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Saturday, April 27, 2019

The Employer Obligations For H2A Workers

By Gregory Walker


Although agriculture has steadily shifted to the use of mechanized and automated equipment, there are yet other sectors that require manual labor and many people are reluctant to work in these areas. Faced with the view of losing crops, farm owners have opted for H2A workers. These laborers work in the field for an agreed period. They can be citizens in the country or immigrants from other countries. Since they are vulnerable in different ways, employers have the entire responsibility to take care of them. Below are the obligations of employers towards the employees.

Disclosure is one of the most essential requirements. Before the work commences, the employer must give the worker a contract written down. The contract should include the hours of working, wages, and the conditions of working, as well as, the benefits. These elements should be written in a language that the employee will understand.

The employees have the right to receive their full wages during the agreed period. Thus, employers are supposed to pay their laborers two times every month. After the payment, they must produce a written statement indicating the earning and the benefits of deductions available. If an employer is not able to pay the agreed amount, they should at least make sure that they pay seventy-five percent of the work.

Housing is another condition that employers must comply with. An employee who does not go back to their home after the day must be provided with a safe and adequate place to stay. This is a requirement that a boss must meet. If they prefer staying in the house belonging to their boss, the employer is mandated to provide a meal three times a day or offer enough kitchen amenities.

Employers must cover the total transportation cost for their employees. If a worker bears their expenses from their country or job site, their employer should reimburse the charges after the laborer has completed fifty percent of the work assigned. Again, the boss will cover the cost of traveling back home or to another worksite.

It is the role of an employer to protect their working personnel all the time. This means that they must understand their vulnerability when working on their premise. To ensure employees are protected, the authority has made a rule that one cannot hire other employees before sixty days are complete after sacking their previous ones. They are also required to retain any qualified worker who applies for a position before fifty percent of the work is done.

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.

It becomes imperative to employ H2A laborers considering the need for manual labor in the agricultural sector. However, an individual must be able to meet all the legal condition put in place to govern the employment of these workers. As such, one must gather vast knowledge about the process to confirm that they comply with the regulations set by the governing body.




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