Lack of understanding of labor laws bars employer from hiring alien workers

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Posted on Jan 18 2006
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The Department of Labor has disqualified a person from hiring nonresident workers in the Commonwealth for one year due to a lack of understanding of his responsibilities as an employer.

Labor hearing officer Herbert D. Soll ruled that Ramon A. Taitingfong is disqualified from hiring or in any way using nonresident workers in the CNMI until Dec. 31, 2007.

Soll affirmed the Labor director’s decision denying Taitingfong’s work permit application for employee Gu Jianhua.

Soll allowed Gu to transfer to another employer and gave him 45 days to file an application for a nonresident worker’s permit.

“If an application is not filed, the employee must leave the Commonwealth at the expense of his last employer, Rita Manglona,” said the hearing officer.

Records show that the Labor director denied the work permit application filed by Taitingfong for Gu. The parties appealed the director’s decision.

Taitingfong described the circumstances that led to the denial of the application. A Labor representative found the explanation revealed a lack of understanding of the Nonresident Workers Act and the responsibilities of residents seeking to hire alien workers.

Labor argued that the loose handling of the matter by the employer supported a disqualification from hiring other alien workers and recommended the imposition of sanction for a limited period.

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