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. GUARANTEES to ALL Workers: 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. TRANSPORTATION COSTS/REIMBURSEMENT: 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 provides. Section 3: Records Required coming next. SHERI'S WEB INTERNATIONAL ** Email address: sheri@sherisweb.com Web Address: http://www.sherisweb.com