The Department of Labor said Rodolfo Ebdane, a worker of Mars Corporation, is entitled to receive $7,570 in unpaid wages and “an equal amount in liquidated damages” of $15,140.80.
“The failure to pay full wages was willful and liquidated damages in an equal amount will be awarded,” Hearing Officer Herbert D. Soll said.
In his order dated Feb. 10, Soll said Mars Corporation and its officers and shareholders are disqualified from employing, or in any way using, nonresident workers in commonwealth for five year from the date of the order.
Ebdane was employed from 2004 to April 2008 with Mars Corporation but during the course of his employment he was only given a series of cash advances. He carefully recorded what he received.
Soll said after deducting the amount actually paid through cash advances, Ebdane still had $5,570.40 in unpaid wages.
Mars Corporation was asked to pay the unpaid wages by the hearing officer of the Department of Labor.
Applicable taxes will be withheld and paid to the treasury. The award is to be paid by certified check or money order to the labor director and to Ebdane on or before Feb. 28, 2009, the order stated.
Soll said if the Mars Corporation does not pay the award within the specified period of payment, the labor director will take the necessary steps to secure payment from the bonding company that provided the surety filed with Ebdane’s application.
Soll said the corporation’s president, Gregorio Malit; vice president Margarita Ramon; and its treasurer Marcilo Aquino; failed to appear before the hearing officer during a hearing earlier this month.
Despite repeated contracts through mail and verbal communication, the three officers also failed to appear for mediation and the scheduled investigation of the case.
Soll said the corporation was deemed to be in default.
Ebdane’s request for transfer relief was granted but he must register with the Division of Employment Services and Training within seven days upon receipt of the order.
Soll said that within 30 days of the date of service of the order Ebdane must also file an employer intent form and follow the procedures in submitting his transfer application.
