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Labor finds employer insolvent
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Posted on Jan 04 2005
The Department of Labor has given an alien worker a final opportunity to find a valid employer, after the last company that sought to hire him was found insolvent.
Hearing officer Jerry Cody told Charley M. Tabuzo to be careful in choosing a prospective employer who will comply with Labor requirements and submit a complete and correct employment application for him.
Cody also urged Tabuzo’s potential employer, Pascual T. Cangco to review the requirements for nonresident employment applications before submitting an application.
Records showed that Tabuzo was formerly employed as a mason by Norpacific Builders under a permit that expired on March 15, 2004. On April 29, 2004, Cangco, operator of ND Retail Store, filed a transfer application to employ Tabuzo as a maintenance worker.
The Department of Labor denied the application based on its assessment that the employer was insolvent and therefore not permitted to hire a nonresident worker.
At the hearing, Cangco said he intended to have Tabuzo work outside the retail store for other businesses in need of a maintenance repairer.
Cody noted that such work would amount to manpower services, which would require a cash bond.
Cangco admitted, however, that he cannot afford to pay a cash bond and that he is insolvent at the present time.
“This employer’s admission about the insolvency of his business confirms the division’s own assessment of insolvency and further supports the department’s denial. Based on the evidence presented, this employer’s application should be denied,” Cody said. “Furthermore, this employer should be faulted for even attempting to hire this worker when he knew he could not meet the financial requirements, and for submitting a contract that failed to inform the department that the worker would be involved in manpower assignments.”
Yet, Cody noted that the employee was not at fault in the matter. He gave Tabuzo 45 days to find a new employer.
