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Labor reverses permit denials of two nonresident workers
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Posted on Jan 25 2005
The Department of Labor’s Hearing Office recently reversed an earlier denial of Labor permit applications for two nonresident workers.
The application for cashier Garaldine M. Sabio, employed by Kim and Shim Corp. which operates a grocery market, was earlier denied by Labor after the employer failed to obtain a waiver for the one-to-one employment ratio for resident to nonresident workers.
Sabio’s renewal application was timely filed on July 13, 2004, a day before her permit expired.
A notice was issued to the employer, who was given 10 days to correct the deficiencies.
On Aug. 28, 2004, Labor denied Sabio’s application because no corrective documents were submitted to the department.
At a Jan. 4 hearing, the employer explained that between the time he received the notice of denial and the date of the hearing, he had hired a local worker as a retail trade cashier. Documentary proof was submitted as evidence, prompting hearing officer Maya B. Kara to reverse the denial decision and remand the application to the Processing Section for review.
In a separate case, Labor reversed the denial of a transfer permit application for Lina Mitra Balan, a house worker.
Balan’s application was earlier denied by the department because it was found to be incomplete.
The employer, Edwin H. Ngiramos, was represented by his son, who, with Balan, agreed to complete the submission of required documents.
Citing the completion of the requirements, hearing officer Maya B. Kara reversed the denial decision and remanded the application to the Processing Section to resume processing.
Balan’s application was timely filed on July 30, 2004 and the department denied it on Sept. 8, 2004 based on failure to comply with the requirement for a worker’s affidavit and failure to complete the employment contract.
