Labor foregoes filing cases against 3 garment workers

The Department of Labor has decided to forego filing allegations against three garment workers who were found to have engaged in unofficial employment with the now defunct Mariana Fashions Inc.

In an administrative order, Labor hearing officer Maya Kara agreed with the department’s position that it would not open a labor case against Mariana Fashions or the workers for technical violations, given the company’s closure and abandonment of its workforce.

Rather, Kara granted the three workers 45 days to seek new employment, saying that they were de facto employees of Mariana Fashions and therefore, as entitled to a transfer relief as the other abandoned workers.

The three workers—Huang Jin Kun, Chen Zhen Hui, and Cai Guang Zhi—appeared at the July 26, 2005 hearing conducted by Labor for employees who had outstanding wage and other claims that were not addressed during another hearing held five days earlier for all Mariana Fashions employees.

At the July 26 hearing, it was established that the three workers transferred from other companies to Mariana Fashions in 2002.

The garment company filed applications to employ the workers, but the applications were never approved by the Labor Department.

The workers testified that they were not aware of this fact. They also said that they were repeatedly reassured by the employer that their transfer papers were properly filed.

Although not officially employed, however, the workers were all on the employer’s payroll since 2002.

“Given the demise of respondent employer’s operations and abandonment of its workforce, the department took the position that it would not allege violations against either party for technical violations caused by this unofficial employment. The hearing officer concurs with this position and accordingly finds that [Huang, Chen, and Cai were] de facto employee[s] and [their] right to transfer relief is no different from the other officially listed employees,” said Kara.

However, she issued a special warning to Huang, who had been previously found to be working without a valid contract.

“He should be seriously cautioned and reminded that obtaining and maintaining a valid work permit in the Commonwealth is his responsibility which he cannot avoid by relying on the representations of his employer,” Kara said. “This is his last opportunity to rectify his status. If he fails to do so in a timely manner, he will be required to depart the Commonwealth.”