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Individual Work Agreement

INDIVIDUAL WORK AGREEMENT ENTERED INTO BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA ACTING BY AND THROUGH THE FARM SECURITY ADMINISTRATION OF THE DEPARTMENT OF AGRICULTURE, HEREINAFTER REFERRED TO AS THE "PATRON", AND ........................., A MEXICAN LABORER HEREINAFTER REFERRED TO AS THE "WORKER".

DECLARATIONS

    DECLARATIONS
  • 1. The Government of the United States and the Worker mutually desire that the Worker be beneficially employed in the United States of America with a view to alleviate the present shortage of agricultural workers in that country and to cooperate in the successful prosecution of the war.
  • 2. The Worker declares that he is a Mexican national by birth, domiciled at ........................., .... years of age, ......................... (married or single).
  • 3. The Farm Security Administration of the Department of Agriculture of the United States of America is represented in the execution of this contract, by Mr. ........................., who has established his authority to the satisfaction of the Mexican authorities.
  • 4. The Worker satisfies the physical requirements for fulfilling this agreement, as evidenced by the attached certificate issued by the duly authorized officers of the Department of Health of Mexico and the United States Public Health Service. The Patron admits that such requirements have been met to its satisfaction, in view of which he agrees that this agreement may not be terminated due to the physical condition of the Worker or to any change in such condition that may occur during the period of employment; but the Patron may terminate the agreement immediately upon finding that the Worker is suffering from a heart, mental or venereal disease or has a chronic condition not contracted during or as a result of his employment in the United States, or if he has a contagious disease discovered while traveling from the point of origin to his destination in the United States.
  • 5. The Patron agrees to enter into agreements with the proprietor or administrator (hereinafter referred to as the Employer) of the farm or farms in the United States of America, upon which the Worker will work, under terms guaranteeing him proper compliance with the terms of this agreement, it being understood that the Patron will be responsible to the Worker and to the Mexican Government for such compliance.

THIS WORK AGREEMENT IS SUBJECT
TO THE FOLLOWING PROVISIONS:

    THIS WORK AGREEMENT IS SUBJECT
    TO THE FOLLOWING PROVISIONS:
  • 1. The Worker will be employed exclusively in agricultural work.
  • 2. The Worker will receive the same wages as those paid to other workers in the area of employment for similar work. Said wages will in no event be less than $0.30 (American currency) per hour. The computation of wages, according to the custom in the United States, covers any payment which may be due for the seventh day, as required by the Federal Labor Law of Mexico. Rates for piece work will be so determined that a worker of average ability will earn the prevailing wage established in the area of employment.

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  • 3. The Patron agrees that its representatives or agents will inform the Worker at the beginning of his work and as frequently thereafter as may be necessary, using the Spanish language in an adequate manner, concerning the wage rates to which he is entitled, and the housing conditions, medical attention and other facilities to which he is entitled by virtue of the provisions of this agreement.
  • 4. No deductions will be made from the wages of the Worker for commissions, fees or any other purpose (except as required by law) which will have the effect of reducing his wages below that provided for by Paragraph 2.
  • 5. The Worker agrees that ten (10) % of his wages may be deducted and authorizes the Patron to receive such amount from the Employer and to place it on deposit, to be refunded to him on his return to his place of origin, or as soon as practicable, in the form of credits to his account in the Agricultural Credit Bank of Mexico.
  • 6. The Worker accepts transportation, food, lodging, subsistence and work under the terms of this agreement and will execute all documents, receipts or instruments which the Patron may require in connection with this agreement.
  • 7. The Patron will furnish to the worker and to the members of his family named on the reverse side of this agreement, sanitary facilities and medical care identical to those enjoyed by other agricultural workers in the same area of employment.
  • 8. The Patron, at its expense, will transport or arrange for the transportation of the Worker and the members of his family named on the reverse side of this agreement and not in excess of 35 kilos (77 pounds) of personal effects for each member of the family (which shall not include household goods) from ........................., Mexico, to the point or points of destination within the United States where the Patron has determined the work will be performed, and return to point of origin.
  • 9. The Patron will furnish to the Worker and to the members of his family accompanying him all necessary food, medical care and subsistence needs during periods of travel.
  • 10. The Patron will make all arrangements necessary under the laws for the entry and exit of the Worker and members of his family accompanying him, to and from the United States.
  • 11. The Worker shall work from the day following his arrival at the point of destination in the United States until .........................
  • 12. The Worker will perform all work required of him with proper application, care and diligence during the term of this agreement under the direction and supervision of the Employers but he will not be required to work on Sundays.
  • 13. This agreement may be renewed upon its termination upon the express consent of the Worker and with the knowledge of the Mexican Government.

