Employment contract H-2A:
Form ETA 790 and Form 790A is an employment contract between the foreign workers hired and the employer. The workers as well as the employers must follow the terms and conditions as written in the Clearance Order(s) and certified by the Department of Labor. No changes can be made by the employer after the workers are hired and or during the contract period.
- Working hours and hourly pay including overtime must be noted on Form ETA-790 and Form 790A.
- The pay offered must be equal to or more than the Adverse Effect Wage Rate (AEWR) as approved by the Department of Labor. The workers must receive a copy of the Employment Contract upon arrival to the worksite.
Unemployment Insurance eligible:
H-2A workers are eligible to receive unemployment compensation. According to the Department of Labor, foreign workers employed under the H-2A program are covered by unemployment insurance. To be eligible for unemployment benefits in Massachusetts, workers must meet the following criteria:
- Earned at least $6,300 in the last four calendar quarters before the claim's effective date
- Earned 30 times the weekly benefit amount they would be eligible to receive
Right-to-Complaint System:
Formal complaints may be submitted in accordance with this policy by an individual or group of individuals, an employer or group of employers, a staff person or persons or an interested third-party, acting on behalf of an individual, group of individuals, an employer, or group of employers.
- Protecting a complainant’s confidentiality to the extent possible and, when consent has been provided for the release of the complainant’s identity, ensuring that such disclosure is made under conditions that will promote the continued receipt of confidential information.
- Advising complainants and respondents of their right to due process.