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Labor gives couple a month to leave NMI
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Posted on Sep 08 2004
The Department of Labor has given two alien workers a month to leave the Commonwealth, warning them of possible deportation if they fail to do so.
Huang Hai Ying and Fu Xiu Lian, who are married to each other, were parties in an appeal of a Division of Labor decision denying their applications to transfer to U.S. 168 Corp.
Huang and Fu used to work at different garment factories, but were applying to transfer to U.S. 168 Corp. as farmers.
The Labor Division denied their separate applications.
At the hearing, the couple did not contest the denial, but simply asked for permission to remain on Saipan for three months to prepare for their departure.
“The conduct of both employer and employees in this case indicates probable violations of numerous labor provisions of the Nonresident Workers Act,” hearing officer Jerry Cody said.
He noted that evidence shows that Huang essentially served as the corporation’s general manager, performing the functions of salesman, accountant, and manager, even though his permit application is for a “farmer” position.
This was based on a finding that Zhou Bo, president of U.S. 168 Corp., moved to the mainland in October 2003 and has not returned to manage the business. In his absence, Huang has been managing the corporation by growing produce on the employer’s farmland and selling it to local businesses. Huang’s practice is to deposit proceeds from the sale of farm produce in a bank for the company president, after reimbursing himself in the amount of $500 per month.
“Moreover, both Huang and Fu worked for the corporation for months even though they were not authorized to perform any labor for the company, as no conditional grants of transfer had been signed and their permit applications had not yet been approved,” Cody said.
Nevertheless, Cody allowed the couple to return to China, without facing deportation. He said one month is a reasonable period for both workers to conclude their affairs on Saipan.
For its part, U.S. Corporation was permanently disqualified from hiring, employing, or using the services of nonresident workers in the CNMI.
