A right to work check is an essential process for employers to guarantee that all of their staff are legally qualified to work in their country. It is the employer's responsibility to perform this control, and failure to do so can lead to serious consequences. Companies use right-to-work background checks to validate the legal status of potential employees, as well as to make sure they have no criminal record and are not prohibited from working in certain industries or roles. The primary goal of this control is to make sure that both the employer and the employee comply with the laws when hiring.
All employers in the UK are legally obligated to check their employees' right to work before hiring them. The Employer Check Service (ECS) is a free online service from the Ministry of the Interior that allows employers to fulfill their obligation to carry out checks on the right to work of employees in cases where the person cannot use the checks online or provide acceptable documentation for manual checks. The Human Resources department should also conduct regular timely checks on documents to ensure that the rules are being met and to identify any potential issues that need to be addressed. When performing a manual check, the Ministry of Internal Affairs establishes in two lists the documents that must be accepted from a person to prove their right to work: List A or List B.
Employers are required by law to carry out controls in accordance with the right to work in order to fulfill their duty and be able to invoke a legal excuse in case of alleged violations. Online checks can be done via video call and there is no need to view physical documents, as the information is accessed directly from the Ministry of the Interior. If current employees have limited leave to stay and work, employers must make sure that a follow-up check is scheduled and carried out before their current leave period expires. The duration of a right to work check may vary depending on the individual's specific circumstances and the method used for carrying out the control.
Conducting a right to work check is advantageous for both employers and employees alike. For employers, it ensures compliance with laws and regulations, as well as providing peace of mind that they are not hiring illegal aliens. For employees, it provides assurance that they are legally eligible for employment and will not face any legal repercussions for working without authorization. In conclusion, conducting a right to work check is an important step for employers when hiring new employees.
It ensures compliance with laws and regulations, provides peace of mind for employers, and provides assurance for employees that they are legally eligible for employment.