Non-Resident Worker Application
The Bureau of Human Resources, also known as Personnel or BPSS, is responsible for the day-to-day management of programs and activities involving employees of the National Government.
The 2019 Labor Rules and Regulations of the Republic of Palau outline key policies and procedures regarding the employment of nonresident workers, aiming to balance the economy while prioritizing the employment of Palauan citizens. Highlights include:
1. Authority and Purpose
Issued by the Director of the Bureau of Immigration and Foreign Labor, the regulations ensure fair labor practices, specifying that nonresident workers are only to supplement the local workforce when Palauan workers are unavailable.
2. Work Permit Requirements
Employers must secure work permits for nonresident workers, following a process that includes job announcements for resident workers. The permit application includes various documents such as employment contracts, health certificates, and police clearances.
3. Employment Conditions
Employers are responsible for providing safe working conditions, housing, food, and return transportation for nonresident workers. Nonresident workers must only work for the employer specified in their permit, and their employment can be terminated or transferred under specific conditions.
4. Wages and Living Conditions
The minimum wage is set at $3.50 per hour, with specific exemptions for domestic workers, students, and employees of nonprofits. Employers can deduct up to 25% of wages for food and housing, and they are required to meet health and safety standards in any provided accommodation.
5. Penalties and Dispute Resolution
Violations of the labor laws can result in fines, imprisonment, or deportation for nonresident workers. Employers who violate minimum wage laws or fail to meet contractual obligations face civil penalties. Complaints and grievances can be filed with the Director, who will investigate and mediate disputes.
6. Worker Rights
Nonresident workers are protected by their contracts and Palauan law, with the right to pursue legal action for violations. Employers cannot impose unauthorized penalties or restrictions on workers beyond what is agreed in the employment contract.
7. Fees
There are various fees associated with work permits, renewals, temporary work permits, and changes of status.
For further information please see
2019-Labor-Rules-and-Regulations.pdf
To apply for a work permit for a nonresident worker in the Republic of Palau, the following steps are required:
1. Submit an Application
- The employer must submit an application to the Bureau of Immigration and Foreign Labor’s Employment Service via https://ministryofhrctd.pw/nonresident-worker-application/
- The application should include detailed information about the job, such as the position, location, wage, job duties, and qualifications.
2. Required Documents
The employer must include the following documents in the application:
- Application Fee: A non-refundable fee must be paid as part of the application.
- Employment Contract: A standard employment contract form issued by the Division must be included. The employer may add provisions, but they cannot override the standard terms.
- Police Clearance: A police clearance certificate from the country of the worker’s residence must be provided.
- Health Certificate: A health certificate in English, authenticated by public health authorities, is required.
- Affidavits of Experience: At least two affidavits from previous employers confirming the worker has at least two years of experience in the field.
- Passport Copy: A copy of the nonresident worker’s passport.
- Business Licenses: Copies of the employer’s business licenses, if applicable.
- Job Announcement Form: Proof that the job announcement was made to give resident workers an opportunity to apply.
3. Job Announcement Requirement
- After submitting the application, the Employment Service will first try to fill the position with a qualified Palauan citizen.
- The job vacancy must be announced publicly for 30 days via radio, public TV, newspapers, or other public means.
4. Director’s Review:
- After the 30-day announcement period, if no qualified resident worker is found, the application will be reviewed by the Director of the Bureau of Immigration and Foreign Labor.
- The Director will evaluate if hiring the nonresident worker is in the best interest of the Republic of Palau and if the employer has met all legal requirements.
5. Work Permit Issuance:
- If the application is approved, the employer must pay a fee, and the worker will be issued a Nonresident Worker Work Permit.
- The worker can only enter Palau and begin work after receiving the permit or a provisional labor visa.
6. Provisional Labor Visa:
- If the application is approved, the employer must pay a fee, and the worker will be issued a Nonresident Worker Work Permit.
- The worker can only enter Palau and begin work after receiving the permit or a provisional labor visa.
7. Compliance Requirements:
- Employers are responsible for ensuring compliance with all local labor laws, including providing safe working conditions, proper wages, housing (if applicable), and transportation. The employer must also provide return transportation for the worker upon the end of the employment contract.
This structured process ensures that local workers are given priority while enabling nonresident workers to legally work in the Republic of Palau if no qualified local worker is available.
Non-Resident Worker Application
What are the rules for employing nonresident workers?
How to apply for a work permit for a nonresident worker?
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Bureau of Human Resources