consulate general of mexico in vancouver guidelines for...

Consulate General of Mexico in Vancouver

Guidelines for the Seasonal Agricultural Workers

Program 2013

To be used only by SAWP recognized parties registered by the Consulate General of Mexico in Vancouver. Reproduction of these forms and documents is not allowed, unless written authorization is issued by the Consulate General of

Mexico in Vancouver.

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1. Planning and Following Up on Your Labour Needs

In the event that an employer and worker agree to work together in the following season, the

employer must ensure that he or she provides the worker with an estimated date to travel back to

Canada to work. Accordingly, the worker must also verify his or her final stated arrival date and

travelling date by calling (0)1-800-841-2020 (Mexican Ministry of Labour).

Upon their return home, SAWP workers must report to Mexico’s Ministry of Labour (STPS)

Employment Counsellor and provide the following information:

Income & expenses analysis.

Worker’s evaluation.

Employer’s Evaluation.

Employers have the option to fill out their evaluation online. Please note that this requires

internet explorer 6.0 or higher. To enquire for assistance regarding this matter, contact the

SAWP Office by e-mail at [email protected].

Interest to return to Canada to work at previous farm or with a different employer.

Employers should begin the process of planning their request through Service Canada as early as

possible, or at least three months in advance to their specified arrival date.

Please bear in mind that upon their arrival, Labour Market Opinion (LMO) applications may take a

minimum of 15 working days for Service Canada to comprehensively process them. Once they are

approved, Mexico’s Ministry of Labour requires at least 20 working days to support workers in

completing and/or classifying their documents.

To request for an earlier arrival (within the dates authorized by Service Canada), and cancel or

postpone an arrival, it is required at least the three-week period prior to the scheduled arrival date.

After that period it will not be possible to make any changes.

2. Named workers

To secure the return of named workers, employers must ensure that they include the following

information in their Service Canada application:

Mexico’s Ministry of Labour (STPS) code number (first letter of last name followed by 3 or 4

digits)

Full name of the workers as shown on their Mexican passports

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Mexico’s Ministry of Labour (STPS) is committed to send a full crew as per your request. However,

in the event that a named worker is not available to return, a substitute will be sent in his or her

replacement. When this occurs, you cannot refuse the workers at the Port of Entry or once the

workers have been scheduled to travel. The only way to prevent the replacement of named workers

is to specify your preferences under the special requests line in your LMO with Service Canada.

For instance you may specify:

“Please do not substitute my named worker.”

“I will wait for him or her until he or she is ready.”

“In the event that my first named workers ‘W’ and ‘X’ are not available I will provide ‘Y’ and

‘Z’ as my alternative replacements.”

A representative of the Consulate General of Mexico or Mi Tierra Holidays will follow up with this

information to organize your team and schedule their trip.

In the event that a named worker insists that the Ministry of Labour has not contacted him or her, it

may be due to the following reasons:

You provided Service Canada with a misspelled name.

The worker’s STPS code is missing or incorrect.

The worker did not complete his/hers administration process to continue in the Program for

the current year.

Please note that the Consulate General of Mexico does NOT have contact with the workers in

Mexico for recruitment purposes. It is the duty of the workers upon their return to Mexico to

follow up on the paperwork that will prepare them to travel back to Canada for the following

season.

Furthermore, please bear in mind that the workers make the ultimate decision in regard to their

choice of employer as well as the length of their stay prior to signing their contract before the

STPS (Mexican Ministry of Labour).

In this instance, the worker must contact Mexico’s Ministry of Labour from their home state for

instructions. They may do this by visiting Mexico’s Employment Centre and/or by phoning (0)1-800-

841-2020. By phoning this toll free number the worker will receive information about your LMO

application with Service Canada, his or her work permit authorization readiness and his or her flight

date.

In order to travel, a worker must:

Have a medical examination.

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Be a holder of a current Mexican passport, visa and valid work permit.

Processing your LMO

To keep your LMO within a normal processing time and to avoid unnecessary changes of schedules that

could affect the interest of the worker(s), please be advised that only two (2) changes will be allowed, in

particular for the arrival date of your worker(s).

Arrivals will be always starting from the date approved by Service Canada.

No changes will be made to your LMO within the three-week period prior to the scheduled arrival of your

worker(s).

For a LMO deemed urgent, be advised that a three-week period is the minimum time needed to process

it. This decision is intended to guarantee that all parties involved in processing traveling documents,

including Canadian immigration officials, will have in advance any information required to process the

arrival of your worker(s).

Travel Arrangements

From Mexico City to Vancouver

Considering most common airfares offered via the internet, newspaper promotions, etc., are not as

flexible as the ones negotiated for the Seasonal Agricultural Workers Program (SAWP); we strongly

discourage you from using internet options or other travel agencies with no experience with the

SAWP.

Booking internet reservations with incorrect names and/or under certain restrictions creates a

disruption to Mexico’s Liaison Office at Mexico’s International Airport. This creates further

disruptions in the coordination process within Mexico’s Ministry of Labour and causes aggravation

to the workers as well as additional expenses to you.

Negotiated airfare by Mi Tierra Holidays with Air Canada for the SAWP allows further flexibility in

terms of changes in reservations, travelling dates, refund credits for future bookings and additional

luggage allowance.

Remember that the three-week period is needed to postpone the arrival of your worker(s).

Postponing the arrival is considered a change in your LMO; cancelling arrival will not be

considered as a change, however, any cancelation must be made three weeks prior to the arrival

date.

