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Employer sanctioned for sponsor attempt
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Posted on Feb 10 2005
An employer was sanctioned $500 by the Department of Labor, all suspended except for $100, after attempting to sponsor a nonresident worker.
Hearing officer Maya B. Kara, in an administrative order dated Jan. 27, 2005, assessed the penalty fee for employer Emerlinda Borja. The employer testified at a recent hearing that her intent was to sponsor nonresident worker Manding I. Legaspi.
All but the $100 was suspended for a year on the condition that the employer does not violate any labor laws while the penalty is suspended.
Labor disclosed that a transfer application for Legaspi’s labor permit was timely filed on March 12, 2004. The department denied the application on Nov. 3 after the employer submitted a cancellation letter.
At a Jan. 20 hearing, it was established that the employer owns an auto shop and the employee is actually a fisherman.
The employer admitted of plans to make arrangements with a fishing boat to give the employee work and admitted that her intent was to sponsor the employee.
She further testified that she backed off the arrangement because the employee’s prior application with the previous employer had been denied at no fault of the employee.
With that, Legaspi made a request to transfer and was granted after a prospective employer, John B. Roberto, testified that he owns several fishing boats and is willing and able to employ Legaspi.
Because the employer (Borja) had backed out of the arrangement, Kara affirmed the department’s denial of the application, and found that the employer’s conduct in sponsoring Legaspi “without any genuine intent to gainfully employ him…is reprehensible and should be penalized.”
Legaspi’s employer must submit a transfer application including an updated health clearance, police clearance, and copy of the order within 45 days of the order.
Meanwhile, Borja is ordered to pay the fee within 15 days of the order.
