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Worker without permit ordered to depart CNMI
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Posted on Nov 11 2004
The Department of Labor has ordered a nonresident worker to leave the Commonwealth after she was found to have worked for 10 months without a permit.
In a Nov. 8 administrative order, Labor hearing officer Cinta M. Kaipat ordered Carmen R. Dumasig to leave the CNMI within 20 days.
Kaipat instructed M’s Development Inc. to pay any wages owed Dumasig and to purchase a one-way repatriation ticket for the worker. The employer was also ordered to pay a $225 fine within 30 days for engaging in unauthorized employment.
Records showed that M’s Development filed a one-year application to hire Dumasig on April 23, 2003. The application was denied on Dec. 2, 2003 because it was filed late.
M’s Development and Dumasig appealed the denial three months late on March 10, 2004. According to Kaipat, the appeal could have been dismissed on the ground of being untimely filed. Nevertheless, the case was set for hearing on Oct. 8, 2004.
It was learned that Dumasig’s latest work and entry permit expired on May 5, 2002. Under the 45-day transfer period stated by law, she should have filed an application to transfer to another employer by June 15, 2002.
However, no application was filed until April 2, 2003, some 10 months after the 45-day filing deadline had already expired.
At the hearing, employer Delfina C. Manglona said she inadvertently missed the deadline because she was busy with work and family matters.
“While this may provide an explanation as to the reason for failing to meet the filing deadline, nevertheless, the explanation does not justify the 10-month delay in filing the application,” Kaipat said.
She noted that both the employer and Dumasig violated the Nonresident Workers Act by engaging in unauthorized employment.
“There is no unlimited right to transfer employees under the Nonresident Workers Act or the Alien Labor Rules and Regulations, as amended. Transfer relief after the department’s denial of a permit application is discretionary in nature,” Kaipat said.
