Vol. 35 No.11
       ©2007 Marianas Variety
Friday, March 30, 2007 www.mvariety.com
Serving the CNMI for 35 years
 


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Alien workers say they were forced to perform sexual acts

By Haidee V. Eugenio
Variety Assistant Editor

LABOR Hearing Officer Barry Hirshbein has asked the Attorney General’s Office to investigate a possible case of human trafficking involving at least six alien workers who were brought here as waitresses but were allegedly coerced by their former employers into performing sexual acts with bar customers, in addition to other possible criminal violations.
The workers were also not paid their hourly wages or overtime, were illegally confined in their barracks, and had illegal deductions made from their wages, among other labor violations.
On Wednesday, Hirshbein issued a 27-page administrative order awarding $110,000 in wages, damages and liquidated damages to nonresident workers Marites A. Aurelio, Ronna D. Santo Domingo and Rosalina C. Oliva.
Three of their former co-workers, who testified in the labor case, also suffered the same abuses from the employers.
Hirshbein imposed a $10,000 sanction against the employers: Bienvenida C. Camacho, Felipe SN. Camacho and Michelle Corp. who owned Benny’s Place.
Mrs. Camacho managed the bar and was named as the primary responsible party in these abuses.
The workers testified that their employers would not pay their wages and overtime if they didn’t perform “acts of a sexual nature.”
“The evidence in this case is overwhelming. Respondent Bienvenida C. Camacho flagrantly violated numerous provisions of the Nonresident Worker Act and the Alien Labor Rules and Regulations,” Hirshbein said.
In some instances, Mrs. Camacho instructed the workers to fly from the Philippines to Hong Kong and then depart Hong Kong for Saipan as “tourists” to avoid the Philippine Overseas Labor Office’s requirements of authenticated contracts.
The workers were hired by the employers as waitresses for Benny’s Place, but once they reached Saipan, their duties “were very different.”
The workers testified that Mrs. Camacho instructed them to “engage in intimate contact with patrons including hugging, kissing, touching the customers’ genitals and allowing customers to fondle them.”
“Mrs. Camacho brought these workers into the CNMI under false pretenses,” said Hirshbein. “In addition to the other possible criminal violations suggested by this case, the hearing officer recommends that the Office of the Attorney General determine whether there was a violation of the Anti-Trafficking Act of 2005.”
Hirshbein said Mrs. Camacho’s “testimony lacked any credibility,” and that “fraud and deceit permeate every aspect of her business activities.”
By Mrs. Camacho’s own admission, she submitted false documents to the Philippine government to hire the workers.
Mrs. Camacho also submitted false documents to the CNMI Department of Labor based on the evidence, said Hirshbein.
“There is strong evidence of tax fraud by reporting wages that were not paid; by not reporting commissions as salaries; and by failing to report the employer’s share of ladies drinks as income,” said Hirshbein.
The workers were restricted to their barracks during non-working hours, and were required to sign payroll records under threat that they would not receive the commission payments but these payroll records did not reflect the actual amount they receive as wages. The wages were much lower than what was in the contract, and were subject to illegal deductions.
In the order, Hirshbein said nonresident worker Marites A. Aurelio is entitled to receive $49,496 for unpaid wages and overtime, liquidated damages, contract damages for unexpired term, health examination payments, and processing fee reimbursement.
Ronna D. Santo Domingo is entitled to a total of $30,607.40, while Rosalima C. Oliva, $30,357.40.
Hirshbein also permanently barred the respondent employers from employing alien workers in the CNMI.