Sako Corp. employee given transfer of work permit

A former Sako Corp. employee was finally allowed to transfer to another company, based on an amended administrative order by the Department of Labor dated March 8.

Nonresident worker Li Xia Yu was given 45 days to find a new employer who must submit a completed employment application to the Labor office within the given period of time. The transfer application should include an updated health clearance, police clearance and a copy of the administrative order with the new application documents.

Hearing officer Maya B. Kara said the transfer application filed by Sako Corp. on Jan. 27, 2004 was denied on Dec. 8, 2004 due to the late filing of the application.

During a hearing on Feb. 15, it was found out that Yu was a member of the group of workers that filed a class action lawsuit against several Saipan garment manufacturers. When the dispute with the garment manufacturers was settled, Yu was given 45 days to seek transfer of employment on Sept. 12, 2003 but the deadline was extended until Jan. 20, 2004 due to Yu’s failure to find another employer.

Yu then found work with Sako Corp., which filed the transfer application seven days past the deadline. Yu said she submitted all the requirements to Sako four days before the deadline (Jan. 20). She said that she signed an employment contract with Sako dated Jan. 19, 2004.

Sako filed for reconsideration. While waiting for the result of the appeal, Sako personnel manager Natividad Sablan allowed Yu to conditionally work at Sako. Yu worked for the company from Feb. 2 to June 3, 2004.

In June 2004, Yu went back to China for personal reasons and returned to the CNMI in September 2004. She then went to Tinian to stay with her parents and attempted but failed to obtain a transfer permit through the Tinian Labor office. She was never given a termination notice by Sako.

On Dec. 13, 2004, Yu went to the Labor Office on Saipan to inquire about the status of her permit to transfer to Sako. Instead, she was given a “Notice of Determination of Denial” because Sako was shutting down and its former personnel manager was indicted on charges of financial misconduct and was suspended from Sako.

“I find that the application is moot because the employer no longer wishes to pursue it and also it is dissolving its business,” said Kara.

Kara found the only outstanding issue in Yu’s case was the transfer of employment request, which she granted the nonresident worker. She said that the late filing of Sako was the result of the defunct company’s own negligence and mismanagement.

In the event Yu fails to find new work until April 22, she must be repatriated back to China by her last employer.