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Denial of permit for three workers affirmed
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Posted on Jan 02 2005
The Department of Labor Hearing Office reaffirmed the denial of Labor permit applications for three non-residents. However, it ordered that if the applications were amended and resubmitted, they would be processed, enabling the employer to hire the workers.
In the Labor Order, Hearing Officer Linn Asper indicated that permit applications for Kenneth Achas, Gil Gapor, and Maurice Gapot were denied by the department director because they were submitted as replacement applications for the importation of new nonresident workers from the Philippines and because the applications called for the employees to work for the employers, Dino and Letty Jones, in the “Help Services” business.
“According to the newly adopted Section VI (A) of the Alien Labor Rules and Regulations, help services or manpower-type businesses cannot import nonresident workers as replacements,” Asper said in the order.
At the Dec. 22 hearing, the employer proposed to amend the employees’ applications “to have them hired by other businesses owned and operated by the employers,” a house rental business for Achas and Gapor and a beauty shop for Gapot.
“If this is done, the department has no objection to processing the amended applications,” Asper said. “Therefore, the decisions of the director should be affirmed, but the employers should be given leave to amend the applications…”
Asper gave Dino and Letty Jones 30 days to amend the applications to show that the employees will be hired by non-help service business entities.
The employers are not obligated to pay financial penalty or additional filing fees. (Shan Seman)
