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Employer fined for missing filing deadline by one day
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Posted on May 06 2005
The Department of Labor has fined an employer who missed the deadline for filing an employment application by one day.
In a May 5 administrative order, Labor hearing officer Maya Kara ordered Asuncion Pagcu to pay $100 as a condition for the reversal of a Division of Labor decision denying a work permit application filed by the employer.
Pagcu, owner of a new clothing retail store, submitted the application to hire Maria Cielita D. Cascasan, whose most recent labor permit expired on Dec. 17, 2004.
Pursuant to the Amended Alien Labor Rules and Regulations, a nonresident worker has 45 days after the end of the contract term to secure new employment.
Cascasan’s transfer period expired on Jan. 31, 2005, but the employment application was not filed one day after. This resulted in the Labor Division’s denial of the application.
At the May 3, 2005 hearing, Pagcu testified that her store was a new business and that it was her first attempt to hire a nonresident worker. Pagcu took responsibility for the lateness, saying she had miscalculated the days, according to Kara.
“Based on the evidence I find that, although the employee exceeded the 45-day transfer period for finding a new employer, this omission was through no fault of the employee; the deadline was missed by only one day; and the employer was inexperienced in the procedures involved in the filing of labor applications,” Kara said.
She concluded that Pagcu and Cascasan should be granted a 45-day extension to the transfer period. She also instructed the Labor Processing Division to resume processing the application. (Agnes E. Donato)