We strongly advise that you take into consideration that your guest workers travel from their home

state to Mexico City. This portion of travel is at the worker’s expense and may involve as much as 24

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hours of ground transportation. Last minute cancellations or postponing arrivals when a worker is

already travelling from his or her hometown to Mexico City put additional and unnecessary

expenses on the worker.

From Vancouver to your Home City or Town

If you are booking a connecting flight for the worker to travel to Vancouver to your hometown/city,

you should consult connecting times with a representative of Mi Tierra Holidays. Please note that

this company provides additional support for ground transportation.

The worker did not travel on the scheduled date

Check with the Consulate General of Mexico’s representative at the airport to determine the

worker’s reason for missing the flight.

Follow up with the Consulate General of Mexico at (604) 682-7617 or by fax at (604) 684-

2485 to review the non-arrival’s case and determine how to proceed.

Once a decision has been made, consult with Mi Tierra Holidays regarding the ticket, to

handle any credits and other issues with the workers airfare.

3. Housing & Everyday Living

At workers arrival:

Please remember that SAWP employees are agricultural workers, not translators. If a worker speaks

English, it is an asset for his or her own use. However, this employee is not being hired for their

services as a translator.

The workers have had a long trip, many of which have been travelling for more than 24

hours. Please take them to have a meal.

We recommend using the first day for handling administrative issues, including opening a

bank account (preferably a savings account that does not incur maintenance fees and

supports cashing of payroll cheques). A translator to help run these errands is highly

recommended.

Please ensure workers avoid cashing pay cheques at companies or booths that take a large

percentage of their wages.

If possible advance money to the workers (at least $150.00) and take them to buy groceries

(please discount this money in three payments). The workers need to buy food for the next

two weeks. Please inform the workers when the next shopping day will be, so they can buy

an appropriate amount of food.

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Review everyday duties. We recommend having a printed version (Spanish and English) of

house rules and work standards. Again, a translator is highly recommended to avoid

misunderstandings.

Ensure that your foreman develops a relationship that includes equal and fair treatment

among all your workers. Ensure that your Mexican workers receive equal and fair treatment

when sharing duties with other workers and amongst each other.

Housing

Although your accommodations have been inspected and approved, bear in mind that your facilities

become a second home for the seasonal guest workers. Housing is a crucial aspect in the SAW Program.

As a good practice to retain your employees, the Consulate General of Mexico advises that employers

provide their workers with the following:

Individual beds, with clean mattresses, clean linens, and pillows.

Workers are not to sleep on the floor or on mattresses resting on the floor.

A shower and a bathroom for every 7 workers.

Enough space for workers to store personal belongings.

Washer and dryer, free of charge. The number of machines should be proportional to the

amount of workers.

Enough fridge storage space; since it is customary for workers participating in the Seasonal

Agricultural Worker Program do grocery shopping every once a week.

Enough large containers for recycling and garbage. Discard garbage frequently and inform

workers which day(s) of the week that trash will be picked up.

Each worker will be doing their own cooking separately. One burner per worker should be

available. Furthermore, please ensure there are enough pots and pans to cook, and that the

cups and dishes provided are in good condition.

Blenders are very common cooking utensils in Mexico and are used constantly in a variety of

different meals.

Since workers are away from their families, a TV and/or any other form of entertainment is

convenient for them to pass time after working hours.

Ensure that workers have the ability to buy toiletries, long distance calling cards, send money to

their family in Mexico, etc.

Provide the workers with proper housing conditions. Keeping garbage, old equipment and

discarded appliances is discouraged, as it attracts rodents and develops unhealthy

surroundings. It is the responsibility of both the farm and the workers to maintain a clean and

hygienic environment.

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Both the accommodations and utensils offered to the workers should be in good condition. Considering

normal wear and tear, workers should also be able to return the accommodations and utensils back to

you in good condition when they leave.

Remember that housing is a critical issue that may or may not generate an amicable place for the

workers to stay and fulfill their contract.

Please refer to Annex 1 - Housing Guidelines proposed by SAWP stakeholders (document pending

approval from Service Canada).

House Rules

It is mandatory to provide the workers with a Spanish version of the house rules regarding

cleanliness, safety, and discipline issues. The consequences of failing to comply with the house

rules should be clearly stated. Please send a copy of the house rules to the Mexican Consulate

so we can review them and offer suggestions.

Upon their arrival, please discuss how to follow the established rules with the workers. A

translator is highly recommended.

Rules should be posted on a visible space for the workers to read.

Access to a telephone

Workers are interested in keeping in contact with their families and loved ones. In order to do

so, they will be using pre-paid calling cards with services directed to Mexico or Latin-America.

The workers must have access to a local telephone service free of charge. They should be able to

phone you, your family and this Consulate.

Advise your telephone service provider to restrict service to local calls only.

4. Labour Relationship

If you are receiving a worker for the first time

Although your Mexican workers have been selected based upon their agricultural experience, we highly

recommend you provide the workers with two or three days of proper training.

Explain to the workers what they need to do, and ensure that they clearly understand the details of their

tasks. Hire a translator for a few days to effectively explain their duties.

Do not assume that the workers immediately understand the responsibilities you have given them.

When a misunderstanding arises, please call the Mexican Consulate to assist you with any clarifications.

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Safety at the worksite

Preventing work-related accidents or injuries may save you time and money, and improve your

relationship with your worker.

We advise that you contact WorkSafeBC in order to perform a preventative inspection, and to

receive further guidance and suggestions on how to keep your workers safe throughout the

season. Requests can be made at 1 (888) 621-7233.

