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Worker allowed to find new employer
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Posted on Nov 01 2005
The Department of Labor has granted a nonresident worker a 45-day transfer relief even though it affirmed the denial of the employer’s work permit application on her behalf.
In an Oct. 27, 2005 administrative order, Labor hearing officer Jerry Cody gave Qian Hong Liu 45 days within which she could have a new employer file a work permit on her behalf.
Cody affirmed the Labor Division’s decision to deny the application filed by Hua J. Ulloa, who had wanted to hire Liu as houseworker.
Cody’s order noted that Ulloa timely filed the application with the Labor Division on Feb. 28, 2005. It noted the division’s Sept. 12 denial of the application on the ground that it contained certain information concerning Ulloa’s dependents that was either incorrect or fraudulent.
Both Ulloa and Liu appealed the denial, but Ulloa admitted during a hearing that her two dependents—two sons aged 10 and 8—no longer reside in the Commonwealth. Cody said that, based on Ulloa’s testimony, the children left the CNMI in early 2005 and have been residing in Guam since then.
“As a result, the employer noted that she no longer requires the services of a houseworker,” Cody said.
But Cody said that Ulloa should be responsible for repatriation expenses should Liu fail to have a new work permit application filed on her behalf within the 45-day transfer period.
The hearing officer also instructed Liu to secure an updated police clearance, health certificate, which, together with a copy of the administrative order, should be attached to the new permit application.
