‘Employer’ penalized for fraud

FOR entering into a fraudulent employment contract, a person who allowed her name to be used as “employer” is now permanently disqualified from hiring non-resident workers. She was also asked to pay a fine of $2,000 and purchase the repatriation ticket of her “employee.”

Accordingly, the unlawful conduct resulted in the immediate revocation of the work permit and the repatriation of the employee within 30 days.

In an administrative order dated June 6, Department of Labor and Immigration Hearing Officer Jerry Cody said evidence showed that both Maria Anafe Salinas, who acted as employer, and Rosana Villaraiz, the employee, “made willful misstatements on the non-resident work permit application.”

Cody said the respondents submitted “a false contract that did not reflect the actual agreement between parties.”

DOLI records showed that in Aug. 2001, Villaraiz and her husband asked Salinas “to engage in a scheme” to get a work permit for her. Under their agreement, Salinas would “sponsor” Villaraiz on a one-year contract as a house worker.

They also agreed that Salinas would not give any pay or wage since her name would only be used “in order to cause DOLI to issue a work permit.”

The department said Villaraiz processed her own application paper and paid the necessary fees.

In Dec. 2001, Salinas asked Villaraiz to obtain a consensual transfer to another employer. At that time though, Villaraiz could not seek transfer of employment because her permit had not been released. Her work permit was issued last February.

No actual employment services were performed by Villaraiz for Salinas, DOLI said. Upon receiving “an anonymous tip,” the Division of Labor filed a complaint against the two last March.

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