Page:United States Statutes at Large Volume 62 Part 3.djvu/1269

 Physical examina- tions. Wages. Transfer to another locality. Wage deductions, limitation. Hygienic lodgings. Occupational dis- eases and accidents. Contact representa- tives. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. as well as food, lodging, and other expenses en route, including up to 35 kilograms of personal objects but not including furniture, shall be at the expense of the employer. "9. Mexican health authorities at the place of contracting will see that the worker meets the necessary physical conditions, and officials of the United States Public Health Service will cooperate in this examination and at the same time will make the examinations required as a condition of entrance into the United States, without waiving in the latter case the right to further examination at the border, in which case workers who fail to pass this second examination shall be given transportation back to the place of contract. "10. All transportation and living expenses from the place of con- tract to the place of employment and return, as well as any expenses incurred in the fulfillment of any requirements of a migratory nature, shall be met by the employer. "11. Wages to be paid the worker shall be the same as those paid for similar work to domestic agricultural workers under the same conditions within the same area, in the respective areas of employ- ment. Piece rates shall be so set as to enable the worker of average ability to earn the prevailing wage. In any case the worker shall not be paid less than he would earn at the hourly rate set forth in the Individual Work Agreement, which shall be fixed taking into con- sideration the cost of living in the United States at the time of con- tracting. Where higher wages are paid for specialized tasks such as the operation of vehicles or machinery, Mexican workers shall be entitled to such wages while assigned to such tasks. "12. The worker shall not be transferred from the place of employ- ment to another locality without the express approval of the worker and the Mexican Consul with jurisdiction in the place of employment from which transfer is under consideration. "13. No deductions of any kind shall be made from the wages of the workers except those specifically provided in the individual con- tract or required by law. "14. The Mexican workers will be furnished, without cost to them, with hygienic lodgings, adequate to the physical condition of the area and of a type used by the domestic agricultural workers of the area. "15. Workers admitted under this understanding shall enjoy as regards occupational diseases and accidents the same guarantees enjoyed by domestic agricultural workers under applicable state or federal legislation in the United States. The employer shall provide medicines and medical attention, in accordance with prevailing laws, customs or practices, or, in the absence of such, in accordance with equitable and just principles. When the employer provides medical attention to the worker because of acts of negligence of a third person, the employer shall be subrogated in the right of the worker to recover the cost of such medical care. "16. Groups of workers admitted under this agreement shall have the right to elect their own representatives, from among the members of the group, to maintain contact between the workers and the employers.

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