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  • 14. In the event the Patron should desire to utilize the services of a member of the family of the Worker, he may do so only with the full consent of the Worker and of the person whose services are desired, by the execution of a similar agreement in the presence of the Regional Director of the Farm Security Administration or his representative and with the previous consent of the appropriate Mexican Consul.
  • 15. Any member of the family under 14 years of age shall have the right to the same schooling as that received by children of other agricultural laborers in the area of employment in which the Worker may be working at any given time.
  • 16. The Worker shall not be required to purchase articles or services for consumption or use by him or his family in any establishment not of his own choice.
  • 17. The Worker will not be subject to discrimination in employment because of race, creed, color or nationality, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941.
  • 18. Food, lodging, medical and sanitary services and other indispensable articles furnished to the Worker and to members of his family by the Patron or any Employer shall meet the reasonable minimum standards approved by the Patron.
  • 19. The Worker shall enjoy, as regards occupational diseases and accidents, the same guarantees enjoyed by other agricultural workers under the laws of the United States of America.
  • 20. The Worker designates the following persons as his economic dependents ......................... (names and addresses), whom he designates as the beneficiaries of the sums and indemnities to which he would be entitled under the law and this agreement.
  • 21. In the event the Worker should not be employed during the term of this agreement, as specified in Paragraph 11, such unemployment not being caused by his refusal to work or illness, 75% of the time for which he was contracted, the Patron will pay him $3.00 (American currency) per day for each day that he is not employed up to 75% of the work-days, which amount will be paid to him upon the termination of this agreement. If during his unemployment the Worker and members of his family are unable, upon the determination of the Patron, to supply their subsistence needs, he will receive necessary food, lodging, medical care and other subsistence needs. For the purpose of this paragraph, a day upon which the Worker works less than eight hours will not be considered a workday, and the hours worked on such days may be totalled, to determine the period of unemployment, in accordance with the procedure followed for other agricultural workers.
  • 22. In the event there should be an increase in the cost of living in the United States, the terms of the preceding paragraph will be subject to reconsideration, in accordance with the understanding between the Governments of Mexico and the United States.

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  • 23. The Worker shall have the right to join with other Mexican laborers admitted under the understanding between the Governments of Mexico and the United States in the election of representatives to negotiate with the Patron or Employers, such representatives to be members of the group electing them.
  • 24. All disputes between the Worker and his Employer or Employers shall be resolved through mediation, according to procedures established by the Government of the United States for agricultural workers.
  • 25. The Worker represents and warrants that he knows of no reason which would prevent him or his family from leaving or returning to Mexico, or entering or leaving the United States, as contemplated by this agreement. If the Worker or a member of his family shall not be permitted to leave Mexico or enter the United States, the Patron shall, at its expense, return the Worker and his family to their place of origin in Mexico. If after entrance into the United States the Worker or any member of his family becomes subject to deportation or removal therefrom under the Immigration or other laws of that country, or if the Farm Security Administration decides, after hearing the defense of the Worker, that the latter is unable or unwilling to work in accordance with the provisions of this agreement, or if the Worker or any member of his family violates any law of the United States, this agreement may forthwith and without notice be terminated by the Patron. Upon the termination of this agreement or upon the expiration of the period of employment provided for in paragraph 11, the Worker and his family shall immediately return to their place of origin in Mexico, at the expense of the Patron. If the Worker or any member of his family refuses so to return, the Patron may cause the Worker and his family to be removed to their place of origin.
  • 27. All rights, privileges and powers conferred by this agreement upon the Government of the United States shall be exercised by the Administrator of the Farm Security Administration of the Department of Agriculture of the United States or by its duly authorized representative.

Executed at Mexico, D. F., this _____ day of _________________________. 194_____


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Mexico, D. F. September 10, 1942.

MEXICAN COMMISSIONERS

    MEXICAN COMMISSIONERS
  • /s/
  • Lic. Luis Fernandez del Campo, Chief of the Office of Social Prevision, Department of Labor and Social Prevision.
  • Dr. Abraham J. Navas, Assistant Chief of the Office of Social Information, Department of Labor and Social Prevision.

AMERICAN COMMISSIONERS

    AMERICAN COMMISSIONERS
  • /s/
  • Laurence I. Hewes, Jr., Assistant to the Administrator, Farm Security Administration, United States Department of Agriculture.
  • Gilbert Sussman Regional Attorney, Office of the Solicitor, United States Department of Agriculture.