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Worker allowed transfer relief
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Posted on Jun 03 2005
A nonresident worker was given 45 days to find new employment after his prospective employer shut down business operations.
Worker Dong Sik Jin was left jobless after Suhmin Corp., which operated US T-Shirts, ceased operations recently.
In an administrative order, Department of Labor hearing officer Maya Kara granted the request of Dong Sik Jin to be able to seek a new employer.
“In the event that Dong Sik Jin is unable to submit the necessary application within the 45-day period, he shall be repatriated to his original place of hire at the expense of his last employer of record,” Kara said.
Dong Sik Jin used to work as retail store manager for Paradi Enterprises Inc. When his permit expired on Sept. 30, 2004, Suhmin Corp. filed an application to hire Dong Sik Jin.
But the application was denied on March 10, 2005 due to multiple deficiencies in the accompanying documentation. Suhmin Corp. and the worker appealed the denial.
At the May 26 hearing, Dong Sik Jin submitted a letter dated May 18, 2005 and signed by Suhmin Corp. president Koh Guang Yeon requesting the department to cancel the pending application due to the fact that the business had ceased operations.
Dong Sik Jin asked for transfer relief.
“Based on the evidence presented, I find that in 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,” Kara said.
“Because employer’s termination of business activity and subsequent cancellation of the permit application is not any way the fault of the employee, his request for transfer should be granted,” she added. (Agnes E. Donato)
