Contract for the employment in Canada of Commonwealth Caribbean seasonal agricultural workers – 2024

On this page

• 1. Scope and period of employment
• 2. Lodging, meals and rest periods
• 3. Payment of wages
• 4. Pay advances
• 5. Deductions from wages
• 6. Health and safety of workers
• 7. Maintenance of work records and statement of earnings
• 8. Travel and reception arrangements
• 9. Obligations of the employer
• 10. Obligations of the government agent
• 11. Obligations of the worker
• 12. Early cessation of employment
• 13. Financial undertakings
• 14. Governing laws
• 15. Transfer of workers
• 16. Miscellaneous

Alternate formats

This contract made on the [insert date] (yyyy-mm-dd)
between [insert employer's name] (called throughout "the employer")
and [insert worker's name] (called throughout "the worker")
and [insert government agent's name] (called throughout "the government agent")
having been duly authorized by the government of [insert government's name] (hereinafter referred to as "the government") to act on its behalf (called throughout "the government agent").

Whereas the employer, the government, the Government of Canada and the worker desire that the worker shall be beneficially employed in Canada in agricultural employment of a seasonal nature.

In accordance with the Immigration and Refugee Protection Regulations (IRPR), an Employment Agreement as prescribed by the Government of Canada, which is separate and in addition to the Contract, and includes information on occupation, wages, and working conditions; as those set out in the Labour Market Impact Assessment (LMIA) for which a positive decision was issued, must be signed by the worker and the employer, on or before the first day of work.

1. Scope and period of employment

The parties agree as follows:

1. the employer will employ the worker assigned to them by the government agent as approved by Employment and Social Development Canada (ESDC)/Service Canada clearance order and the worker will serve the employer at the place of employment subject to the terms and conditions herein mentioned provided, however, that such period of seasonal employment not be longer than 8 months nor less than 240 hours in a time of 6 weeks or less unless ESDC/Service Canada has agreed that an emergency situation exists, in which case the parties agree that the minimum period of employment shall be not less than a term of 160 hours. The employer shall respect the duration of the employment contract signed with the worker(s) and their return to the country of origin by no later than December 15 with the exception of extraordinary circumstances (for example, medical emergencies)
2. in the event of an employment transfer, the total term of employment must not exceed a cumulative term of 8 months and the worker must return to the country of origin no later than December 15 with the exception of extraordinary circumstances (for example, medical emergencies)
3. the employer agrees to employ the worker assigned to them from the date the worker arrives in Canada until [insert date] or until the completion of the work for which the worker is hired or assigned whichever comes sooner
4. for the purpose of all deductions except statutory deductions, a working day is defined as one where the worker completes a minimum of 4 hours of work in a given day. Said costs deduction withheld under this provision are to be made for the current pay period only
5. to accommodate the cyclical demands of the agricultural industry, the employer may request of the workers and the workers may agree to extend their hours when the situation requires it, and where the conditions of employment involve a unit of pay. Workers must not be required to work excessive hours that would be detrimental to their health or safety. Requests for additional hours of work shall be in accordance with the applicable provincial/territorial labour laws, customs of the district and the spirit of the program, giving the same rights to Caribbean workers as given to Canadian workers. All relevant documentation should be kept for a period of 6 years following the period of employment, reflecting the agreements made between the employer and the worker on this subject. A copy must be provided to the government agent upon request
6. the employer shall give the unnamed worker a trial period of 14 actual working days from the date of the worker's arrival at the place of employment. For transfer workers, the employer shall give a trial period of 7 actual working days from the date of arrival at the place of employment. Effective the eighth working day, such a worker shall be deemed to be a named worker. The employer shall not discharge the worker except for misconduct or refusal to work during that trial period
7. the employer shall provide the worker and the government agent, with a copy of rules and regulations of conduct, safety, discipline and care and maintenance of property as the worker may be required to observe. On arrival at the place of employment, the worker agrees to provide to the employer a copy of the contract for the employment in Canada of seasonal agricultural workers signed by the worker and the government agent. The employer agrees to sign the contract and return it to the worker. The worker further agrees that the employer may make and keep copies of the signed contract

2. Lodging, meals and rest periods

3. Payment of wages

The employer agrees:

1. to pay the worker at their place of employment weekly wages in lawful money of Canada at a rate at least equal to the following, whichever is greatest:
   1. the wage for agricultural workers provided by law in the province/territory in which the worker is employed. If the provincial minimum wage changes during the work period, the employer is required to immediately adjust the worker’s wage to reflect the new applicable provincial/territorial minimum wage rate, or
   2. the rate determined annually by ESDC to be the prevailing wage rate for the type of agricultural work being carried out by the worker in the province/territory in which the work will be done, or
   3. the rate being paid by the employer to the regular seasonal work force performing the same type of agricultural work
2. that the average minimum work week shall be 40 hours, and
   1. that, if circumstances prevent fulfilment of Section 3 clause 2, the average weekly income paid to the worker over the period of employment is to be not less than an amount equal to a 40-hour week at the hourly rate for agricultural workers provided by law in the province/territory, and
   2. that where, for any reason whatsoever, no actual work is possible, the worker shall receive a reasonable advance to cover their personal expenses
3. that when an employer asks a worker to drive, the worker will be paid for their time and when workers are required to relocate from 1 work site to another during the workday, travel time should be included as part of the working hours
4. that a recognition payment of $4.46 per week to a maximum of $142.55 will be paid to workers with 5 or more years of employment with the same employer; and remain irrevocable once the worker qualifies. This is payable at the completion of the contract
5. that vacation pay is to be paid according to provincial/territorial legislation
6. the government agent and both parties agree that in the event the employer is unable to locate the worker because of the absence or death of the worker, the employer shall pay any monies owing to the worker to the government agent. This money shall be held in trust by the government agent for the benefit of the worker. The government agent shall take any or all steps necessary to locate and pay the money to the worker or, in the case of death of the worker, the worker's lawful estate. The worker or worker's lawful estate shall have no further recourse against the employer for any such monies paid to the government agent
7. upon early cessation of employment, the worker shall be paid all wages and outstanding compensation prior to departing for country of origin
8. to allow ESDC/Service Canada or its designate access to all information and records necessary to ensure contract compliance

4. Pay advances

1. The employer may pay the worker in advance so the worker can purchase food and/or personal items. The employer and worker must agree to this pay advance in writing, by signing a contract, and the employer must make payroll deductions in accordance to federal/provincial legislation. The employer can recover the net pay advanced during the first 6 weeks of employment. In the event the worker leaves the place of employment prior to completing 6 weeks of work, the employer shall deduct the full remaining balance from the worker's final pay

5. Deductions from wages

Both parties agree that:

1. in the event that the employer purchases merchandise on behalf of the worker (for example, equipment) for the worker's personal use, the employer and worker may enter into an agreement to arrange for repayment by the worker, provided the following conditions are met:
   1. the worker and the employer agree that the amount for repayment must not include any interest
   2. both parties sign a document detailing the terms of the arrangement including reason for repayment, item(s) purchased if applicable, total amount of monies advanced by the employer, repayment amount, repayment terms, and repayment method
   3. the government agent, employer and worker are provided with a signed copy of the above agreement, and
   4. the employer files a copy of this agreement in the event of a compliance inspection

The worker agrees:

2. that the employer shall deduct a portion of the worker's wages and send this amount to the government agent for each payroll period at the time of delivering the pay sheets required by Section 7. These deductions are to cover costs associated with the physical and financial protection of the worker while in Canada and to ensure the worker's safe arrival to Canada from their country of origin. These costs include deductions related to:
   1. airfare between the worker's home country and Kingston, Jamaica
   2. contributions to the National Insurance Scheme, as required by legislation in each country
   3. supplementary medical coverage for any periods when the worker is not eligible for provincial or territorial medical insurance and for any coverage in addition to that provided by the province or territory (Section 6)
   4. reasonable fees for required medical exams
   5. government administrative fees for provision of services such as preparation of documents; ground transportation; lodging during transit to and from Canada; orientation sessions; legal assistance; examination of worker accommodations; and, required background, security and criminal record checks

Worker's consent: [insert worker's signature]

3. that deductions under Section 5, clause 2 can only be made with the consent of the worker, as indicated by initialing the space provided. If the worker does not consent to these deductions, the worker agrees to pay the cost of the specified goods and services directly
4. that the total amount deducted under Section 5, clause 2 shall not exceed $6.07 per working day

