Employer intending to recruit overseas applicants must understand their obligations and duties while complying with laws during employing foreign workers. Read on…

• Under the Migration Act 1958, it is stated that knowingly or unknowingly hiring an illegal worker is a criminal offense. Hence, not only the illegal worker coming on fake basis in the country would be taken into the custody, employer recruiting him would also be charge of serious offence. Referring an illegal worker for employment with another venture related with the same offence.
• If proven, culprits might face serious fine of up to $13 200 and/or imprisonment which may last till 2 years. On the other hand, companies are liable to pay fines of up to $66 000 in accordance with each fake worker recruited.
• If slavery, forced labor or any kind of sexual assault is imposed, along with the facet of illegal recruitment, penalties would rise.

Definition – Illegal Workers

Non-Australian citizens gaining employment in Australia without a valid visa or the same is acquired illegally. Also, breaching the mentioned visa regulations applies to illegal immigration too.

People who are affected by the offence:

The offences apply to every recruiting path which hires illegal work force in some form or the other. For instance, cab owners who bail or lease their cabs to illegal drivers or to agents who further rent them to sex workers.

Take another instance. If the overseas illegal worker has been hired through a labor hire firm, the latter would automatically become the legal employer of the illegal employee. Hence, the business using its services as a worker won’t normally have the onus of getting into the offense.

Illegal immigration of any sort is an offence – be it from an employer’s side or an employee’s. Write your mail at ajay@abhinav.com for more info on immigration.