Confirming that job applicants are eligible to work in your country should be one of your top priorities (if not the top priority) when seeking new employees for your business. Indeed, the law in most countries requires you to do so. And not only for full or part time workers; In Australia, for example, the obligation to check a candidate’s right to work also extends to contractors—and even unpaid work.
Consequences of non compliance
The Fair Work Commission is largely responsible for enforcing right to work policies implemented by the Australian government. Employers who violate the rules by hiring people without valid work visas can face stiff legal penalties under the Migration Act. This includes fines, the amount of which depends on how significant the violation is.
Fines are bad enough. Worse, though, is the damage to your business’ reputation. In our brave new silicon world, reputation is everything. It can take years to rebuild a business reputation once it takes the kind of hit that a right to work debacle can inflict.
Despite what many people—including some employers—believe, legal trouble awaits companies that deliberately hire illegal workers as well as companies that do so unintentionally. If you’re merely negligent while hiring (meaning you don’t do your due diligence in performing a right to work check and visa verification), you’re still liable to face fines.
To help prevent any issues, it’s good form to make it clear upfront (i.e. when you post a job opening) that you will be conducting thorough right to work checks on all new hires. That is usually enough to repel applicants without work visas.
Verifying visas
Using a pre-employment check that includes visa verification is perhaps the best way to protect yourself and your business from such consequences.
Keep in mind that not all work visas are the same; a variety are issued by the government and each has its own set of restrictions. Some, for instance, are only good for a particular season. Others are reserved for investors and business people. There is also a visa issued to young individuals who want to work in Australia while on holiday.
The fact that a foreign national is legally living or staying in Australia does not necessarily mean they have a right to work there. In many cases, a person’s visa only enables them to perform certain kinds of work. It’s important to understand the details of a candidate’s visa before you consider bringing them on board your staff.
This is crucial in the case of temporary work visas (e.g. holiday makers or seasonal workers). As an employer, it’s incumbent upon you to make sure your employees’ visas are up to date—not only at the time of hiring, but also throughout the duration of their contract.