Labor sanctions construction firm for the late filing of docs

The Department of Labor has sanctioned a construction company for failing to produce documents on time in relation to its hiring of seven alien workers.

Labor Administrative Hearing Officer Jerry Cody ordered Misamis Construction (Saipan) Ltd. to pay a $300 fine to the CNMI Treasury for its failure to timely submit to Labor three documents—list of citizen and resident workers, certification regarding posting of Job Vacancy Announcements, and payroll summary.

Cody granted the seven workers permission to transfer to Misamis Construction, subject to Labor’s subsequent approval of the application.

He directed Misamis Construction to file an application for transfer of each seven workers to a new job under a one-year contract.

‘If Misamis fails to file complete applications in a timely manner, the permission to transfer may be automatically revoked and petitioners shall then be required to report to the Hearing Office on or before the 30th day after the issuance of this order to make arrangements for repatriation or further transfer,” said Cody in the order issued Tuesday.

According to Labor records, the workers—Rosve A. Naluz, James Dagupan, Lucio O. Yasona, Martin R. Ventura, Warlito Inez, Ernesto D. Medina, and Loreto P. Niedo—registered with Labor Division of Employment Services, then submitted Employer Intent Forms signed by Misamis Construction.

Employment Services lodged an objection to each petition, asserting that Misamis was not making good faith efforts to meet its obligation to have citizens and permanent resident workers comprising at least 20 percent of its full-time workforce.

Cody and the same parties in the case had previously tackled the “20 percent” issue in a hearing in August 2008, which resulted in the administrative order issued on Aug. 12, 2008.

The Aug. 12, 2008, order imposed a number of continuing obligations on Misamis so it could meet the 20 percent requirement for resident workers.

Misamis was ordered to hire and employ a minimum of three citizens or permanent resident workers (trainees or experienced workers) each month, beginning September 2008, and continuing each month for a period of one year.

Misamis was also ordered to provide Employment Services with a list of all U.S. citizens and permanent resident workers hired by the company each month.

Each list was to be delivered to Employment Services on or before the 7th day of the month following the applicable month. Thus, the September list was due on Oct. 7, 2008.