Sunday, April 28, 2019

The Employer Obligations For H2A Workers

By Gregory Walker


The agricultural sector has adopted improved mechanisms of operating. Nowadays, farmers are utilizing machines and automated equipment at work. However, there are still many sectors that are labor intensive and not many people are willing to work on such areas. With the prospect of crops rotting in the fields, producers have turned to the hiring of H2A workers to meet these labor needs. This kind of workers does their work on a seasonal basis. They may be migrants or non-immigrants whose aim is to perform the labor in agriculture for a specific period. The employer has the sole responsibility of his or her employees. They must protect the employees considering their vulnerability. Here are some of the requirements of the employers.

Disclosure is a mandatory aspect when working with these laborers. Hence, a proprietor should disclose information like the number of wages, the working hours and the conditions. All these details should be documented in a language understandable to the employee. The deductions and benefits should as well be included in the agreement.

Wages are essential elements of this program. An employer must ensure that they pay their employees the full amount as indicated in their contract. The payment should be made twice a month so that workers can support themselves. A statement of the earnings is also necessary since it will disclose any additional payment or deductions. In case they cannot pay the amount, a seventy-five percent payment is recommended.

It is mandatory for employers to provide decent housing to the workers. This is in a case that the employee does not return home after work. The house should be safe and enough to accommodate them. In the case where the laborer lives in the home of their employer, a three-time meal must be provided. Otherwise, there should be enough kitchen facilities for them to use.

An employer must take care of transportation costs that their worker incurs. This includes paying for their travel from their country or previous job site and back to their country. If the worker pays for transportation, they should have reimbursement once they complete fifty percent of their assignment.

The proprietors must protect their employees at all costs. Hence, if the owner lays off some workers for specific reasons, they must wait for up to sixty days to hire others. This is a strict requirement by the worker protection board. They must also employ any worker who applies for the job during the first half of the contract. The laborers should be paid at least the minimum wages indicated in the labor market.

Insurance is a paramount and compulsory element when it comes to hiring this kind of employees. Compensation insurance must be available and laborers ought to have all the necessary tools, protective equipment, and supplies without additional charges. Employers must not charge the laborers any application and recruitment fees.

Hiring employees for labor needs is essential. However, a person must make sure they have met all the legal demands to avoid litigation or liabilities. Hence, there is a need to know more about hiring these laborers to confirm that one is complying with the law.




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