) of the beneficiary's employees are residents of the Virgin Islands; or

    • (2) the Department of Labor has certified that:

      • (A) the beneficiary requested the Department's assistance in filling the vacancy; and

      • (B) the Department was unable, within ten (10) working days after the beneficiary's request, to refer any qualified applicants to the beneficiary for employment.

  • (d) The Commissioner of Labor shall report all violations of the resident employment provisions of this subchapter to the Commission.


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