‘Workers responsible for monitoring filing of transfer application’

The perception that the filing of an application to transfer to a new employer is out of the workers’ hands is not entirely correct, according to the Department of Labor.

In affirming the Labor director’s denial of Chaweewan Onkok’s transfer relief, Labor administrative hearing officer Barry Hirshbein said workers who are approaching the deadline for transfer must ensure that a prospective employer is aware of the deadline and is able to meet the submission deadline requirements.

“Workers have the right to obtain information from the Department of Labor regarding the status of their application,” Hirshbein pointed out.

Nonresident workers, he said, must be prepared to seek alternate employment if a prospective employer is delaying the submission of the application.

The hearing officer ordered Onkok’s employer of record to provide a repatriation ticket within three days of service.

He said Onkok must depart the CNMI within 10 days after the repatriation ticket is delivered to the Department of Labor or the matter will be referred to CNMI Immigration.

Labor records indicate that the Labor director denied Curry Enterprises’ transfer application for Onkok because it was submitted beyond the 45-day expiration transfer period allowed by law and regulation.

The employee’s entry permit expired on Jan. 5, 2005. The last day for the timely filing of an employment application for him was Jan. 10, 2006.

The employment application was not submitted to Labor until Feb. 10, 2006, 30 days beyond the 45-day expiration transfer period.

Onkok approached Curry Enterprises in November 2005 at the end of her last employment contract. The company agreed to give her a trial work period.

The employee worked from November 2005 to the present without a contract. She was paid a salary of $3.50 per hour.

Hirshbein referred the matter to the Labor director for possible agency action, saying this kind of employment relationship is a violation of law and regulation.

Hirshbein said there is no ambiguity in the 45-day regulation to secure new employment.

“If no application is submitted to the Department of Labor within the period allowed by law then there is no basis for granting transfer,” he said.

The hearing officer said the language of the law is mandatory and if an application is not submitted on time the employee must depart.