Ex-Sako workers given more time

Some 42 ex-workers of defunct garment firm Sako Corp. who were involved in the Equal Employment Opportunity Commission lawsuit against the company have until Dec. 23 to find a new employer, or they may have to go back to their home countries and spend penniless holidays.

This developed even as some workers in the EEOC action claimed that they have not receive a single penny despite a $1 million judgment by Saipan’s federal court against Sako. The EEOC had filed the suit against the company on behalf of some 65 workers for discriminatory employment practices.

The CNMI Department of Labor has issued a supplemental order granting 42 of the 65 workers 45-day transfer relief within which they should have a new employer file a work permit on their behalf. The Labor Department has ordered the cancellation of all memoranda that authorized those workers to seek employment, as well as all temporary work authorizations.

“An employee/complainant who does not wish to seek a transfer employer is entitled to be repatriated to the country of his or her origin. These persons shall register with the department for repatriation within the time of the transfer period but no later than Dec. 23, 2005,” said Labor hearing officer Maya B. Kara.

In a Nov. 8 order, Kara said those who would be unable to provide the department proof of the filing of a labor permit application within the transfer period would be required to leave the CNMI.

Kara said that, while repatriation should be the primary responsibility of Sako, the company’s bond should be liable for the costs of repatriation upon demand by the Labor Department, in light of the company’s closure.

Kara directed the CNMI government to assist in the repatriation of the workers if the sureties default on the bond.

Sako ceased operations on March 10, 2005. Several parties have been running after Sako for unpaid debts and obligations.

The company had sold some of its equipment abroad after closing down on Saipan. No asset of Sako has reportedly been garnished to satisfy the $1 million judgment by the federal court in the EEOC action.

The Labor Department granted transfer relief to the 42 workers without proceeding to a hearing requested by the EEOC, finding that relief is warranted under the circumstances.

Besides noting that the workers prevailed in the EEOC lawsuit, Kara said the workers were not equally at fault concerning matters that led to the EEOC action.

Kara said the workers could seek employment not only within the garment industry, but also with other companies engaged in other businesses.

“For transfers within the garment industry, the Job Vacancy Announcement for [the workers’] transfer is waived, except for the following job classifications: trimmer, packer, security guard, maintenance worker or office worker. For these restricted job classifications, the normal requirements of JVA shall apply,” Kara said.

Earlier, the Labor hearing office had also extended transfer relief for other Sako workers affected by the factory’s closure, which became effective from Sept. 23 to Nov. 7.

The Labor Department earlier disclosed that it reached an agreement with another garment firm to hire all of the former Sako sewers who remain on-island. The department said other prospective employers have also indicated their interest to hire former Sako workers.