Worker found engaging in unauthorized labor

The Division of Labor has declined to grant an alien worker the opportunity to look for a new employer after he was found engaging in unauthorized work in the Commonwealth.

Hearing officer Jerry Cody gave worker Zhang Xue Zhe until Sept. 15 to leave the CNMI. Zhang was warned that failure to do so may result in his possible deportation.

Zhang was formerly employed as a mason by SSK Enterprise Inc. On Feb. 11, 2003, Koram International filed a transfer application to employ Zhang as a maintenance worker for its “One Mart” grocery store in Chalan Laulau.

In March 2003, Koram closed its “One Mart” store, based on its inability to pay rent to its sublessor. During the following several months, Koram’s vice president attempted to resolve the dispute with the landlord with no success. The store never re-opened.

On June 9, 2003, the Labor Department issued a deficiency notice, noting that the application required an additional salary bond and an updated business establishment inspection.

Labor never received any corrective documents from the employer, prompting the department to deny the application on Oct. 9, 2003.

About a month later, a Koram official wrote a letter informing Labor that the business had closed due to financial problems.

For his part, Zhang did not approach the department between March 2003—when the store closed—and July 2004.

At the hearing of the appeal, he admitted that he worked at Koram’s One Mart store in February, until it closed the following month. From March 2003 until the present, Zhang resided in an apartment building owned by his former employer, SSK Enterprise, and served as the building’s maintenance worker or caretaker, though it was not clear whether he was paid wages, or compensated free lodging for the arrangement.

Also at the hearing, neither Koram nor Zhang contested the denial. Rather, Zhang simply asked to be allowed to transfer to another employer.

Cody, however, denied Zhang’s request.

“The hearing officer routinely consider requests for transfer relief from nonresident workers whose transfer applications are denied through no fault of their own, provided that an appeal of the notice of denial is filed in a timely manner,” Cody said. “In this case, the employer appealed the denial in a timely manner, but the employee’s failure to cooperate led to a significant delay in resolving this case,”

Cody also told Koram International to take prompt steps to inform the Labor director if the employer closes its business and no longer intends to employ a nonresident employee.