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Duties and rights enjoyed by seasonal farm workers

by | Oct 6, 2015 | The O1 Visa | 0 comments

Every year, thousands of immigrants get a temporary visa to work in the agricultural sector in the United States. And as all workers have rights and duties to perform, here we present some of these.

  1. Every worker has the right to have a written employment condition, even before they start at said job. This description must have details on important issues for the worker: benefits, salary, length of employment and housing.
  2. The worker must receive a minimum salary that is in line with the provisions of the government.
  3. In the event of an accident or illness, agricultural workers are entitled to compensation.
  4. Although many do not know it, the worker is entitled to return to their country of origin for any reason before his employment contract expires. With several conditions, but without losing the right to do so.
  5. Under no circumstances employers, recruiters, representatives, stewards, managers or team leaders can hold their workers’ passports.
  6. The worker is entitled to their employer to provide a clean and safe housing at no cost.
  7. The documents of workers are very important, the employer must provide a safe place to be stored.
  8. The worker has the right to temporarily travel to visit family and returned to the United States. All this as long as your visa is valid
  9. The farm worker has the right not to pay taxes for Social Security and Medicare in the United States.
  10. Your employer must reimburse transportation costs from your country to your place of employment when finished half of the contract period; and you must pay for return home at the end of his contract.
  11. If the worker become abused or labor exploitation, this can go and get help from the Department of Labor. Without fear or buts, it is a right.

And the field works with a temporary visa also have rights and duties to fulfill.

  1. The employee shall only provide services for the employer who hired him.
  2. Cannot wait ten days to leave the United States after their visa is expired.
  3. Once the visa expires, the worker cannot work anymore, even for those ten days that are granted.
  4. No matter where the worker is, it must always keep in your passport and have immediate access to it.
  5. The worker must have a copy of the information from your passport and visa and keep it in a safe place. This will help to have a replacement if the documents are lost or stolen.
  6. The farm worker must obtain a written copy of the employment contract in Spanish and English. This contract must be specified hourly wage, the employer’s name, place and type of work and the deductions to which the employee is responsible.
  7. You must report to the Labor Department and the US Consulate in the country of origin of immigrants if any violation of their rights as an agricultural worker occurs.