Vol. 34 No.258
       ©2007 Marianas Variety
Thursday, March 15, 2007 www.mvariety.com
Serving the CNMI for 34 years
 


© 2007 Marianas Variety
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Another employer abandons worker

By Haidee V. Eugenio
Variety Assistant Editor

ANOTHER employer closed her business without informing the Department of Labor, and abandoned her nonresident worker who is owed $11,022.70 in back wages, liquidated damages and anticipated contractual damages.
H.L. Corp., doing business as 4U Restaurant, hired Lin Gui Yue on Oct. 20, 2005.
Lin worked for 4U Restaurant until Feb. 24, 2006.
Lin was paid for the first month of her employment, but was not paid for the period of Nov. 24, 2005 through Feb. 23, 2006.
The respondents in this labor case — H.L. Corp. and its four corporate officers Seo Min Chul, Lee Kyu Sook, Lee Byong Joo and Lee Jeong Hee — abandoned the worker when the restaurant manager closed the restaurant, told the worker she would be gone for a short time, and left Saipan for Korea.
The worker waited for the manager to return before filing a complaint, requesting Labor to grant her the right to work for another employer but she was unable to find one.
Labor Hearing Officer Herbert D. Soll, in a March 7 administrative order, said the respondents owe the worker $3,095.75 for work performed, and another $3,095.75 in liquidated damages for work performed, for a total of $6,191.50.
Soll said the respondents did not notify Labor or the worker of their intention to close the business, and they are responsible for the balance of the complainant’s contract from Feb. 24, 2006 through Nov. 28, 2006. The anticipated contractual wages amounted to $4,831.20.
In his three-page order, Soll said the respondents are indebted to the complainant in the amount of $11,022.70.
The hearing officer disqualified H.L. Corp. and its corporate officers from employing any nonresident worker in the CNMI until they pay the worker.
The worker, according to the labor hearing officer, may seek transfer relief for a period of 45 days from the date of the order.
Soll said if the respondents do not satisfy the provisions of the administrative order within 15 days, then Oceania Insurance Corp. — which issued the approved bond for the payment of the worker’s wages and repatriation — should compensate the complainant to the extent of its exposure.
“Failure to do so should cause a suspension of the acceptance of any further bonds of Oceania,” said Soll.
The labor hearing officer also sanctioned each of the five respondents $500 for violation of law and regulations for not appearing for the investigation of the complaint and for failing to pay the complainant’s wages, for a total of $1,000 fine each.
In recent months, Labor has discovered many employers closing their businesses without informing authorities and abandoning their workers.