Bad business climate forces farmer to let go of employees

Vicente M. Aldan, a businessman who owns three farms in San Vicente, Kagman and As Gonnos has 17 nonresident workers. Due, however, to the recent economic slump, he wants to reduce his workforce.

Aldan said that last year’s typhoons and subsequent lack of rain greatly affected his farm operation. He said he was hoping to transfer most, if not all, of his employees to another employer.

He had wanted to keep some of his employees, though. Li Ye, a previous employee of Aldan whose work permit had already expired on June 25, 2004, applied for a renewal of employment on July 6, 2004, 11 days past the due date of application. Labor denied his application on Sept. 6, 2004 because Aldan did not meet the standard financial requirement to hire non-business employees.

Aldan appealed for reconsideration of Ye’s renewal. Though Aldan filed for the renewal late, he was initially only asked to pay a fine.

Aldan said he only learned about the denial in February 2005 and said he did not receive any notice of denial from Labor. He appealed on Feb. 8, four months after the actual 15-day appeal period.

In a more recent ruling, however, hearing officer Maya B. Kara questioned whether “an equitable extension of time is warranted, and if the appeal is deemed to have been timely filed.”

Aldan’s request was further reviewed and was found ineligible due to the lack of financial stability. He made no attempt to counter the deficiency in his application. He declared that his earnings only reach $1,900 per month, making it insufficient to hire one or even 17 employees.

Department of Labor investigator Jeffrey Camacho testified, though, that the office has several pending transfer applications for Aldan’s farmers. Those pending applications would still be addressed in subsequent consolidated hearings.

Kara found the request of Ye’s transfer of employment the only issue in this case, and based on the evidence presented to her, she decided to affirm the denial of permit renewal application released last year to Aldan.

Ye’s subsequent request for transfer of employment was granted and he was given 45 days to look for new job. If Ye finds new work, the employer has to abide by the Labor procedures by submitting necessary documents prior to hiring Ye. Updated health clearance, police clearance and a copy of the administrative order must be submitted to the Labor office within the 45-day period.

But if Ye fails to find new job within the specified time, Aldan must provide a plane ticket for his repatriation.