3 businessmen ordered to pay illegally hired workers

According to Labor, Kuan Leung, Lin Yubao and Ren Jianping facilitated the fraudulent scheme that victimized three workers.

Kuan is the director and shareholder of Jinji Corp., which is licensed to operate the Violet Beauty Salon and Barber Shop, while Lin  and Ren are with Liberty Corp.

The complainants — Zhou Yincheng, Lu Yinxiang and Zhang Naiqin — told Labor that they were hired to work on a construction and restaurant business based on their job experience in China.

Labor Hearing Officer Herbert D. Soll, in his order dated Sept. 21, said the complainants were asked to pay $9,745 each in processing and recruitment fees.

Soll said Lin had varying family connection with the three complainants who are from Jiangsu province, China.

Lin telephoned each of them with the apparent intention of recruiting them to work on Saipan, he added.

During the investigation, the complainants submitted to Labor the reports of their medical examination performed in China, police clearance, signed nonresident workers affidavits and employment contracts.

The records also contained an employment certification indicating that they are beauticians and have worked in that capacity for the required amount of time, Soll said.

However, the complainants denied signing any of the documents.

Zhou and Lu arrived on Saipan on Dec. 2 while Zhang arrived on Jan. 27.

Each of them spent $325 on their air fare.

Upon their arrival here, they were taken by Lin  to a location where housing was initially provided.

The complainants were again told to pay $300 in additional “processing fee.”

On March 29, 2007, Kuan asked Labor to discharge the three complainants as his employees.

“This was inconsistent with a legitimate employment relationship based upon a need for employees with certain skills,” Soll said. “He knew that their training and experience was in a very different area of work and he benefited from the payments that they had made to secure employment.”

Labor said  Kuan and Lin are “jointly severally indebted” to each of the three complainants in the amount of $10,370 for having extracted illegal fees and for causing the complainants to pay for their transportation costs.

Kuan and Lin are also ordered to pay each of the complainants $6,864 for anticipated wages that would have been earned had their contracts been legitimate.

Soll said the awards must be paid by Oct. 10, 2008.

Labor said the three complainants were entitled to seek transfer of employment but they decided to go home.

 

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