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Employer warned vs incomplete applications
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Posted on Jul 25 2004
The Department of Labor has warned an employer against delays in correcting deficiencies in nonresident work permit applications, saying that substantial sanctions may be imposed against the company if it commits future violations.
Labor hearing officer Jerry Cody also ordered Pacific Belle Inc., which operates Club Taboo, to pay a $250 fine and an additional $225 processing fee for an amendment to the contract of alien worker Lyn Adanza.
Records showed that Pacific Belle submitted deficient applications for Sim Chin Ju and Adanza early this year. The Labor Department issued a deficiency notice for each worker, instructing the company to correct the deficiencies within 10 days or be subject to the denial of the applications.
The department’s processing section, however, did not get the documents that would have corrected the deficiencies for several months after the notice was issued, resulting in Labor denying the applications. Pacific Belle appealed.
Evidence presented at the hearing showed that the company had the documents that would have corrected the deficiencies, but failed to deliver them to the processing section.
Also at the hearing, Sim asked the department’s permission to transfer to a new employer, while Adanza and the employer asked to be allowed to amend the term of the worker’s contract from six months to one year.
Cody affirmed the denial of Sim’s application and approved her request for a transfer relief, noting that she “is not at fault in the items which led the application to be denied.”
The hearing officer ordered the Division of Labor to process the application for Adanza, provided that Pacific Belle pays the $250 fine and the $225 processing fee for the contract amendment.
“Pacific Belle Inc. and its president, Noel Reyes, are warned that in the future, the company should take prompt steps to correct deficiencies… Failure to do so may lead to the imposition of substantial sanctions against the company in the future,” Cody said.
