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Labor reverses denial order
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Posted on Oct 19 2005
Labor hearing officer Maya B. Kara has reversed an earlier department order denying the work permit application of a nonresident worker, saying that the worker was without fault.
Kara, in an administrative order dated Oct. 11, granted Jin Chun Song and his employer Future World Inc. “an equitable extension of the 45-day transfer period.”
“The decision of the Director of Labor to deny the application should be reversed and the application remanded to the Processing Division for further processing,” said Kara.
The Division of Labor denied Jin’s application last June for late submission.
Jin’s permit expired on Nov. 11, 2004 but the application was filed one day late on Dec. 29, 2004.
Based on the hearing, held on Sept. 1, it was found that Jin has been working for the employer on a conditional grant since Dec. 29.
Kara said the employer took full responsibility for the late filing “stating that it was a simple oversight.”
In her decision, Kara said the employer should be sanctioned with a $50 fine.
“The employer has admitted negligence in causing the application to be filed beyond the statutory deadline. …The employer should be sanctioned…and cautioned to observe deadlines more carefully in the future,” Kara said.
