Pregnant ex-worker of Neo Fashion gets DOL consideration

Department of Labor Administrative Hearing Officer Maya B. Kara has ruled that imposing a 45-day period to transfer to a new employer on a pregnant worker of the defunct Neo Fashion Inc. would be inhumane.

Ms. Guo Mingfu, who was due to deliver her baby on New Year’s Day, was given more than 45 days, or until Feb. 15, 2006, to look for a new employer.

Kara said to give Guo only 45 days to secure a new employer would not only be inhumane but would force her into an illegal status.

Kara said due to Guo’s advanced state of pregnancy, she is not only unlikely to get a transfer employer within the 45 days granted to other Neo Fashion alien workers, but, more importantly, she would not be allowed to board an airplane in the event that she needed to repatriate.

“The role of the administrative hearing process is to enforce the laws of the Commonwealth. Public policy is not well served when compliance with an administrative remedy forces a further violation of the law,” she noted.

If Guo fails to provide proof of the filing of a labor permit application to a transfer employer until Feb. 15, she will be required to depart from the CNMI, Kara said.

Labor records show that in July 2005, Labor filed a case on behalf of 381 workers to conduct an investigation regarding the anticipated closure of business operations by Neo Fashions and to oversee the company’s full compliance with applicable labor laws.

The number of workers was reduced because some had been repatriated, reallocated or transferred.

Labor identified 50 complainants, including Guo, who are currently eligible for transfer relief.

With respect to Guo, during an administrative hearing on Nov. 7, 2005, she requested for an extended transfer period due to her advanced pregnancy. The hearing officer took her request under submission and requested medical proof of her condition.

On Nov. 25, 2005, Guo presented to the hearing office a pregnancy verification issued by the Commonwealth Health Center, stating that as of that day, she was 34 weeks and five days pregnant and that she was due to deliver her child on Jan. 1.

Accordingly, Labor requested that Guo’s transfer period be extended until 45 days after her anticipated due date.

In her administrative order, Kara said under extraordinary circumstances, transfer periods exceeding 45 days have been granted.

Kara has also authorized 49 of the 381 workers to seek transfer to employers until Jan. 15, 2006. (Ferdie de la Torre)