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Employer denied work permit renewal for nonresident worker
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Posted on Mar 12 2005
The Department of Labor has denied the appeal of an employer to renew a nonresident worker’s labor permit after the employer herself said she is moving off-island and is no longer interested in hiring the worker.
Nonresident worker Rowena D. Hernandez was given 45 days, however, to find another employer. If she fails to find a new employer by April 16, she will have to be repatriated to her country of origin.
Hernandez had served as a house worker for employer Juan B. Cepeda. Her contract expired on Sept. 9, 2004. Employer Dorothy Cepeda then expressed interest in hiring Hernandez and submitted a transfer application for her on Oct. 9, 2004.
Labor denied the application, though, after it determined that the employer did not meet the minimum financial requirement for non-business employer of a nonresident worker. Labor denied the request on Nov. 11, 2004. Dorothy Cepeda appealed the decision.
During the subsequent hearing held on Feb. 3, 2005, Cepeda was given another chance to revise her financial documentation in order to cure the deficiency. During the same hearing, Hernandez asked that she be allowed to transfer to another employer if Cepeda fails to meet the financial requirement.
During the second hearing on Feb. 22, the employer said that they are moving to Portland, Oregon, so they are no longer interested in hiring Hernandez.
“Based on the evidence presented, I also find that in the light of the employer’s desire to cancel the hiring, the application is now moot. Accordingly, the decision of the department to deny the application should be affirmed. Because employer’s financial incapacity is in no way the fault of the employee, the request for transfer should be granted,” said hearing officer Maya Kara.
Hernandez now must now find a new employer within 45 days. Once she does so, she must submit a latest health clearance, police clearance, and a copy of the administrative order together with her application form.
In the event Hernandez fails to find a new employer within the 45-day time frame, she must leave the island, with Juan B. Cepeda shouldering her airfare back to her country of origin.
