DOL to workers: Choose employers carefully

The Department of Labor urged 13 nonresident workers to be cautious in choosing potential employers, after their transfer applications were denied because of their previous employer’s inability to post a cash bond.

Labor hearing officer Jerry Cody, who granted the workers 45 days to seek new jobs, warned the workers that the transfer relief was meant as a “final opportunity” for the workers to find suitable employers who will file lawful and complete applications on behalf of the workers.

“The transferring workers are reminded to exercise care in choosing prospective employers who will follow through on their obligation to submit complete and valid applications. Denial of subsequent transfer applications for these workers may lead to the denial of further transfer relief for these workers,” Cody said.

Records showed that the 13 workers are among the 42 employees who had wanted to transfer to FC General Commercial Services, owned by Juan and Fe Cabrera.

Half of the applications, however, were denied after it was found that Cabrera lacked the financial ability to provide a cash bond for each of the 21 workers, as required by the Regulations Regarding Security Guard and Manpower Companies and Service Providers.

The regulations require an employer to post a minimum cash bond of three month’s wages and airfare for each “manpower” employee covered by the regulations.

Many of the workers whose applications were denied approached the department and appealed the denials. Eight of them applied to work for L&T International Corp. and were allowed to transfer.

Three others filed a labor case against Cabrera, alleging that Cabrera had breached an obligation to secure an approved transfer application for them. But at the hearing, they admitted that they filed the case with the sole aim of securing additional transfer rights. They added that if they were granted transfer relief, they would dismiss the labor case in its entirety.

Cody allowed them to transfer to new employers.

“If any [of the 13 workers] fails to provide proof of the filing of a labor permit application within the 45-day transfer period, that complainant shall be required to depart from the commonwealth at the expense of [FC General Commercial Services],” Cody said. “In any event, any refusal or failure by a complainant to depart from the Commonwealth shall result in his or her name being forwarded to the Office of the Attorney General for deportation proceedings.”