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Worker told to leave NMI
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Posted on May 07 2005
A nonresident worker was ordered to depart the Commonwealth for getting involved in an illegal sponsorship scheme.
In a May 5, 2005 administrative order, Department of Labor hearing officer Maya Kara said Amphon Kaewdaeng no longer has a valid work status to remain in the Commonwealth and should therefore depart the CNMI in 20 days.
Kaewdaeng’s former labor permit as a cook for Onwel Garment Manufacturers had expired on Sept. 22, 2004. Her 45-day transfer period expired on Nov. 6, 2004.
On Nov. 17, 2004, Augustin N. Rios filed an application to hire Kaewdaeng as a farmer on his 3,500 sq. meter property in As Lito. However, the Division of Labor denied the application on the ground that it was untimely filed.
At the May 3, 2005 hearing, Rios admitted that he was not engaged in commercial farming operations. Rather, he grows a few vegetables and keeps a few fighting cocks. He also admitted that he had never employed a farmer and that he hired Kaewdaeng as a favor to her because her transfer period was expiring and she was not able to find an employer, Kara said.
Kara added that Kaewdaeng had never been employed as a farmer although she apparently grew up on rice farm in Thailand.
The hearing officer also quoted Rios as telling the Labor director in a letter that “I have no choice but to help her because the Onwel Garment Company did not renew her contract.”
“[T]he totality of circumstances of the employment points to an illegal sponsorship relationship. The best of intentions and humane concerns, which I believe that Mr. Rios fully possessed, are no substitute for legitimate employment. There is no justification for a ‘sponsorship’ arrangement under CNMI law. Rather, such an arrangement is in violation of the fundamental policy of CNMI labor laws,” Kara said. (Agnes E. Donato)