Consular Visit

To strengthen communications amongst all parties involved, Consular Officers conduct regular visits to

farms. During such visits, Consular Officers will conduct interviews with workers to identify any possible

concerns. In a similar manner, Consular visits are viewed as an opportunity for employers to exchange

information and express any concerns. Take in mind that it is the right of the Consulate General of

Mexico in Vancouver to perform visits unannounced or within a short notice.

ID’s of Consular Officers will be always available upon request.

A report of each visit will be completed by the Consular Officer to convey their observations and

possible suggestions, and for the employer and workers to make comments.

Telephone interviews & mediation will be conducted as well. Compliance and respect is

considered an important component of the relationship between the employer and this

Mexican Consulate.

Double Arrival

A double arrival occurs when a worker leaves for Mexico in the middle of their contract to resolve

personal matters. Double arrivals are not regulated in the Employment Agreement; however, many

workers are willing to pay their airfare to and from Mexico in order to resolve their personal matters.

The Consulate General of Mexico does not guarantee the worker’s return to Canada, as it is a private

agreement between the farm and the employee.

To schedule a double arrival please take the following actions:

Inform the Consulate General of Mexico about the departure and tentative dates of travelling. A

Double Arrival Request form (annexed) must be filled out to formalize the double arrival.

The workers must report to Mexico’s Ministry of Labour to register on the arrival manifest and

arrange logistics to return to Canada. The Ministry of Labour will then include the worker’s

name in the next arrival manifest.

Please note that if a worker is injured and goes on a double arrival, the insurance will not cover

treatment costs.

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5. Social Insurance Number

Mexico’s Ministry of Labour fills out the application for the worker’s SIN; the workers sign it and deliver

it at the Port of Entry. Afterwards, the application is sent for processing and you should receive the

worker’s SIN card by mail.

In the event that you do not receive the worker’s SIN card and it is the worker’s first time working in

Canada, visit a Service Canada office with the worker. Be sure to bring your worker’s Passport and Work

Permit to apply for it. Service Canada will send the SIN card by mail to your address.

If the workers have worked in Canada previously, their SIN will remain the same. In order to credit

mandatory deductions and to promptly respond to Canada Revenue Agency enquiries, employers must

keep a copy of the worker’s Work Permit and SIN.

Any lost or stolen SIN cards or passports need to be reported to the police immediately.

6. Wages

Be aware that the workers are to be paid a guaranteed minimum SAWP wage per hour. Even if

worker agrees to be paid by piece work, the wage must be equal or greater than the amount

paid hourly.

Add 4% Vacation Pay. This percentage may vary over time. Please refer to the Employment

Standards Branch.

Please inform workers in advance which day is going to be pay day. According to BC Labour

Standards, the workers are to be paid only weekly or twice per month.

Avoid advances as replacements for pay.

Any transportation time between fields is at the employer’s expense. Refer to the Employment

Standards Branch factsheet “Travel Time”.

Direct Deposit

We advise opening an account for each worker and depositing the wages directly to their bank

accounts. In this regard, we highly recommend workers either obtain a savings account that

does not incur fees or close their account upon their return Mexico to avoid costly and

unnecessary service charges.

Encourage workers to use their ATM cards

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We recommend avoiding credit union accounts, as their limited connectivity with International

banking systems makes it difficult to withdraw funds in Mexico.

Payroll

The Consulate General of Mexico in Vancouver requests a hard or electronic copy of the payroll to be

sent by the employer each month.

Payroll stubs need to be clear and state the following information:

Wage per hour, number of hours worked, gross and net earnings.

Deductions must be clearly stated, with year-to-date and total figures

In the case of a transfer, deductions for accommodations and visas must not be deducted

twice. Please state in every paystub the total deductions for accommodations and visas.

Deductions

Income Tax

All workers come to Canada with their TD1’s (Federal and provincial) fully authorized, and stamped by

the Ministry of Labour. Please ask the workers for their brown/yellow envelope and keep a copy of their

TD1’s in your records. If you notice a stamp missing from Mexico’s Ministry of Labour, send these forms

to this Consulate to have them validated. Family members eligible to be claimed in their TD1’s are the

worker’s spouse and children under the age of 18.

For Income Tax Returns, we suggest using E. Babkirk Tax Preparation, an agency with many years of

experience working with the Seasonal Agricultural Workers Program. However, workers can choose an

individual or organization of their preference to file a return.

E. Babkirk Tax Preparation: Spanish speaking personnel are available on Tuesdays, Thursdays and Fridays

from 1:00 PM – 5:00 PM (Martes, Jueves y Viernes de 1 a 5 de la tarde) and Sundays from 10:00 AM –

2:00 PM (Domingos de 10 de la mañana a 2 de la tarde). There is a toll free number for workers: 1 (866)

622-4588 and fax: (519) 322-4939.

Canada Pension Plan & Employment Insurance

CPP and EI are the same for Mexican agricultural workers as for Canadian workers. Consult Revenue

Canada at 1 (800) 959-2221 or visit their website at http://www.cra-arc.gc.ca/E/pub/tg/t4032bc/t4032-

bc-09b.pdf.

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Private medical insurance

You may deduct the premium of your workers at a daily rate, which is set every new season.

Other deductions associated with the operation of the Program:

Work permit (150.00 CAD)

Housing deductions must not exceed 589.00 CAD. Deduct a maximum of 10% of gross wages

until the maximum amount- according to the length of the workers stay- is reached. This amount

is equivalent to transportation costs in other provinces’ contracts.

7. Medical Coverage

Great West Life Insurance Company

Accidents/Medical Assistance – Non-work related

The Consulate General of Mexico in Vancouver will send an arrival manifest to Great West Life (GWL)

insurance, which in turn will send you an invoice for the length of stay of your workers and request full

payment. The workers will then reimburse you via payroll deductions.

