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Labor disqualifies company from hiring alien workers
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Posted on Feb 16 2009
For not paying a worker his wages, the Department of Labor has barred a corporation and its officers from employing alien workers in the CNMI for five years.
Labor Administrative Hearing Officer Herbert D. Soll disqualified Mars Corp. and its officers and shareholders—Gregorio N. Malit, Margarita Ramon, and Marcilo S. Aquino—from hiring foreign workers.
Soll found Mars Corp. liable to pay alien worker Rodolfo S. Ebdane $7,570.40 in unpaid wages plus liquidated damages in equal amount, for a total of $15,140.80. Soll ordered Mars Corp. to pay the award on or before Feb. 28, 2009.
If the respondent fails to pay this award by Feb. 28, the Labor director has been asked to take all necessary steps to secure payment from the bonding company that provided the security.
Ebdane was allowed to transfer to a new employer. He was required to register with Labor’s Division of Employment Services within 30 days.
According to Labor records, Ebdane was employed with Mars Corp. from 2004 to April 2008.
During the course of his employment, Ebdane was not paid according to normal and required payroll procedures. He was merely given a series of advances.
After deducting the amount actually paid—the advances from the total of earned wages—Mars Corp. continues to owe Ebdane the amount of $7,570.40.
At the Labor hearing last Feb. 9, Ebdane was present. Mars Corp. president Malit, vice president Ramon, and treasurer Aquino failed to appear although they were served with notices of the proceeding.
Mars Corp. officers also failed to appear for mediation and then for investigation of the case.
In his administrative order, Soll said that Labor’s repeated contacts with Mars Corp. officers through mail and verbal communication were ignored. The corporation, Soll said, was deemed to be in default.
“The failure to pay full wages was willful and liquidated damages in an equal amount will be awarded,” the hearing officer said.
