Previous Story
Ignorance of new labor regs costs nonresident worker
|
Posted on Jul 10 2005
Unawareness of the amended labor law on transferring employment has led to the denial of a permit application of a nonresident worker.
In an administrative order, Department of Labor Herbert D. Soll told Franklin A. Rago to depart the Commonwealth for his failure to secure new employment within his given transfer period.
Rago is a former employee of Western Sales Trading Company. His previous contract expired on Sept. 9, 2004. Thirty days before the contract expiration, Western Sales served him notice of the company’s intent to not renew Rago’s contract.
On Oct. 21, 2004, a new employer filed an application to hire Rago. It was denied for untimely filing.
Under the Amended Alien Labor Rules and Regulations, adopted in August 2004, an employee had 45 days from the date of receiving the notice of non-retention to file a contract with a new employer.
“Apparently unaware of [this] provision of the law, the employee and his prospective new employer believed that the period for filing the new application ran for 45 days from the expiration of the old contract,” Soll said. “Unfortunately for the parties that is not the case and the period in which the contract could have been filed had passed by nearly one month.”
Accordingly, Soll affirmed the denial of Rago’s permit application and instructed Western Sales to provide the worker a one-way airline ticket to his place of hire.
The new labor rules and regulations require both the employer and the employee to provide 30 days notice of intent to renew or not to renew their employment contract.
Accordingly, the 45-day grace period given to an alien worker—whose contract is not renewed by his employer, or who chooses not to renew his or her existing contract—now begins on the date that the notice is filed. This gives the worker only 15 days after expiration of his contract to transfer to a new employer. (Agnes E. Donato)
