Posted By: Sheri (New Board: ForeignJobs) on 'ForeignJobs'
Title:     Job Clearance Order/worker contracts:
Date:      Tue Sep  7 15:14:00 1999

Many of these rules are for temporary agricultural workers too.

Every worker must be provided a copy of the worker contract or, as a 
substitute for the worker contract, a copy of the job clearance order.  If 
worker contracts are provided they must specify at least those benefits 
required by the Order/Department of Labor Regulations.  The job clearance 
order/contracts must state:

*  The beginning and ending dates of the contract period.

*  Any and all significant conditions of employment, such as payment for 
   transportation expenses incurred, housing and meals, and specific days 
   workers are not required to work (i.e. Sabbath, Holidays, etc.).
*  The hours per day and the days per week each worker will be expected to 
   work during the contract period.

*  The crop(s) to be worked and rate(s) for each crop/job.

*  Any tools required and that the employer pays for these tools.

*  Assurances that Workers Compensation insurance will be provided per state 
   law of the state where work is performed. 


Employers certified for H-2A must agree to provide each worker employed an 
offer of at least 3/4th of the hours in the contract period, called the 
"three-fourths guarantee".  For example, if the contract is for a 10 week 
period, during which a normal work sheet is specified as 6 days a week, 8 
hours per day, the worker would be guaranteed employment for a tleast 360 
hours or 45 days (10 weeks X 48 hours per week = 480 hours X 75% = 360 hours 
/ 8 hours per day = 45 days).  The wages for the guaranteed 3/4th period 
would be calculated at not less than the AEWR for the state(s) in which he 
work was being done.


Every no-local worker employed on an H-2A contract is entitled to be paid for 
all transportation costs related to travel from the placewhere the worker was 
recruited to the site of the job, and then back to the worker's area of 
residence.  This transportation reimbursement requirement applies to both 
foreign and U.S. workers.  Workers  are "non-local", if they cannot reasonably 
return to their permanent residence every night.  Expenses must be reimbursed 
according to the following schedule:

*  For transportation to the place of employment the employer must repay the 
   worker when 50% of the contract period has been completed. 

*  For transportation "home" the employer must complete the agreed upon 
   contract period.  Otherwise, the employer has no obligation to pay return 
   expenses, unless some special provisions in the Worker's Contract so 

Section 3:  Records Required coming next.

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