Worker directed to depart CNMI

Labor administrative hearing officer Barry Hirshbein yesterday ordered an alien worker to depart from the CNMI after a prospective employer filed the transfer application four days late.

Hirsbein said Andrea T. Victorio must depart the CNMI within 10 days after the repatriation ticket is delivered to the Department of Labor or the matter will be referred to Immigration.

Hirshbein said Victorio, a Filipino, has 15 days to file an appeal to the Labor secretary.

The hearing officer said Victorio knew of the impending deadline and questioned the employer, Angel Wings Corp., only once about the processing.

“Employee should have done more to make sure that her application was submitted in a timely fashion or in the alternative seek another employer,” he pointed out.

Hirsbein said Angel Wings and the worker are equally at fault for the late filing.

Labor records show that Angel Wings Corp.’s employment application for Victorio was submitted on May 14, 2006. Her entry permit expired on Jan. 24, 2006.

The last day for timely filing the employment application was April 10, 2006. The application was filed four days late.

Victorio acknowledged that she was aware that her transfer application had to be submitted to Labor within 15 days of expiration of her former employment.

Victorio stated that she asked the employer what was happening with the processing. In early March, the employer told her that he was working on it.

The employee expected the employer to submit the application. The employer explained that he just overlooked the date for submission.

Labor requested that the denial of the application should be affirmed.

In affirming the denial, Hirshbein said the law states that an “employee shall have a total of 45 days after the end of the contract to secure new employment.”

Hirshbein said there is no ambiguity in this regulation.

“If no application is submitted to the Department of Labor within the period allowed by law then there is no basis for granting transfer. The language is mandatory,” he said.

“Workers who are approaching the deadline for transfer must be sure that a prospective employer is aware of the deadline and is able to meet the submission deadline requirements,” he said.

Hirshbein noted that workers have the right to obtain information from Labor regarding the status of their application and must be prepared to seek alternate employment if a prospective employer is delaying the submission of the application.