How to Check If Staff Are Legally Entitled to Work in Australia

It is a critical responsibility for employers to ensure that their employees are entitled to work in Australia. Moreover, if you hire an employee without the right documents and work rights, you can get serious legal and financial consequences.

This is why the Australian government offers guidelines to help employers effectively verify the work eligibility of their prospective employees. In this context, one great resource is the visa entitlement verification online (VEVO) system, which allows employers to check work rights and visa conditions.

Here, we will discuss the required steps for checking the work status of staff. Furthermore, this ensures compliance with Australia’s employment laws.

1. Use the VEVO System

The Department of Home Affairs offers a free service called VEVO that enables firms to verify the work rights and details of non-citizen employees’ visas. It offers up-to-current details about the employee’s visa type, expiration date, and any applicable work conditions.

This mechanism guarantees compliance with immigration regulations and is crucial for companies recruiting individuals with valid visas. Moreover, to use this, you need the person’s passport or visa details.

VEVO is a go-to tool for organizations. This is because it provides a fast, simple, and trustworthy means of determining whether employees are legally permitted to work in Australia.

2. Obtain Written Consent

It’s crucial to get the employee’s written consent before using the VEVO system or any other technique to verify their work rights. Ensuring the respect of privacy is mandated by law. The consent form should include an explanation of the purpose of the check and the intended use of the collected data.

Moreover, you must ensure you seek consent before moving forward with any verification processes, as failure to do so may result in legal issues. Remember, obtaining written consent from your staff shows them that you value their privacy and legal rights. This further fosters trust and ensures your employees meets the regulations.

3. Request Identification Documents

You must request your potential employee to present official identification, like a passport or letter of visa approval. Certain documents are required to confirm their identity and examine their job rights.

Moreover, a passport or birth certificate will do for citizens of Australia. Permanent residents can present proof of residency or the notice that their visa was granted.

Remember, it is imperative to confirm that the information supplied is correct and corresponds with the findings of the VEVO inspection. This process helps to prevent verification errors and guarantees that the employee’s identity is correctly verified before they start working.

4. Verify Citizenship or Permanent Residency

In the event that the employee is an Australian citizen, VEVO will not be required. Alternatively, you can check documents that attest to their citizenship, like a passport or birth certificate, to confirm their permission to work.

Residency documents attest to the unfettered labor privileges that permanent residents enjoy while not being citizens.

Furthermore, by taking this step, you can be confident that you won’t waste time on pointless checks for those who are already eligible to operate unrestrictedly in Australia. This is a simple and quick process for verifying a citizen’s or permanent resident’s lawful work privileges.

5. Understand Visa Conditions

Certain work visas impose limitations on the number of hours or types of jobs that can be performed. To find out if your prospective employee’s visa has any such requirements, it is imperative that you use VEVO.

For instance, working holiday visas may restrict the kinds of professions an individual can take, and student visas can only permit part-time employment during the school year.

Moreover, understanding these requirements helps you avoid unintentionally breaking immigration regulations. This is done by not letting an employee work longer than their visa permits. Additionally, by doing this, you can avoid possible penalties and legal issues.

6. Check Visa Expiry Dates

The expiration date of the visa is another crucial item to confirm. It is prohibited to hire someone whose visa has expired, even if they were previously permitted to work. The employee’s visa expiration date is provided by VEVO, allowing you to track their eligibility over time.

Moreover, as the date of the temporary visa expires, it is important for holders of temporary visas to establish reminders to review their work permissions. Remember, by keeping track of visa expiration dates, you can prevent inadvertent violations of immigration regulations.

You can do this by ensuring that your employees are legally permitted to work for the duration of their work visa.

7. Maintain Records of VEVO Checks

Maintaining documentation of every VEVO inspection you perform is crucial. This contains the employee’s work rights at the moment, the date of the check, and the specifics of the visa.

Moreover, you must maintain these documents to shield your company from audits and legal questions. Additionally, having written confirmation of VEVO inspections can give you the evidence required to demonstrate compliance.

This is especially important if immigration authorities enquire whether you have confirmed an employee’s work privileges. Hence, maintaining accurate records also guarantees that you are abiding by Australian employment rules and keeps you organized.

8. Be Aware of Penalties for Non-Compliance

Employers who neglect to monitor their workers’ rights in their place of employment risk harsh consequences, such as fines and legal action. It’s critical to realize that hiring someone who isn’t authorized to work in Australia can incur significant fines, harm to your company’s reputation, and perhaps legal repercussions.

Moreover, you can shield your company from these dangers by adhering to the proper protocols, which include performing VEVO inspections and keeping records. It should be your main priority to comply with work rights checks. This will prevent penalties that could negatively affect your business.

Wrapping Up

It is vital to verify if your employees are legally entitled to work in Australia. This is necessary for legal compliance and for the smooth operation of your business. Hence, you should use resources like the VEVO system to make the verification process reliable and straightforward.

Moreover, you must abide by the above steps, including obtaining consent, verifying documents, and being aware of visa expiry dates.

This will ensure that your staff are legally compliant. Furthermore, to avoid penalties and ensure your business complies with Australian laws, you must conduct regular checks.

Finally, you must take proactive measures to protect your business legally and have peace of mind.