Right to Work Checks Across the Employee Lifecycle: A Guide for Employers
In today’s globalised economy, bringing international talent onboard has become a standard practice for many companies. However, navigating the complexities of immigration law is crucial – not only during the hiring process, but across the employee lifecycle within an organisation.
In this article, we’ll dive into why right to work checks are vital, highlight critical points in the employee lifecycle for these checks, and share best practices to ensure compliance every step of the way.
Understanding Right to Work Checks
Right to work checks are procedures employers must follow to confirm that their employees have legal permission to work in a specific country.
All Australian employers have the legal obligation to collect a declaration of Citizenship, and then validate the rights of employees and contractors to work in Australia. Being unaware of your employees’ work status, or the applicable laws is not a plausible defence to avoid penalties, which can include hefty fines and damage to the organisation’s reputation.
To comply with these obligations, employers must obtain a declaration of Citizenship and then take the following measures:
When employing Australian citizens, employers must request evidence of Citizenship which can be demonstrated by providing an Australian Passport, or an Australian birth certificate and photo ID, or an Australian citizenship certificate and photo ID. Employers should sight and keep a record of having sighted and approved these documents. A copy of the document should not be retained for privacy reasons.
When employing foreign citizens, employers must request a copy of a foreign passport, travel document, or ImmiCard, collect and record consent for a workplace entitlement check, and then validate work rights via a VEVO check.
Checking right to work once during onboarding is a step in the right direction, but it does not satisfy the requirement for ensuring that the right to work is maintained. Additionally, waiting until after an employment contract is signed to run checks leaves organisations open to the risk that the person they’ve spent time hiring cannot legally work.
Key Stages in the Employee Lifecycle
Pre-Employment Screening
- Work Rights Verification: Before making a job offer, employers should verify that candidates have the legal right to work.
- Declaration of Citizenship: Employers should collect a declaration of citizenship for Australian and foreign citizens prior to hire.
- Document Authenticity: It’s essential to ensure that documents supplied are genuine and match the identity of the individual you are hiring.
- Foreign Citizens: Verify that the foreign citizen has a valid visa, and check any conditions attached to a visa, such as the type of work permitted or the duration of stay to ensure that they align with a job offer.
- Record Keeping: Employers must keep accurate records of checks conducted. This includes details of when a declaration of citizenship was collected, and of evidence sighted. Records should be collected, stored, and deleted within the parameters of data privacy legislation.
During Employment
- Ongoing Compliance: Visa holders need to be rechecked during their employment in case their visa status or conditions change. The frequency of VEVO checks required varies depending on what type of visa an employee holds, and the risk factors associated with that visa. In most cases, a check is required at a minimum of every three months.
- Renewals and Extensions: If an employee’s visa is nearing expiry, employers should assist in the renewal or extension process if appropriate, and or check in with the employee to ascertain their plans for the future.
Role Changes and Promotions
- Impact on Visa Status: Some visa holders are only able to work in nominated roles and for limited hours, so certain role changes or promotions might affect an employee’s visa status. Employers should assess whether a new visa application or notification to the Department of Home Affairs is needed when making any changes to role or position.
- Compliance with Visa Conditions: Ensure that any new roles or responsibilities remain within the conditions of the employee’s visa.
Termination of Employment
- Final Checks: Upon termination, employers should ensure that a record exists of your right to work checks that you completed on the employee are on record and properly retained or deleted in accordance with the Australian privacy principles.
Best Practices for Right to Work Processes
- Stay informed: Regularly update your knowledge and keep abreast of changes to ensure compliance. Subscribe to updates from Australian Department of Home Affairs, follow the CWR page, and or seek advice from experts able to provide advice on Migration Law.
- Implement easy to follow processes: Develop and iterate on a clear, consistent process for conducting right to work checks. Ensure relevant staff are trained on this process.
- Use technology: Leverage technology to automate and streamline right to work processes. Using CheckWorkRights to manage document verification, reminders for visa renewals, and record-keeping, eases manual workload and ensures you are operating within the parameters of Migration Law and data privacy legislation.
- Audit and review: Periodically audit your right to work check processes to identify and rectify any gaps. Regular reviews help ensure continuous compliance.
- Seek professional advice: When in doubt, seek advice from experts to navigate the intricacies of visa regulations. CheckWorkRights has a Registered Migration Agent on staff and we’re here to answer any questions you have about your visa holders or current processes.
Right to work visa checks are not a one-time task but an ongoing responsibility that spans the entire employee lifecycle. By implementing a thorough process, employers can protect their business from legal risks and reap benefits of a diverse and legally compliant workforce. Staying proactive and informed is key to navigating the complexities of immigration compliance successfully.
Not sure if your processes meet the legal requirements? CheckWorkRights offers compliance health checks for Australian organisations at no cost. If you need a solution to automate your compliance requirements, book a free demo today.
Book a demo with CheckWorkRights today.
