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Employer sanctioned for late and incomplete application
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Posted on Nov 21 2004
The Department of Labor has imposed a fine against an employer who filed a late, deficient employment application for a nonresident worker.
In a Nov. 18 administrative order, hearing officer Jerry Cody directed employer Glenn D. Palacios to pay the $250 fine within 10 days. He also reversed the Labor director’s denial of Palacios’ renewal permit application for worker Lee Chang Bok.
Cody also warned Palacios of additional sanctions and the immediate denial of Lee’s application if the employer fails to pay the fine within the given period.
Records showed that Lee worked for Palacios as a scuba diving instructor. His latest nonresident permit expired on March 28, 2004. However, Palacios failed to submit an application to renew Lee’s employment contract and permit until April 16, 2004—or 19 days late.
On the same day, the Labor department issued a deficiency notice noting that the application was missing a certified job vacancy announcement and a valid health certificate. The notice instructed the employer to correct the deficiencies within 10 days or the application would be denied.
The department received no response from Palacios in the several months following the issuance of the notice. On June 18, the application was denied.
At the hearing of the denial’s appeal, Palacios produced the required health certificate, which indicated that the medical examination took place as early as March. The employer also submitted a JVA waiver from Alfred A. Pangelinan, director of the Division of Employment Services and Training.
“Although the employer eventually corrected the deficiencies, he failed to do so in a timely manner and should be sanctioned,” Cody said. (Agnes E. Donato)
