08/24/2007

News / 2 workers pay $14K to fake recruiters for jobs

Two Chinese workers who paid $10,000 and $4,000 each in recruiting fees in China to work as physical therapists on Saipan were found to be involved in a fraudulent scheme.

Labor administrative hearing officer Barry Hirshbein determined that Qing Zhang and Hang Wei were knowing participants in a fraudulent scheme.

In separate administrative orders issued yesterday, Hirshbein said it is clear that Zhang's and Wei's entry into the CNMI was not for the purpose of necessary employment.

He said the complainants shall take nothing in their complaints against Date Corp.

The hearing officer revoked the complainants' entry permits, denied them transfer relief, and barred them from working in the CNMI as nonresident workers.

Hirshbein sanctioned Date Corp. to pay a fine of $10,000 and permanently barred the company from hiring nonresident workers in the CNMI.

Labor records show that Zhang and Wei entered the CNMI on April 26 and May 15, 2005, respectively as employees of Date Corp. with the occupation of physical therapists.

Upon his arrival at the airport, Zhang was greeted by Mr. Li, the person to whom he had paid RMB 70,000 ($10,000) in recruiting fee in China.

Li took Zhang to a barracks and the worker never saw him again. Zhang never had any contact and never reported to work for Date Corp.

On Jan. 20, 2006, or nine months after his arrival, Zhang filed a Labor complaint against Date Corp.

While in China, Zhang was promised a job at a garment factory. He paid the recruiting fees to Li, an unlicensed recruiter.

Zhang believed that he was being hired as a sewer in Saipan at a salary of $1,250 per month.

Date Corp. requested and received a Governor's exemption for hiring of critical need workers, and in Zhang's case, a physical therapist.

Zhang testified he never worked as a physical therapist. He also stated that the Chinese notary's attestation to his employment history was false. He also admitted that the signature on the nonresident worker affidavit and employment contract were not his.

With respect to Wei, he never performed any work for Date Corp. On June 8, 2006, he filed a Labor case against the company, requesting his salary from May 10, 2005 through April 22, 2006.

Wei testified he never worked as a physical therapist. He also admitted that the Chinese notary's attestation to his employment history was false.

In fact, Wei was a student in high school just about to finish studies when his family arranged for him to come to the CNMI.

The family paid RMB 30,000 ($4,000) to secure his employment in the CNMI.

In his orders, Hirshbein said the complainants did not exercise reasonable diligence in their affairs related to their employment.

Hirshbein said Zhang cannot insulate himself form responsibility by saying that he did not sign the contract and affidavit.

He said Wei also admitted that he worked illegally after the complaint was filed.



By Ferdie de la Torre
Reporter
http://www.saipantribune.com/newsstory.aspx?cat=1&newsID=71684

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