The government agent agrees:

5. that funds collected will only be used to recover payments made on behalf of the worker as identified in Section 5, clause 2
6. to provide the worker, in writing, with a full accounting of how the funds deducted under Section 5, clause 2 were used for each worker
7. that where the total amount deducted from the worker's wages exceeds the actual costs of the items identified in Section 5, clause 2, the excess will be promptly returned to the worker by the government agent

The worker agrees that the employer:

8. will make deductions from the wages payable to the worker only for the following:
   1. those employer deductions required to be made under law
   2. all other deductions as required pursuant to this contract

6. Health and safety of workers

The government agent and both parties agree that:

1. if the worker dies during the period of employment, the employer shall notify the government agent and upon receipt of instructions from the government agent either, provide standard burial or alternatively make a contribution towards the body's repatriation in the amount equal to what the burial cost would have been
2. the employer shall not require the worker to perform job duties for which they have not received complete and proper training, in accordance with provincial and territorial legislation, and the worker may decline to perform said duties, without penalty or consequence of any kind
3. if a worker receives disability compensation due to injury or death resulting in loss of employment, the employer will cease to recover standard contract deductions from the worker, with the exception of monies advanced to the worker

The employer agrees:

4. that according to the approved guidelines and regulations in the province/territory where the worker is employed the employer shall take the worker to obtain health coverage in a timely manner
5. to obtain insurance acceptable to the government agent to provide compensation to workers for personal injuries received or disease contracted as a result of the employment, that complies with all laws, regulations and by-laws respecting conditions set by competent authority and, in addition, in the absence of any laws providing for payment of such compensation to the worker
6. to report to the government agent within 24 hours, all injuries and illnesses sustained by the worker which require medical attention
7. to ensure that arrangements are made for injured and ill workers to receive medical attention in an expeditious manner

The worker agrees to:

8. report to the employer and the government agent, within 24 hours, all injuries sustained by the worker, which require medical attention

The government agent agrees:

9. that when provincial/territorial medical coverage is not immediately available, supplementary medical coverage will be arranged before the worker arrives in Canada

7. Maintenance of work records and statement of earnings

The worker agrees to:

1. designate the government agent with the responsibility for submitting and filing the tax return

The employer agrees to:

2. complete and deliver to the government agent within 7 days of the completion of each payroll period, daily deductions and copies of pay sheets indicating all the deductions in respect of the worker's wages
3. provide to the worker a clear statement of earnings and deductions with each pay
4. provide the government agent with a completed T4 slip and Relevé 1, for the Province of Quebec, on or before the applicable provincial/territorial issue date/deadline (February 28)

8. Travel and reception arrangements

The employer agrees to:

1. pay to the appointed travel agent the cost of 2-way air transportation of the worker, as between Kingston, Jamaica, and Canada by the most economical means as expressed in the Memorandum of Understanding
2. make arrangements to meet or have the worker's agent meet and transport the worker from their point of arrival in Canada to their place of employment and, upon termination of employment to transport the worker to the starting point of their air travel to depart from Canada, at no cost to the worker, and all such transportation will be with the prior knowledge and consent of the government agent

The parties agree:

3. that the worker will pay the cost of the work permit processing fee directly to Immigration, Refugees and Citizenship Canada

Worker's consent: [insert worker's signature]

4. in the event that at the time of flight departure a named worker is unavailable to travel, the employer agrees to accept a substitute worker and the supply country shall maintain an adequate supply pool of workers to assure that there shall be a worker on that departing flight

9. Obligations of the employer

The employer acknowledges and agrees:

