Previous Story
New business denied right to hire alien worker
|
Posted on Mar 22 2005
A fledgling business was not allowed to hire a nonresident worker after failing to offer proof of its financial capability.
The Department of Labor Hearing Office denied the application filed by Francisco V. Deleon, owner of Platinum Auto Shop, to employ Rommel M. Bulatao as an auto mechanic.
Deleon submitted the application on Oct. 6, 2004, four days after Bulatao’s permit as an auto mechanic with Jaung Sing Corp. had expired.
The Division of Labor, however, denied the submission after finding that the employer was not financially solvent to employ a nonresident worker. Deleon and Bulatao appealed the denial.
At the Feb. 10 hearing, Deleon testified that Platinum Auto Shop was a new business venture and capitalization was still pending. He said this was why he was not capable to cure the deficiency in the application.
For his part, Bulatao asked for the opportunity to find another employer.
“Based on the evidence presented, I find that since the employer has been unable to cure the deficiency that was the basis of the denial, the denial should be affirmed,” Labor hearing officer Maya Kara said. “Because [the] employee is without fault with respect to the deficiency, the employer’s capitalization being entirely out of employee’s control, the transfer application should be granted.”
Kara gave Bulatao 45 days to find a new employer who should submit a complete employment application for him within the deadline.
She also ordered that Bulatao be repatriated to his original place of hire at the expense of Jaung Sing Corp., if he fails to meet the deadline.
“In such an event, any refusal or failure by Rommel M. Bulatao to depart from the CNMI shall result in his name being forwarded to the Office of the Attorney General for deportation proceedings,” Kara said.
