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Worker granted transfer relief
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Posted on Nov 07 2005
The Department of Labor allowed a nonresident worker to seek another employer after denying the prospective employer’s work permit application on her behalf.
Labor hearing officer Jerry Cody noted that both employer Estefania Amirez and worker Pailin Saimueng had agreed to cancel the application, which resulted in its denial by the Labor Division. The hearing officer affirmed the denial.
Cody noted that Amirez filed the transfer application on April 8, 2005 on behalf of the worker, whom she intended to hire as houseworker. On Aug. 10, the employer requested cancellation of the application due to communication problems between her and the worker.
The Labor Division denied the application on Sept. 12, but the parties appealed the matter before the department so that Saimueng could be given transfer relief.
In a recent administrative order, Cody granted Saimueng 45 days within which she should have a new transfer application filed on her behalf by another employer. The hearing officer advised Saimueng to attach an updated police clearance, health certificate and a copy of his order to the transfer application.
If the worker fails to beat the deadline in having a new application filed on her behalf, Cody said Saimueng’s last employer of record should repatriate her back to her home country. The worker faces possible deportation proceedings if she refuses to leave the CNMI.
“Pailing Saimueng is warned that if the next application to transfer is denied, any further transfer relief would be discretionary rather than automatic,” Cody said.
