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Employer fined for late filing of work application
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Posted on Dec 26 2005
The Department of Labor has fined a company $400 over its late filing of an employment application, but allowed the processing of the employee’s work permit.
Labor hearing officer Herbert D. Soll ordered Sea Lovers Marianas, Inc. to pay the fine, saying that the late filing of the application resulted from the company’s negligence.
Soll, however, reversed an earlier decision by the Labor Division that denied the application to employ Dario R. Costales. The company and Costales had appealed the division’s decision before the department last Nov. 8.
“Rather than impose the ultimate penalty of repatriation on the employee, it is preferable to sanction the employer for his negligence,” Soll said.
In an administrative order, Soll noted that Costales had worked for the company, but transferred to another firm as his subsequent employer. Costales’ work permit with the subsequent employer expired on July 2, 2005.
Soll noted that Costales decided not to renew his employment contract with the subsequent employer, approaching Sea Lovers Marianas’ president, Mamerto Arboliras, about the possibility of working with that company again.
“Mr. Arboliras admitted to hesitating because of the economic slowdown in the Commonwealth and then losing track of the time in which an application would have had to be filed on behalf of Mr. Costales,” Soll said.
Soll said the employer eventually filed the application with the Labor Division more than one month late.
