Is your Business Work Rights Compliant? 7 Questions Senior Management Should Be Asking
Whilst it may not be front of mind for a lot of senior managers and board members, work rights compliance is a risk which needs to be addressed. Getting this wrong can cost the business:
- In terms of fines and other penalties
- Loss of access to business sponsorship visa options
- Business reputation
- Personal liability for company officers and directors if compliance processes are not in place
- How many temporary visa holders do we have on staff (not sponsored visas, all visas). Ask two different people who should know – if you get different answers, you know there’s an issue.
- Can you show me evidence of citizenship for our Australian staff? The business should be keeping copies of ID documents establishing citizenship status for all staff.
- Do we have passport details for all non-citizen staff? It’s surprising how many businesses do not have current passport details for non-citizen staff
- How do we know if a staff member changes visa status? If a staff member changes visa, this can impact on their ability to work lawfully in Australia.
- Which staff have visas expiring in the next 3 months? The business should be taking action to extend visas or replace staff who have visas expiring in the next 3 months
- Can you show me a list of all staff with work rights restrictions? Staff with restrictions may only be able to work for a limited amount of time for the business.
- Are our suppliers and contractors are work rights compliant? How do we know? Business can face penalties for any contractors or temps in breach of visa restrictions, even if they are not direct employees.