Please make sure that workers receive immediate medical assistance when necessary. Notify this

Mexican Consulate of any health related incidents no later than 48 hours after they take place, and

provide a claim number.

Workers with health concerns or issues must not be returned to Mexico without reporting the case to the

Mexican Consulate, obtaining approval from a medical professional and establishing a settlement with

the insurance company.

Workers are entitled to wage benefits from GWL for a period up to 8 weeks. When absence from work is

more than 72 hours the employer must report the incident and the earnings amount to both the

Consulate General of Mexico and the insurance company.

To avoid unpaid bills in the Health System, it is important to follow up on the paper work, and inform

both the Consulate General of Mexico and GWL insurance of any action that has been taken.

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Great West Life Insurance

Administrative Contact

Carolyn Young-Pettipas Cowan Insurance Group Telephone: Agent 700-1420 Blair Place 1 (855) 896-0808 Group Benefits Ottawa, Ontario Ext. 373 Administration Canada E-mail: K1J 9L8 [email protected] Seasonal Agricultural Worker Contact Telephone: 1 (855) 896-0808 E-mail: [email protected]

Please note that work-related injuries must not be reported to Great West Life. These claims should be

directed to WorkSafeBC.

Keep in mind that workers driving a car in BC are liable to accidents and, like any other driver, must

therefore receive proper coverage. The worker should also be aware that insurance coverage ceases

when there is evidence of having suffered an accident while under the influence of intoxicating or illegal

substances.

WorkSafeBC

Accidents/Medical Assistance - Work Related

Remember that under Provincial Legislation, a worker may refuse any activities that may pose a threat

to his or her physical integrity.

In the event of a work related injury or occupational disease, WorkSafeBC must be promptly notified via

Teleclaim through which the worker can obtain a claim number. To support a fast transaction of such

claims, ensure that the worker has made a Teleclaim and that the WorkSafeBC Form is appropriately

completed.

Mailing Address Fax Call Centre Website

Work Safe BC 604-233-9777 604-231-8888 www.worksafebc.com

PO Box 4700 Terminal Street 1 (888) 922-8807 1 (888) 967-5377

Vancouver, BC, V6B 1J1

If you are a TELUS Mobility, Rogers or Bell Mobility customer, dial #5377 on your phone.

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Keep in mind that it is your responsibility as the employer to ensure that the workers receive immediate

medical assistance when it is necessary. Furthermore, you are also bound to notifying the Consulate

within a maximum of 48 hours from the time that the injury or accident took place.

Please note that in the event that a worker shows up to work under the influence of any intoxicating

substance, please inform the Consulate General of Mexico to prevent him or her from performing any

work that may risk his or her health and safety.

8. Continuing Working in Canada

Contract Extension

When work at a particular company needs to extend beyond the original date stated in the LMO,

workers may be requested to prolong their stay in Canada. In the event that a worker agrees to extend

his or her work contract, a Contract Extension Form (annexed) must be completed. Both the worker and

employer must complete and sign the corresponding form and fax it to the Consulate.

A worker is only eligible to extend his or her contract if he or she has not exceeded the 8-month period

established in the SAWP Employment Agreement. Exceeding this time period is a considered a violation

of the temporary work permit and would be subject to fines.

Transfers

“Lending” workers is a violation of the Immigration Act and is strictly prohibited in the Seasonal

Agricultural Workers Program.

The transfer of workers under SAWP is only permitted when:

Both the sending and receiving employers belong to the Program.

The receiving employer has not exceeded the number of workers approved by Service Canada.

The proposed transfer worker has agreed to it.

A Worker Transfer Acceptance Form (annexed) is filled out by the employers and the worker.

Please note that if an additional worker is required as a transfer, after the number of workers authorized

in your LMO, this transfer should been approved by Service Canada. In this case, the receiving employer

must apply for a Labour Market Opinion Transfer Authorization through Service Canada.

Once a transfer has been executed, there is a trial of 7 days during which both the worker and receiving

employer get acquainted to one another. After the 8th day, the worker will be deemed as a named

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worker of the receiving employer, who in turn will be responsible for funding the worker’s return airfare

to Mexico.

Receiving Employer

Upon the arrival of the worker, the receiving employer must:

Acknowledge the arrival of the worker by completing the Worker Transfer Acceptance Form

(annexed) and sending it to the Mexican Consulate.

Please note that the transfer will only be considered effective when the Consulate has received

this document.

Notify Great West Life (1 (866) 530-6030) as well as WorkSafeBC (1 (888) 967-5377) of the

worker’s arrival date and expected departure date.

Please note that workers are not to pay accommodation and visa fees twice. Only one discount may be

shared by both employers as pertained in the Working Agreement.

Sending Employer

Once the sending employer has received the Worker Transfer Acceptance Form he or she must:

Obtain the worker’s signature on the Worker Transfer Acceptance Form.

If the worker requires more clarification on the details of this form, please have him or her

contact the Consulate at (604) 682-7617.

Sign the Worker Transfer Acceptance form him or herself.

Send the Worker Transfer Acceptance Form with both signatures to the receiving employer.

Send a copy of all earnings and deductions made to the transferred worker to the receiving

employer.

Canada Pension Plan Benefits

Realizing that most workers who participate in this program return to Canada every year, many of them

contribute enough to CPP to receive benefits- which may include: retirement pensions, disability

benefits and survivor benefits.

