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By Haidee V.
Eugenio
Variety Assistant Editor
LABOR Hearing Officer Barry
Hirshbein has asked the Attorney Generals 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 Bennys
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 didnt 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 Offices requirements of authenticated
contracts.
The workers were hired by the employers as waitresses for Bennys
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. Camachos testimony lacked any credibility,
and that fraud and deceit permeate every aspect of her business
activities.
By Mrs. Camachos 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 employers 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.
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