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Labor OKs transfer of alien worker
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Posted on Oct 21 2005
The Department of Labor has given a nonresident worker relief, ordering its Labor Division to resume processing the employment transfer application that has been filed by the prospective employer.
But Labor hearing officer Maya B. Kara imposed a $50-fine on Adela I. Kapileo, the prospective employer, who admitted liability on the late filing of the employment application on behalf of Josephine T. Flores, whom she wants hired as houseworker to provide care for her bedridden father.
In an Oct. 11 administrative order, Kara reversed an earlier decision by the Labor Division that denied the employment application due to late filing.
Kara noted that Flores’ work permit expired on June 8, 2005. The worker used to be employed as beautician for Min’s Corp., which had attempted to serve her a notice of non-renewal of employment 30 days before the expiration of her employment contract.
“[Flores] testified that there was a change in ownership of the business around that time and she did not understand that she would not be renewed. Communication problems between the Korean-speaking owners and the Tagalog-speaking employee further aggravated the situation,” Kara said.
The hearing officer said that the Min’s Corp. did not provide the worker a copy of the non-renewal notice, declaring the service of that notice defective. Consequently, she declared that Flores was entitled to a 45-day transfer period—not just 15 days after the expiration of the contract.
Kara said the transfer period expired on July 23, 2005 and Kapileo filed the employment application with the Labor Division on July 26, which was late for only three days. (John Ravelo)