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9. End of Employment Agreement & Workers Return to Mexico

In order to ensure that your employees can effectively plan grocery shopping for their remaining time in

Canada, we strongly recommend that you advise your workers well in advance of the date that they will

return to Mexico.

Early Return to Mexico

In the event that a worker or an employer make the decision to prematurely terminate their working

relationship, reasons and/or justifications for this conclusion must be brought to the Consulate’s

attention. The SAWP personnel at the Mexican Consulate are readily prepared to mediate and resolve

whatever issues or misunderstandings that may have brought either party to this decision. If no

resolution can be made and the early termination of the contract ensues, an Early Repatriation Request

(annexed) must be completed and signed by the worker and employer.

Medical and/or Personal Reasons

When an early return takes place due to medical reasons it is important to attach a physician’s opinion

to ensure that the worker is medically fit to travel. Based on the conclusions made by the medical

professional that in turn must be discussed with a Consular Representative workers may or may not be

eligible to return to Mexico. Workers are not encouraged to return to Mexico when a treatment has

been scheduled either by WorkSafeBC or Great West Life; unless the Consulate General of Mexico and

the worker have agreed on the terms, and the worker has signed the Cierre de Gestión form (annexed).

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Travel Arrangements from Vancouver back to Mexico

Some workers are interested in travelling directly to their home towns or cities nearby. In these cases it

is advisable to bring these preferences to the attention of Mi Tierra Holidays to ensure that the travel

agency is able to find a viable option for your worker(s).

Please note that travel arrangements can only be made during the weekends in cases of emergency.

Mi Tierra Holidays Office: (604) 689-5571 / Mobile for emergencies only (604) 837-8410

When using this number, be sure to leave a message as the personnel periodically check their

company’s voicemail during the weekends.

Please note that employers must not fly workers via USA, even if the airline or travel agent ensures

that there is no problem. Workers are not allowed to enter the USA without a visa. If the worker is

rejected by the airline, the farm that he or she is assigned to will be responsible for arranging the flights

and bearing the expenses.

Remember that the Consulate General of Mexico in Vancouver must be informed of any workers

returning to Mexico. Any unsolved or outstanding issues will ultimately prevent the workers´ timely

departure.

Travelling from your farm to the airport

Ensure that workers are at the airport 3 hours prior to the airplane departure time.

Provide the workers with a written note in English about their flight information.

Provide cash for a taxi to the airport when arriving to Vancouver from the bus depot.

When planning this trip, take in mind that Mi Tierra offers ground transportation as well.

Programa de Trabajadores Agrícolas Temporales Seasonal Agricultural Workers Program

411 – 1177 West Hastings Street, Vancouver, BC, Canada V6E 2K3 Tel.: (604) 682-7617 / Fax: (604) 684-2485

[email protected]

ACEPTACIÓN DE EXTENSIÓN DE CONTRATO CONTRACT EXTENSION ACCEPTANCE

Trabajador / Worker Si usted no está de acuerdo en la extensión de su contrato, NO firme este documento y comuníquese al Consulado: (604) 682-7616. / If you do not want to extend your work contract do not sign this document and call the Consulate at (604) 682-

7616.

Si usted está interesado en extender su compromiso de trabajo complete este formato con ayuda de su empleador. / If

you are interested in extending your commitment with your employer; fill this form out with his/her support. Nombre / Name: __________________________________________________________________________________

Expediente STPS / STPS Code: ________________

Actividad / Activity:

Invernadero / Greenhouse _______ Vivero / Nursery _______ Hortalizas / Orchards _______

Viñedo / Vineyard _______ Moras / Berries _______ Árboles frutales / Fruit Trees _______

Fecha de inicio de contrato original / Original contract starting date: ___________________________________________

Extensión del / Contract extension from: ___________________________ Al / Until: ______________________________

Fecha en que se realizó esta forma/ Date of completion of this form: ______________________________________________

Use of this form is restricted only to SAWP recognized parties.

Firma del trabajador / Worker’s signature

______________________________________________

Firma del empleador / Employer’s signature Granja / Farm:

_____________________________________________

Dirección / Address:

______________________________________________

______________________________________________

Teléfono / Phone:_______________________________

Firma / Signature:

______________________________________________



[email protected]

ACEPTACIÓN DE TRANSFERENCIA POR EL TRABAJADOR WORKER TRANSFER ACCEPTANCE

Temporada 2013 / Season 2013 Si usted NO está de acuerdo con transferirse, NO firme este documento y comuníquese al Consulado: 604 682 7617 / If you disagree

with the transfer do not sign this document and get assistance from the Consulate by calling 604 682 7617.

Si usted está interesado en adquirir un nuevo compromiso de trabajo complete este formato con ayuda de su empleador antes de trasladarse a su nuevo empleo. / If you are interested in obtaining a new work commitment with another employer, fill out this form with your employer’s support prior to your departure.

Revise sus talones de pago para asegurarse que el total de las deducciones por vivienda no rebase la cantidad de $589.00 dólares entre todos los empleadores. Las deducciones de permiso de trabajo ($150.00) solo deberán ser pagadas a su primer empleador /

Look over your payroll slips to ensure deductions for housing made by all employers do not exceed $589.00 CAD. Visa deduction will be paid only to the first employer.

Lleve consigo la tarjeta de cobertura médica expedida por la aseguradora y copia de las TD1. / Take with you the private insurance card and a copy of your TD1.

Sending employer: Please inform the private insurance provider, Great West Life, of the transfer at 1(855) 896 0808.

