DUE to an apparent lack of initiative to follow up on his own employment transfer documents, a foreign worker may be deported.
In an administrative order, issued on May 21, Hearing Officer Vicente C. Seman said that to avoid labor and immigration problems, a transferring employee needs to monitor closely the processing of his papers with his new employer.
“The transferring employee has the duty to timely secure a new employment before his transfer period expires by making diligent follow up with his or her prospective employer regarding the processing of all necessary papers, or by careful and diligent selection of prospective employer,” Seman said.
Seman made the comment in the case involving Mohammed Rokibul, who was recommended for deportation for failure to exit the CNMI within 45 days after completion of a contract.
Rokibul reportedly managed to seek a new employment but his new employer failed to submit on time the worker’s new alien permit application or employment contract to the Division of Labor.
Rokibul had to seek another employment after his original employer, PR Trading, closed business in March 2001 and left the commonwealth.
The worker was reportedly paid all his wages prior to the closure.
On March 20, 2001, Rokibul signed an employment contract with Philpan, but it was not submitted to DOLI within 45 days.
His contract with PR Trading expired on March 29. On May 15, or a day after the 45-day deadline, the employee, for the first time, contacted Philpan and inquired about his employment papers, Seman said.
The Hearing Office said it agrees with the Division of Labor and will dismiss the case for lack of jurisdiction over respondent Philpan since “there are no charges of any violation of the Non-Resident Workers’ Act” and other rules.
Seman said the worker is not eligible for a transfer relief because he was not abandoned by his former employer and he did not file any complaint against the former employer.
