12 Guam Code Ann. § 58117
Terms Used In 12 Guam Code Ann. § 58117
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
COL 6/21/2023
12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 58 QUALIFYING CERTIFICATES
number established by the Authority and as set out in the Qualifying Certificate. However, at all times, the work force of a Beneficiary shall meet the following minimum requirements:
(1) Initial Minimum Requirement. At least seventy-five (75%) of the Beneficiary’s non-managerial employees shall be United States citizens or permanent residents of the United States; and
(2) Subsequent Minimum Requirement. After the expiration of three-fourths (3/4ths) of the period of the Qualifying Certificate or ten (10) years, whichever is sooner, the Beneficiary shall satisfy the seventy-five (75%) employ- ment requirement for both management and non- management employees.
(b) Management and Non-Management Employees. The Authority shall be the sole judge of whether a Beneficiary’s employee is management or non-management but it may seek advice from the University of Guam, the Guam Community College, the Department of Labor, or such other government agencies as are helpful in advising on carrying out the provisions of this Section. The Authority shall establish by regulation the requirements for practical and equitable training programs as guidance for the Beneficiary and the reasonable minimum number of persons to be employed on a continuing basis for each Benefi- ciary in accordance with the specific and normal requirements of the business involved. The Authority shall annually report to the Legislature the titles and compensation of all trainees, including those placed in management levels, who are employed by the Beneficiaries of Qualifying Certificates.