Labor allows employment processing to go through

The Department of Labor has allowed the processing of an employment application even though the worker’s 45-day transfer period has already expired, noting that the employer is a retiree with disability.

The employer, Robert C. Mendoza, claimed fault over the late filing of the application for Christopher Campugan. Labor hearing officer Maya Kara noted that Campugan started working as house worker for Mendoza after the auto mechanic’s entry permit expired.

“Although the employee exceeded the 45-day transfer period for filing a completed transfer application, this omission was through no fault of the employee; the deadline was missed only by six days,” Kara said in an administrative order issued last week.

“In such an instance, the Hearing Office regularly exercises its discretion to excuse parties’ failure to meet a transfer deadline ‘where the facts and circumstances make it fair and just to do so,’” Kara added.

Kara noted that Campugan’s work permit expired on Sept. 12, 2004. The employer filed the application with the Labor Department only on Nov. 2, 2004. On that day, the department issued Mendoza a deficiency notice for failure to meet some requirements, such as the employee’s health certificate and the employer’s surety bond.

The Labor director denied the application on March 10, 2005. Mendoza and Campugan appealed the decision.

“At the June 28, 2005 hearing, it emerged that employer is a disabled retiree who needs someone to attend to his daily needs. Although employee was previously employed as an auto mechanic for more than five years, he was unable to secure employment in the field after his last contract expiration,” Kara said.

She said Campugan then accepted employment as house worker for Mendoza and started to work for the retiree after his contract expiration.

“I am more concerned with the matter of unauthorized employment and failure to cure the deficiencies even after notice and determination. While it is understandable that employer was in urgent need of employee’s services, the appropriate vehicle was to employ employee while his permit was pending was by way of a conditional grant,” Kara said.

Kara directed Mendoza to cure the outstanding deficiencies in his application so that its processing could proceed. However, the hearing officer imposed a $300 fine on Mendoza. (John Ravelo)