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Two workers given 45 days to transfer
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Posted on Jan 28 2005
Two nonresident workers were granted 45 days to transfer to new employers after their Labor permits were denied through recent separate hearings.
In an administrative order, Hearing Officer Maya Kara gave transfer relief for nonresident workers Hai Yan Zhang and Arlene Tanay Merilles, giving them 45 days to find a suitable employer who must submit a completed employment application within the given period.
Merilles’ application to be employed by Pacific Belle Inc., which does business as a nightclub named Taboo, was earlier denied by the Department of Labor after being found to be signed by another nonresident worker, Ramon Lopez, employed by Pacific Belle as a commercial cleaner. Taboo is currently out of business.
An appeal followed, and during the hearing, Lopez testified that he is authorized to sign the documents. He, however, was not able to produce evidence of the authorization.
The employer was the subject of a recent labor case, settled by mediation, involving unpaid wages to five employees. Late last year, the owner of the company, Noel Reyes, indicated his intention to sell the business.
Kara cited that because the employee was not at fault and that the employer has ceased business operations, the employee deserves an opportunity to transfer.
Hai Yan Zhang’s application, meanwhile, was to employ her as a house worker but this was earlier denied by the department because of deficiencies in the employer’s agreement, health certificate, and house worker’s declaration.
At the hearing, testimonies indicated that Zhang was to be hired to assist in caring for the employer’s baby, who at the time of the hearing, lives in Palau. The employer was found to be financially unable to employ Zhang as she is unemployed. With that, the denial was affirmed and Zhang was allowed to transfer to another employer.
Zhang and Merilles would be repatriated to their original place of hire if transfer applications are not submitted within the 45-day period.
