Member of Parliament George Pantophlet says that with much interest he took note of the announcement from the Ministries of Economic Affairs, Labor Social Affairs Health and Justice as it relates to undocumented persons. The announcement requires undocumented persons to submit an exemption letter. He feels that the onus should be on the Employer since they are responsible for requesting an employment permit for their workers in accordance with article 1.2 of the Law of the Employment of Foreign Labor. What I want to insert here also is Article 4 sub 1 of the national decree containing general enactments, that the Employer is responsible for paying the processing fee. Unfortunately, it is a known fact that there are employers who advance this fee and then deduct it from the salary of their employee. It means that the employee will end up paying the fees for an Employment permit and residence permit. The former is in contravention of the law. Keep in mind that the Employment permit belongs to the
Employer while the residence permit belongs to the worker. Another matter which is of much concern is that he is yet to hear of fines being issued to Employers who have undocumented workers in their employ for years and never requested an employment permit for them. He feels the Employers who are involved in this practice are being given a free past. This for him is part of the low hanging fruits. What is also not clear is whether these workers who are
employed for years are guaranteed that the employment permit will be granted. He also needs government to be clear that it only applies to persons 5 years and over. He has been receiving calls from persons who are only employed for 3 years or less. Getting back to the matter of the exemption letter, the employer is in a better position to request it because they are in possession of the required information such as name of the business etc. In closing something
that he hopes is taking place is that the labor laws are applied regardless to the status of the worker. Case and point; One should not be deported without collecting his/her salary, vacation pay including years of service. And the airline ticket should be paid for by the employer.
