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Labor allows employer to hire her son as nonresident worker
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Posted on Jan 04 2006
The Department of Labor has reversed the decision of the Labor Division, which initially denied the work permit application of an employer on behalf of her son.
Labor hearing officer Herbert D. Soll directed the Labor Division to process the application of Estrellita S. Quichocho on behalf of her son, Rex John S. Penaroyo.
Soll noted that Quichocho has a vacant slot for the off-island hiring of a houseworker because her previous worker had returned home due to medical reasons.
Initially, the Labor Division denied the application of Quichocho to hire Penaroyo, saying that she did not justify the need for a houseworker. Quichocho had also candidly admitted that the prospective employee is her son.
The Labor Division had suspected the application as a “sponsorship”—a sham employment of a nonresident worker to legitimize his stay in the Commonwealth.
Quichocho and Penaroyo, however, appealed the division’s decision. During a hearing on the appeal, Quichocho said that her son would be required to work at the day care center that she operates.
“This would be possible because the position calls for an hourly wage rather than exempt monthly wage. The sincerity of the employer and her obvious command of the work situation…led the department to request a reversal of the denial of the application,” Soll stated, in his Dec. 30, 2005 administrative order.