1. that the worker shall not be moved to another area or place of employment or transferred or assigned to another employer without the consent of the worker and the prior approval in writing of ESDC/Service Canada and the government agent
2. that the workers approved under the Seasonal Agricultural Worker Program (SAWP) are authorized by their work permit only to perform agricultural labour for the employer to whom they are assigned
3. that any person who knowingly induces or aids a foreign worker, without the authorization of ESDC/Service Canada, to perform work for another person or to perform non-agricultural work outside the scope of the LMIA, is liable on conviction to a penalty up to $50,000 or 2 years imprisonment or both under the Immigration and Refugee Protection Act S. 124(1) and 125
4. that if it is determined by the government agent, after consultation with ESDC/Service Canada, that the employer has not satisfied their obligations under this contract, and where required by law, the contract will be rescinded by the government agent on behalf of the worker, and if alternative agricultural employment cannot be arranged through ESDC/Service Canada for the worker in that area of Canada, the employer shall be responsible for the full costs of the worker's return home as between Kingston, Jamaica and Canada; and if the term of employment as specified in Section 1, clause 1, is not completed and employment is terminated under Section 9, clause 4, the worker shall receive from the employer a payment to ensure that the total wages paid to the worker is not less than that which the worker would have received if the minimum period of employment had been completed
5. to provide:
   1. workers with safety training, including operating machinery/equipment and tools, at no cost to the worker to ensure that the worker can perform their duties safely
   2. workers handling chemicals, including pesticides and/or operating machinery/equipment and tools, with personal protective equipment in accordance with provincial/territorial legislation, at no cost to the worker. The employer will ensure re-entry intervals are followed by the worker, as prescribed by the label of the pesticide, and in accordance with provincial/territorial legislation and the Pest Control Products Act
6. to provide the worker with a uniform for work, when required by the employer, and, where permitted by provincial/territorial labour standards, at least 50% of the cost will be borne by the employer
7. to be responsible for transportation to and from shopping at a reasonable distance at no cost to the worker once per week
8. to be responsible for transportation to and from a hospital or clinic whenever the worker needs medical attention. The government agent will work in partnership with the employer to ensure proper medical attention is provided to the worker in a timely fashion
9. to be responsible for taking the worker(s) for social insurance number (SIN) registration whenever necessary as soon as possible after the worker's arrival
10. to provide a basic Internet service at the place of work and/or accommodation, when available
11. in the event that the receiving employer has any remaining approved and unfilled named worker positions available, the receiving employer or employer third party agrees to update the government agent with respect to these named worker positions and whether they will be fulfilled or should be withdrawn

10. Obligations of the government agent

The government agent acknowledges and agrees:

1. that where there is reason to suspect abuse or mistreatment in the workplace, the government agent will report any allegations to ESDC, including Service Canada, and will provide all information that may assist in an integrity inspection, should one be initiated
2. that if the worker must be removed from a situation of exploitation and/or abuse and a transfer to another employer is being arranged, the government agent will coordinate as appropriate to facilitate such a transfer
3. to ensure that the future SAWP participation of any worker who reports abuse or mistreatment in the workplace is not negatively affected as a result of those allegations, unless ESDC determines that the allegation was unfounded or misleading

11. Obligations of the worker

The worker agrees:

1. to proceed to the place of employment as aforesaid in Canada when and how the government agent shall approve
2. to work and reside at the place of employment or at such other place as the employer, with the approval of the government agent, may require
3. to work during the term of employment under the supervision and direction of the employer and to perform the duties of the job requested of them efficiently
4. to obey and comply with all rules set down by the employer and approved by the government agent relating to the safety, discipline, and the care and maintenance of property
5. that he shall not work for any other person without the approval of ESDC/Service Canada, the government agent and the employer
6. to return promptly to the place of recruitment upon completion of the authorized work period

12. Early cessation of employment

The parties agree:

1. that following completion of the trial period of employment by the worker, the employer, after consultation with the government agent, shall be entitled for non-compliance, refusal to work, or any other sufficient reason, to prematurely cease the worker's employment, and must notify the worker a minimum of 7 days prior to dismissal except when dismissal is for cause in accordance with the applicable provincial employment standards legislation requiring immediate removal and done in consultation with the government agent

13. Financial undertakings

The parties further agree:

1. that any bona fide debt to the employer voluntarily incurred by the worker in respect of any matter incidental or relating to the worker's employment hereunder shall be repaid by the worker to the employer
2. that any expenditure incurred by the government agent in repatriating the worker by reason of their employment being terminated under this contract shall be repaid by the worker to the government

14. Governing laws

1. All provisions of this contract affecting the obligations created:
   1. between the worker, the employer and ESDC/Service Canada or the government agent, the employer and ESDC/Service Canada shall be governed by the laws of Canada, and of the province/territory in which the worker is employed, and
   2. between the worker and the government, shall be governed by the laws of the sending country
2. The French and English versions of this contract have equal force

15. Transfer of workers

In the case of transferred workers, the transferring employer and the receiving employer agree that:

