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DOL denies ‘sponsorship’ for carpenter, orders him deported
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Posted on Oct 16 2005
The Department of Labor has ordered the deportation of a nonresident carpenter, whose nephew filed an employment application on his behalf some 101 days after the expiration of the worker’s 45-day transfer period.
The nephew, Fernando Estella, reportedly conceded during an administrative hearing that he and Ferdi Mallari’s tattoo shop did not offer sufficient work for a carpenter for a whole year, and that they just wanted to help Ruben R. Lopez to keep their family members together on Saipan.
“The best of intentions and family loyalty, which I believe that Mr. Estella fully possessed, are no substitute for legitimate employment. There is no justification for a ‘sponsorship’ arrangement under CNMI law,” said Labor hearing officer Maya B. Kara.
In an Oct. 11 administrative order, Kara denied the appeal filed by the prospective employers and the worker on the denial of the employment application by the Labor Division.
In the order, Kara noted that Lopez’s work permit as carpenter for FMV, Inc. expired on Feb. 12, 2005, making the deadline for the 45-day transfer period March 29. Kara noted that the Labor Division denied the employment transfer application filed by the prospective employers on the workers behalf for being filed 101 days late. The tattoo shop owners and the worker appealed the Labor Division’s decision.
Kara said the prospective employers raised no justification regarding the untimely submission of the employment application.
Kara noted that the submission was late by not just a matter of days but by more than three months, notwithstanding Estella’s intention of legitimizing a mere sponsorship scheme.
Kara ordered Lopez to leave the CNMI within 20 days, directing his most recent employer, FMV, Inc., to provide airline ticket to worker for his repatriation.
The hearing officer also directed the Labor director to assist in the collection of the airline ticket from FMV, or from the bonding company that issued the employer’s bond, amid reports that that company had ceased its local business operations. (John Ravelo)