Nombre/ Name: ________ Expediente STPS Clave / STPS Code: _______

Firma del trabajador/Worker’s Name:

_________________________________

Fecha/Date:

_________________________________

¿Tiene salarios pendientes? / Does the

employer owe you any wages? ________

¿Cuánto? / How much? $____________

La cantidad de renta no debe exceder

$589 CAD entre todos los empleadores

/ Housing deductions made by all the

employers must not exceed $589 CAD

$__________________________________

SENDING EMPLOYER / EMPLEADOR ACTUAL

Nombre de la compañía / Company name:

___________________________________________________

Dirección / Address: _________________________________

___________________________________________________

Fecha de partida del trabajador / Worker’s departure date: ___________________________________________________

Descuentos de vivienda / Housing deductions made: $

___________________________________________

¿Se informó a la compañía aseguradora sobre esta transferencia? / Was the private insurance company informed

of the transfer? _______________________________________

Nombre de contacto / Contact name:

___________________________________________________

Firma / Signature: ___________________________________

RECEIVING EMPLOYER / NUEVO EMPLEADOR

Nombre de la compañía / Company name:

_____________________________________________________

Dirección / Address: __________________________________

_____________________________________________________

Fecha terminación / Expiration date of new contract with receiving employer:____________________________________

Nombre de contacto / Contact name:

_____________________________________________________

Firma / Signature: _____________________________________

Use of this form is restricted only to SAWP recognized parties.



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SOLICITUD DE DOBLE ARRIBO/ DOUBLE ARRIVAL REQUEST

Apellido Paterno/ Last name Apellido Materno Nombre(s)/ Names

No. Expediente / STPS Number Granja en la que trabaja / Farm

Fecha de llegada a Canadá/ Arrival date to Canada

Fecha de partida a México/ Date of departure to Mexico

Fecha de regreso a Canadá Date of return to Canada

Estimado trabajador/Dear Employee: Por favor exponga con detalle la razón por la que desea regresar a México:

Firma del trabajador/ Worker’s signature

Dear Employer: Please provide a comment of consent about the worker’s request.

Employer’s signature/ Firma del empleador

Use is restricted only to SAWP recognized parties.



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SOLICITUD DE REPATRIACION ANTICIPADA

EARLY REPATRIATION REQUEST

Apellido Paterno / Last name Apellido Materno Nombre(s)/ First Name(s)

No. Expediente / STPS Number Granja en la que trabaja / Farm

Fecha de llegada / Arrival date

Fecha de regreso en contrato / Return

date (as stated in contract) Fecha Regreso Anticipado/ Early repatriation date

Estimado trabajador / Dear worker,

En el espacio que se ofrece a continuación, por favor exponga con detalle la o las razones por las que desea regresar antes de cumplir con su contrato. Favor de incluir cualquier documento que sustente su petición / Please provide a detailed explanation of the reasons why you wish to return before the end of your contract. Please

include any document(s) available to support your request.


___________________________________ Firma del trabajador / Worker’s signature



[email protected]

Cierre de Gestión / Seguimiento caso salud

Fecha / Date: ______________________________

El que suscribe / The undersigning of _____________________________________________________ con número de expediente / with the file number ____________ manifiesto mi deseo de regresar a México / I

express my desire to return to Mexico. He recibido atención y consulta médica en Canadá, (sí) (no) me encuentro en la etapa de recuperación y es mi deseo iniciar ( ) y/o continuar ( ) el tratamiento en México. Entiendo los términos de cobertura que ha proporcionado la compañía aseguradora GWL _______ / WorkSafeBC_________. I have received medical treatment in Canada. I’m recovering and it is my wish to begin ( ) and/or continue ( ) my treatment in Mexico. I understand the insurance coverage terms and conditions by GWL ______ / WorkSafeBC _____.

Los reembolsos, compensación salarial o cobertura pendiente, de acuerdo con el párrafo anterior, solicito / Pending reimbursement(s), wage compensation or coverage according to the preceding paragraph I request the

following: o Se depositen en mi cuenta No. / To be deposited to my account No:_____________________________

de la siguiente institución / of the following institution_________________________________________

o El cheque se me entregará contra recibo a través de la Secretaría de Relaciones Exteriores en la Delegación / The cheque to be delivered to me through the Ministry of Foreign Affairs in: ________________________________________________________________________________

También entiendo que debo enviar los documentos requeridos para cerrar o continuar el trámite de mi caso a través del Consulado General de México en Vancouver / I also understand that I must submit the necessary

documents in order to close or continue processing my claim through the Consulate General of Mexico in Vancouver.

_________________________________________ Firma de conocimiento del Interesado /

____________________________________________ Funcionario Consular que apoyó el trámite /

Worker’s signature Consular Officer Signature


Forma para uso exclusivo de los trabajadores y el gobierno de México. Se prohíbe su reproducción.



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Advertencia Disciplinaria Disciplinary warning

Entiendo que no cumplir con los reglamentos de la compañía provocará una medida disciplinaria / I understand that failure to comply with the company rules will provoke a disciplinary warning.

Iniciales de trabajador / Worker’s initials: _____

Entiendo que la compañía tomará como verdadera mi palabra, llevará a cabo una indagación y de acuerdo con el resultado de la misma se aclarará la situación. A partir de ello, una medida disciplinaria podrá tener o no efecto / I understand that the company will take for granted my word and will conduct an investigation and in accordance to their findings, the issue will be resolved and disciplinary action will or will not occur.

