Houseworker fails to meet Labor’s transfer deadline

The Department of Labor’s administrative hearing office has ordered a houseworker to depart the CNMI for finding a prospective employer 43 days after her transfer deadline expired.

“The fact that one prospective employer almost submitted an application during the transfer period does not constitute grounds to set aside the statutory deadline,” according to administrative hearing officer Jerry Cody.

Cody said he believes it is beyond his discretion to set aside the 45-day transfer period based solely on the worker’s failure to find work during the transfer period.

“The facts of this case do not justify granting an equitable extension of the standard 45-day period,” said the hearing officer in affirming Labor director’s decision to deny the permit transfer application filed by Vicente C. Borja to employ Odahlia S. Madarang.

Cody ordered Madarang, a Filipino, to depart the CNMI within 20 days as she no longer has a valid work status to remain on the island.

Laurina F. Boyer, Madarang’s employer of record, was directed to provide the repatriation airline ticket.

Labor records indicate that Madarang was formerly employed by Boyer as a houseworker on a nonresident work permit that expired on April 6, 2006.

Madarang had 45 days after the expiration of her permit to find a new employer and have a transfer application filed on her behalf. The transfer deadline was May 21, 2006.

On July 3, 2006, Borja filed a transfer application to employ Madarang as a houseworker. Labor denied the application for being untimely, as it was filed 43 days after the transfer deadline expired. The houseworker and Borja appealed.

At the hearing, the administrative hearing office established that Madarang arrived in the CNMI in December 1997, and has worked here since that time. Madarang’s work permit expired on April 6, 2006. She then began looking for a new employer.

Madarang found one prospective employer who began to prepare a transfer application to hire her. But the employer had some doubt that Labor would allow her to hire another houseworker. About one week before the 45-day period expired, the prospective employer informed Madarang that she would not be allowed to hire her.

Madarang was unable to secure new employment by the transfer deadline. More than a month after the transfer deadline passed, Madarang learned that Borja was looking for a houseworker. Borja promptly prepared the transfer application, which was filed on July 3, 2006.

At the hearing, Labor took the position that the denial should be affirmed and that Madarang should be ordered to depart.

In his order, Cody cited that under Public Law 11-6, a nonresident worker has 45 days after the expiration of her work and entry permit to secure a new employer and have a transfer application filed on her behalf.

Cody said a worker who fails to secure an employer and have an application filed within the 45-day transfer period must depart the Commonwealth.

The Administrative Hearing Office exercises its discretion to excuse parties’ failure to meet a transfer deadline where the facts and circumstances make it fair and just to do so.

In this case, Cody pointed out, Madarang made a good effort to find work but failed to have a transfer application submitted on her behalf within the transfer period.

Six weeks after the statutory deadline, Madarang found a new employer and that employer filed the application.

Madarang requested that an equitable extension be granted that would allow her application to be processed even though it was filed more than a month after the deadline.

But Cody said the Hearing Office is obligated to apply the statutory 45-day transfer deadline, absent special circumstances that would justify granting an extension.

“In this case, neither the employee nor the employer acted in bad faith. Rather, the evidence shows that this worker simply did not find a suitable employer until nearly three months after her permit expired,” he said.