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Employer temporarily barred from hiring nonresidents
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Posted on Feb 12 2005
An employer was temporarily barred by the Department of Labor from hiring or renewing nonresident workers until it pays the fine imposed on it for neglecting to timely remedy some deficiencies in a labor permit application, as well as failure to inform the department of its new business address.
Dong Bang Fashion Corp. was assessed a penalty fee of $300 for its negligence.
According to Labor, an application for a labor permit for Manuel Santos Jr. was timely filed on Sept. 22, 2003 and was denied by the department on April 21, 2004, as the application was lacking an additional three-month bond, employer’s agreement, business establishment inspection, and completed employment contract.
A notice of deficiency was issued to the employer and served by mail on Feb. 10, 2004. The denial was sent on April 21.
Both mails were returned to the department after the employer changed his address without informing the department.
The employer was finally served the notices when he went to Labor to follow up on the status of the application.
An appeal followed and a hearing was held on Jan. 20, 2005.
At the hearing, the employer, represented by its agent Karmina Okamura, testified that the company did not wish to continue to employ the worker. Okamura also did not offer a credible excuse for its failure to notify the department of its change of address or for following up on the application.
Since the employer no longer intends to employ the worker, the department’s decision to deny the application was affirmed.
The employee was granted 45 days to find a suitable employer who shall submit a completed employment application to the department.
Failure to do so would result in the employee being repatriated to his original place of hire at the expense of his last employer.