Iniciales de trabajador / Worker’s initials: _____

Tipo de advertencia disciplinaria / Type of warning

[ ] Verbal / Verbal

[ ] Primera advertencia escrita / First Written Warning

[ ] Segunda advertencia escrita / Second Written Warning

[ ] Advertencia Final / Final Written Warning

Motivo de advertencia disciplinaria / Reason for a warning

Relacionada con el reglamento / Rule-related:

[ ] Violación de las reglas de trabajo / Violation of

work rules

[ ] Violación de las reglas de seguridad / Violation of

safety rules

[ ] Violación de las reglas de la vivienda / Violation

of house rules

[ ] Otro / Other_________________________________

Relacionado con el Horario de Trabajo / Work Schedule related:

[ ] Constantes ausencias / Excessive absence

[ ] Incumplimiento del horario trabajo / Non-

compliance with work schedule

[ ] Otro /

Other:______________________________________

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Nombre del trabajador / Worker’s name: _______________________________________________

No. Expediente / STPS Number: _______________________________________________

Fecha incidente / Date of incident:________________

Fecha advertencia / Warning Date: ____________________________________________

Fecha advertencia previa / Previous warning date: ____________________________________________

Comentarios del supervisor / Supervisor's Comments

Esta advertencia disciplinaria está basada en referencia al Inciso VIII numeral 3 del contrato de trabajo para Trabajadores Agrícolas Temporales Mexicanos en Columbia Británica 2013, y de los Lineamientos de la Secretaría del Trabajo y Previsión Social numeral III en el marco normativo del PTAT. / This warning

is based on disciplinary reference to paragraph 3 of Clause VII of the 2012 employment contract for Mexican Seasonal Agricultural Workers in British Columbia, and the Guidelines of the Ministry of Labor and Social numeral III in the regulatory framework of SAWP.

Continue on page 3




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Comentarios del trabajador / Worker’s comments

Firmas / Signatures

Trabajador / Worker:

Fecha / Date:

Supervisor / Supervisor:

Fecha / Date:

Gerente y/o Recursos Humanos / Manager and/or Human Resources:

Fecha / Date:


Housing Guidelines proposed by SAWP stakeholders

(pending approval from Service Canada)

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BC Inspection Form and Report of Agricultural Housing for Temporary Foreign Workers

EMPLOYER INFORMATION Legal name: _________________________________________________________________ Common name: ______________________________________________________________ Address (Number / Street / PO Box #): ____________________________________________ ____________________________________________________________________________ Mailing address if different: _____________________________________________________ City/Town/County/Municipality: __________________________________________________ Province/Territory: ____________________________________________________________ Postal Code: ___________________________________ Name of Company Owner(s): ____________________________________________________ Email Address of Company Owner: _______________________________________________ Company Owner’s Telephone Number: ____________________________________________ Representative Name: _________________________________________________________ Representative Job Title: _______________________________________________________ Representative Telephone Number: ______________________________________________ Email Address of Representative: _________________________________________________

A. BUILDING GENERAL / EXTERIOR / PROPERTY {Bldg # ___ of ___ }

1. Nature of accommodation: Single Family Dwelling Apartment Dormitory/Bunkhouse Converted Storage Area Mobile Home Other: 2. Are the accommodations located on well-drained ground at least 30 meters (OR separated from a foundation wall) from any building to be used or intended to be used for sheltering animals or for poultry husbandry likely to cause offensive environmental conditions or other environmental conditions that may be hazardous to health? Yes No (automatic fail grade) 3. Are the following exterior components of the accommodations in good condition and weatherproof? Roof: Yes No Windows: Yes No Doors: Yes No Wall surfaces: Yes No Gutters: Yes No Not applicable Downspouts: Yes No Not applicable



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4. Are the accommodations detached from any building or surroundings where highly inflammable materials are used or stored, and free of safety hazards and/or chemical substances which may become hazardous to the occupants? Yes No (automatic fail grade) 5. Are the accommodations used solely for worker housing i.e. not to be used as a work or storage place? If accommodation is part of a multi-unit facility all units must be inspected and approved or sealed off from use. Yes No 6. Have sufficient garbage containers with lids been placed around the exterior of the accommodations to ensure all garbage accumulated between collections can be stored? Yes No 7. Location of rodent-proof garbage containers: Kitchen (mandatory) Living Room Dining Room Bedroom Other: 8. If it is a mobile home, has skirting been installed around the bottom perimeter to protect the crawl space from debris and animals? Yes No Not applicable Additional Comments: ________________________________________________________

B. BUILDING INTERIOR General 9. Are the following interior components of the accommodations in good condition and appropriately sealed? Ceilings: Yes No Windows: Yes No Doors: Yes No Walls: Yes No Floors: Yes No 10. Are the ceilings in the accommodations’ living spaces at least seven feet high?



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Yes No 11. Can a temperature ranging between 18 degrees Celsius minimum and 25.5 degrees Celsius maximum be maintained in the accommodations at all times either by heating or cooling as necessary? Yes No 12. Is there adequate lighting by either natural or artificial means? Yes No 13. Is there adequate ventilation by either natural or artificial means? Yes No 14. Do all the windows and doors in the accommodation have screens covering all openings to the outside? Yes No 15. Do the accommodations have basic furnishings in good repair (tables, chairs, couches, shelves, etc.) that are compatible with the number of TFW’s requested by the employer? Yes No Sleeping Quarters / Facilities 16. Are the sleeping quarters and facilities partitioned from other living areas (excludes hotel style accommodations designed for maximum one or two person occupancy)? Yes No 17. Are all the beds/bunks equipped with mattresses, pillows and linens that are clean, sanitary and non-ripped condition? Yes No 18. Are beds/bunks at least 20 cms (8 inches) off the floor? Yes No 19. Is there a minimum distance of 75 cms (30 inches) between all beds/bunks?