1. the term of employment shall consist of a cumulative term of not less than 240 hours
2. for a worker transfer to take place:
   1. the worker does not need to seek a new work permit, provided the worker has a valid work permit and has not completed 8 months of employment
   2. the receiving employer must be a SAWP employer with a positive LMIA received in writing from ESDC/Service Canada prior to the transfer of the worker
   3. all parties, including the worker, transferring employer, receiving employer and government agent in Canada must agree to the transfer, and must be documented and signed by all applicable parties
3. at the time of transfer, the transferring employer will provide the receiving employer with an accurate record of working hours accumulated to date, earnings and deductions up to the date of transfer, and clearly state which deductions, if any, may still be recovered from the worker. The receiving employer may continue to deduct expenses associated with the program, starting from the aggregate amount deducted by the first employer, without exceeding the amounts indicated in Section 8, clause 5
4. the receiving employer shall give the worker a trial period of 7 actual working days from the date of his arrival at the place of employment. Effective the eighth working day, such a worker shall be deemed to be a named worker. Further, following completion of the trial period, the receiving employer agrees to pay the travel agent in advance the cost of one-way air transportation of the worker's return trip as between Kingston, Jamaica and Canada
5. following completion of the trial period of employment by the worker, the employer, after consultation with the government agent, shall be entitled to prematurely cease the worker's employment for reasons of non-compliance, refusal to work, or any other sufficient reason. Failing any attempts to transfer the worker to an alternative employer and at the worker's request to return home, the cost of the worker's return trip between Kingston, Jamaica and Canada shall be paid by the receiving employer
6. in the case of a double transfer, the original employer will be responsible for paying the cost of the worker's return airfare from Canada to Kingston, Jamaica
7. if a transferred worker is not suitable to perform the duties assigned by the receiving employer within the 7-day trial period, the receiving employer shall return the worker to the transferring employer and the transferring employer will be responsible for the cost of the worker's return trip as between Kingston, Jamaica and Canada
8. following completion of the 7-day trial period and no later than 10 days of employment, the receiving employer will provide the government agent with written confirmation of the name(s), identity code(s), the actual date of transfer and anticipated end date of employment of all transferred workers. Employers in Ontario, Quebec and Atlantic Canada will provide this information to their designated third party
9. the government agent is responsible for notifying the supplementary medical insuring company of the worker's transfer

16. Miscellaneous

1. The worker and the employer agree that personal information may be released to the government agent, to the Foreign Agricultural Resource Management Service (FARMS), to the Fondation des entreprises en recrutement de main-d'oeuvre agricole étrangère (FERME), to the Western Agriculture Labour Initiative (WALI) and to the insurance company designated by the government agent to facilitate the operation of the SAWP
2. In the event of a fire, the employer, the government agent and the worker will bear the replacement cost of the worker's personal property up to a maximum of $650.00 each
3. This contract may be executed in any number of counterparts, in the language of the signatory's choice, with the same effect as if all parties signed the same document. All counterparts shall be construed together and shall constitute one and the same contract
4. The employer, the government agent, and the worker agree that in the event that this contract is frustrated in its entirety through no fault of any party (for example, due to an act of nature), any party may terminate this contract
5. The parties agree that no term or condition of this contract shall be superseded, suspended, modified or otherwise amended, in any way, without the express written permission of the Government of Canada, the government agent, the employer and the worker
6. The parties agree that this contract is complete and absolute and that any purported addendums to this contract that do not adhere to Section 16, clause 5, may result in being found non-compliant with the SAWP

In witness whereof the parties state they have either read or had explained to them and agreed with all the terms and conditions stipulated in the present contract.

Date: [insert date]

Name of employer: [insert employer's name]

Address: [insert address]

Corporate name: [insert corporate name]

Telephone: [insert telephone number]

Fax no: [insert fax number]

Place of employment of worker (if different from above): [insert place of employment of worker]

Employer's signature: [insert employee's signature]

Witness: [insert witness' name and signature]

Name of worker: [insert worker's name]

Worker's identity card number: [insert identity card number]

Worker's address in Canada: [insert worker's address in Canada]

Worker's signature: [insert worker's signature]

Witness: [insert witness' name and signature]

Government agent's signature: [insert government agent's signature]