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‘Labor does not favor retroactive renewal’
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Posted on Mar 07 2006
As a general rule, the Department of Labor does not favor allowing workers to engage in “retroactive” renewal, according to Labor hearing officer Jerry Cody.
Cody, however, said that, in the case of Jin Joo Corp. and employee Beong Gwen Cho, the department has been lenient and agreed not to oppose the renewal for Cho, provided that a sanction is paid for the late filing.
Cody said he agreed with the department’s position and hold that the denial of Cho’s work permit renewal should be reversed, provided that Jin Joo Corp. pays a monetary sanction for the late filing.
The hearing officer directed the corporation to pay $200 and resume the employment relationship between Jin Joo Corp. and Cho.
Labor records show that Cho worked as an accountant for Jin Joo Corp. under a nonresident work permit that expired on Nov. 24, 2005. Jin Joo Corp. filed a renewal application on Dec. 29, 2005.
On Jan. 5, 2006, Labor denied the application on the grounds that the renewal application was filed 35 days late.
Jin Joo and Cho appealed.
During the hearing, Labor established that before his latest permit expired, Cho informed his employer that he did not want to renew his contract.
About one month later, Cho returned to the general manager and asked to be allowed to return to work.
The employer agreed to file the late renewal. The employer told Cho that he could not work until the denial appeal hearing was held.
At that point, Cho returned to Korea to await the outcome of the appeal.
Cody said the untimely filing was the fault of the employee, who rejected Jin Joo’s offer to renew his employment contract and left the company in search of a new job, then returned to the employer one month later to ask for his job back.
The employer, Cody said, agreed to take the worker back and has agreed to pay a sanction for the late filing.
