San Nicolas affirms disqualification of alien worker who paid $4K to get job

Local

Monday, February 18, 2008

By Ferdie de la Torre Reporter

Department of Labor Secretary Gil M. San Nicolas has upheld the Labor Administrative Hearing Office's decision that permanently barred an alien worker who paid $4,000 to an unlicensed recruiter in China to get a job in the CNMI and was found to have entered into the Commonwealth through a fraudulent scheme.

San Nicolas said Shunpeng Chen's contention on appeal that his recruiting agent is responsible for any wrongdoing “hardly deems plausible as he remained idle for over two years with no attempts to rectify the wrongdoing.”

“The fact that Mr. Chen was present in the Commonwealth for over two years prior to the labor hearing date proves that he is not needed for employment,” said the secretary in affirming the order issued by then administrative hearing officer and now Labor director Barry Hirshbein.

According to Labor records, Chen filed his Labor case in Nov. 2005. He arrived in the CNMI on June 25, 2005 and alleged he was unable to find his employer, CP Central Pacific Corp.

Chen testified that when he arrived in the CNMI he stayed with a friend. He asked his friend to help find his employer.

In August 2005, Chen came to Labor and met with Tony Yen who helped him secure his entry permit.

Chen did not ask Yen to help find Central Pacific Corp. In November 2005 complainant again asked Yen for help and this Labor case was followed.

Chen testified he paid about RMB 30,000 ($4,000) in China to secure employment in the CNMI. He did not use a licensed recruiter. The complainant did not make a copy of the documents that he signed. He testified that he worked as a technician in the Lin Xin Garment factory in China from 1998 to 2005. That was his only job.

Chen's nonresident worker affidavit, submitted in support of the employment application, states that he worked as a waiter from 2000 through 2004.

Complainant stated that the information is not true. He testified that he did not sign the affidavit. He also testified that the signature of the employment contract is not his.

In his order, Hirshbein revoked Chen's work/entry permit and ordered him to depart the CNMI within 15 days after a repatriation ticket is delivered to Labor.

Hirshbein permanently barred Chen from working in the CNMI as a nonresident worker.

The administrative hearing officer said Chen shall take nothing by his complaint against Central Pacific Corp.

Hirshbein, however, sanctioned Central Pacific Corp. to pay a $4,000 fine to the government and permanently barred the company from employing alien workers in the CNMI.

Chen appealed. He told San Nicolas that prior to his arrival in the CNMI, he was not aware or familiar with labor regulations and the processing procedure.

He claimed that all the documents for his employment application required Labor were asked by his recruiting agent.

Chen said the agent should be totally held responsible for any fraud document submitted to Labor.

In dismissing the appeal, San Nicolas said Chen's entry into the CNMI was clearly fraudulent.San Nicolas said the nonresident worker affidavit signed and submitted to Labor states that Chen worked as a waiter from 2000 to 2004.

San Nicolas said Chen testified that that information is not true and that he did not sign that affidavit.