Labor finds corporation, GM liable for illegal termination of worker

The Department of Labor has found a corporation and its general manager liable to pay its alien worker in lost wages for the illegal termination of his contract and other violations.

Labor hearing officer Herbert D. Soll ordered J&C Corp. and its general manager Ko Yung Hwui to pay $1,200 in lost wages to complainant Zhang Chunlong.

Soll also sanctioned the respondents in the amount of $1,000 for each of the four labor laws violated.

The sanctions are suspended for one year on the conditions that all obligations to the complainant are satisfied and that there be no further violations of CNMI labor laws, the hearing officer said.

Zhang is entitled to transfer to another employer within 45 days, he said.

Soll made the determination after hearing the testimony of Zhang and the settlement offer of the respondents, coupled with the complainant’s desire to accept such an offer.

Labor records show that Zhang was employed under a nonresident labor contract covering the period of June 10, 2004 through June 14, 2005. He worked until April 1, 2005, when he was told that he should find another employer due to the slowness of business.

No written notice of termination was given to Zhang or to Labor.

Zhang filed a labor complaint seeking compensation in the amount of $1,220 for wages that he would have earned during the remainder of his contract.

The worker tried but failed to find employment during that period.

In addition to the payment for lost wages, the respondents agreed to pay the $300 medical bill owed by Zhang to the Commonwealth Health Center.

Soll said requests for medical treatment were made during the course of the complainant’s work, but the respondents refused them.

During the investigation of the complaint, the respondents failed to submit requested payroll records and thereby hindered the Labor director’s investigation, Soll said.

He said Zhang was contractually employed as a commercial cleaner, but his employer assigned him to perform as a security guard and a construction worker.

The hearing officer said the testimony of both complainant and respondent (Hwui) support the contention that the work performed was for both the corporate employer and the general manager, in his individual capacity.