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Company appeals DOLI order on repatriation
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Posted on Sep 12 2000
A Korean company. has appealed before the Superior Court the decision by the Department of Labor and Immigration ordering the owner to shoulder the cost of repatriating the body of a Bangladeshi nonresident worker who committed suicide two months ago.
Golden Bell Enterprises Inc. owner Bok Yurl Lee has continuously refused to send back the body of Md. Matiur Rahman despite an earlier administrative order issued by Hearing Officer Jerry Cody.
Director of Labor Gil San Nicolas has ruled that Golden Bell has violated the Nonresident Workers Act of 1983 and has breached the approved employment contract when Mr. Lee failed to repatriate the body of their employer back to the point of origin.
During the hearing at the DOLI, Mr. Lee argued that his company should not be forced to pay because Mr. Rahman had destroyed his business and home. In fact, he said it was the family of Mr. Rahman who should pay damages to Mr. Lee.
Furthermore, Mr. Lee argued that he should not be obligated to shoulder repatriation costs because Mr. Rahman’s contract with Golden Bell had expired one month before his death. Mr. Lee claimed that his company has suffered financially as a result of the burning of his shop.
Mr. Rahman worked as security guard for Golden Bell but his contract expired on June 8, 2000.
A month after, on July 7, 2000, Mr. Rahman went to his former employer’s house, broke several windows and started a fire inside the residence. He died in the fire and his body has remained in the morgue awaiting arrangements to be sent back to Bangladesh.
But DOLI said Mr. Lee’s status as a holder of long-term business license should be reviewed by the Department of Commerce in view of his current financial condition.
Mr. Rahman’s employment was insured by the Oceania Insurance Co. which owes the cost of repatriation to a maximum amount of $968.
Should Golden Bell fail to cover the full cost of returning Mr. Rahman’s body to Bangladesh, DOLI said proceeds of the bond should be paid to the government agency to partially cover such costs. Repatriation cost for Mr. Rahman’s body is estimated at $6,000.
