Labor Hearing Officer Jerry Cody, in his order on May 29, denied the request of Lu Zheng Qin for transfer. The worker was ordered to depart from the CNMI within 20 days from the issuance of the order.
Lu Zheng Qin’s employer, Rui Jin Trading Corp., was ordered to deliver a repatriation airline ticket for the worker to the administrative hearing officer within 15 days from the issuance of the order.
But Cody has affirmed the permit applications for two other Rui Jin workers, Jiang Qiying and Juan Zhao.
Labor also granted their transfer relief requests.
Cody ordered Jiang Qiying and Juan Zhao to register with the Division of Employment Service within seven days of the date of issuance of this order.
“Each appellant may seek new employment, provided that a transfer employer must be located and the name of the employer must be submitted to Employment Services within 30 days after the date of issuance of this order,” Cody said in his order.
If Jiang Qiying and Juan Zhao fail to file transfer applications, they will be required to depart from the CNMI at the expense of Rui Jin Trading Corp.
If they refuse to leave they will be subjected to deportation proceedings by the Office of the Attorney General, the order said.
Rui Jin Trading Corp. will pay $300 for failing to correct deficiencies and employing three workers for months without authorization.
The business establishment is also barred from hiring new foreign workers for two years from the issuance of the order.
Investigation shows that Rui Jin Trading Corp. operates a retail store and Internet service in Garapan.
On April 24, 2007, Rui Tong Chen, the employer, filed application to hire three more foreign workers for his business.
Lu Zheng Qin was hired as an accountant; Jiang Qiying as a commercial cleaner; and Juan Zhao as a merchandise displayer.
In July 2007, the Department of Labor approved conditional transfers for each worker.
In the same year, the Division of Labor issued deficiency notices, requesting the employer’s updated financial documentation and tax withholding documents for 2007, but the employer failed to present these documents.
According to the Labor order, the employer does not need the services of the workers.
Labor described as unjustifiable the employer’s claim that “this small retail store needed a full-time accountant, commercial cleaner and merchandise displayer, all working in a space the size of two large rooms.”
Testimony, the order added, established that Lu Zheng Qin had fabricated her work history as an accountant and was “not able to define even basic accounting principles such as liabilities or capital gains.”
