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Employer warned vs late filing
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Posted on Feb 05 2005
The Department of Labor recently warned an employer for the late filing of a nonresident worker’s labor permit application and warned that similar acts in the future may result in monetary sanctions.
In an administrative order, Hearing Officer Jerry Cody denied the department’s request to impose sanctions on employer Isidoro C. Palacios, issuing a warning instead.
The warning stemmed from the late filing for Sonet D. Medianista, who is to be employed as a house worker.
Medianista’s previous permit expired on Aug. 13, 2004 and was given 45 days, or until Sept. 27, 2004 to find a transfer employer. Palacios filed the transfer application on Oct. 4, 2004, resulting in the department denying the application.
An appeal followed and at a hearing, the employer’s wife indicated that they had relied on an agent to attend to the processing of the application because of their lack of experience in doing so.
The agent, Sophia Aldan of D.K. Insurance, admitted she miscalculated the transfer deadline, explaining that she believed weekends were excluded from the 45-day period.
Cody found the employee not to be at fault and remanded her application to the Processing Section.
The order certifies Medianista’s immediate eligibility for a Conditional Grant of Transfer to work for Palacios. (Shan Seman)