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Yes No 20. Has an adequate amount of enclosed storage space/compartment been provided i.e. two dresser drawers, hanging closet space, excess luggage storage, etc. per worker? Yes No Personal Washing Facilities 21. Are the personal washing facilities partitioned from other living areas and for the sole use of the resident TFW’s? Yes No 22. Are toilets and showers guarded with privacy barriers and for the sole use of the resident TFW’s? Yes No 23. Are all toilets operational, sanitary and in good repair and for the sole use of the resident TFW’s? Yes No 24. Have hand washing provisions been installed near toilets and for the sole use of the resident TFW’s? Yes No 25. Are the floors and walls of the washroom and/or shower facilities made of or covered by a suitable material that can be cleaned and sanitized? Yes No 26. Are adequate laundry facilities (e.g. washer) provided on site or has the employer agreed to provide weekly access to a local laundromat? On site Weekly access No facilities / no access (automatic fail grade) 27. Are laundry facilities separate from machines designated for personal protective equipment cleaning? Yes No 28. Is there an adequate supply of hot water to accommodate the number of TFW’s? Yes No



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Kitchen 29. Are all of the following appliances clean, and in working condition? Refrigerators: Yes No Stoves: Yes No Fans (over stove) Yes No Ovens: Yes No NA Hot Plates: Yes No NA Microwaves: Yes No NA 30. Are the floors and walls of the kitchen facilities made of or covered by suitable material that can be cleaned and sanitized? Yes No 31. Kitchen counter tops that are not supported by attached enclosed cabinetry may not be longer than 3 feet in length. Are there counter tops longer than 3” which are not supported by enclosed cabinetry? Yes No 32. Has an adequate amount of protective food storage and enclosed cupboard space been provided? Yes No 33. Has an adequate amount of the following kitchen items been provided (minimum one set per TFW)? Plates: Yes No Bowls: Yes No Cups and Drinking Glasses Yes No Pots and Pans: Yes No Utensils: Yes No Tables and Chairs: Yes No C. WATER SAFETY 34. Water Source for the Accommodations: Public Water System Private Water Supply (e.g. Well) 35. If you have a private water supply, have you included your annual water quality test results showing that a sample is safe for occupants to drink?



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Yes No D. FIRE SAFETY (This section does not supersede any requirements by the Fire

Department of the District in which the accommodation is located.) 36. Number of fire extinguishers: 37. Location of fire extinguishers: Kitchen near exit (mandatory) Living Room near exit Dining Room near exit Bedroom near exit Other: 38. Are all the fire extinguishers easily seen, accessible at all times and located away from potential heat sources? Yes No 39. Do all fire extinguishers have, at minimum, an ABC rating? Yes No 40. Number of smoke detectors: 41. Location of smoke detectors: Kitchen Living Room Dining Room Outside each Bedroom/Sleeping Area (mandatory) Other: 42. Have all smoke detectors been securely mounted and tested to ensure they are operational? Yes No E. OCCUPANCY CALCULATION

Total living space (square feet): ______ /80 square feet per person = ______ (a) Number of showers: ______ x 7 (1 per 10 workers) = ______ (b) Number of toilets: ______ x 7 (1 per 10 workers) = ______ (c) Number of sinks in washroom: ______ x 7 (1 per 7 workers) = ______ (d) Number of ovens or stoves: ______ x 6 (1 per 6 workers) = ______ (e)



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Number of fridges: ______ x 6 (1 per 6 workers) = ______ (f) What is the lowest value in boxes (a) through (f) directly above: ______ * * Figures indicates the maximum number of workers permitted in accommodation



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INSPECTION RESULT Inspection Result: Pass Pass with follow-up actions Fail If “pass” or “pass with follow-up actions”, the accommodation is suitable for a maximum of ______ workers. List of follow-up actions required by business to meet inspection standards: 1. __________________________________________________________________________ 2.___________________________________________________________________________ 3.___________________________________________________________________________ 4.___________________________________________________________________________ 5.___________________________________________________________________________ 6.___________________________________________________________________________ 7.___________________________________________________________________________ 8.___________________________________________________________________________ 9.___________________________________________________________________________ 10.__________________________________________________________________________ ----- More than 10 follow-up actions is a failing grade ----- 11.__________________________________________________________________________ 12.__________________________________________________________________________ 13.__________________________________________________________________________ 14.__________________________________________________________________________ 15.__________________________________________________________________________ Date all follow-up actions are to be completed: yy/mm/dd ______ / ______ / ______ General Comments: ___________________________________________________________



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Inspector Name: Inspector Organization: Inspector telephone number: Inspector Signature: ___________________________________________________________ Date: yy/mm/dd ______ / ______ /______ Expiry Date: yy/mm/dd ______ / ______ / ______ Were photographs taken during inspection? Yes No EMPLOYER DECLARATION: I understand that copies of this inspection report will be shared with Human Resources and Skills Development Canada (HRSDC)/Service Canada (SC) for the administration of the Seasonal Agricultural Worker Program (SAWP), with the appropriate Consulate and the SAWP Enhancement Committee. HRSDC/SC requires this information in order to make a Labour Market Opinion decision. Should I not consent to disclosing this information to HRSDC/Service Canada, I will not be considered for the SAWP. I have read and understand the inspection checklist and agree to be re-inspected to confirm any follow up actions are completed or to confirm that the housing site is maintained at the level of first inspection: Yes No (automatic fail grade) Please print employer contact name: ______________________________________________ Employer contact name signature: ________________________________________________ Date: yy/mm/dd ______ / ______ / ______

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