Business Employment Law
There is no doubt that our need for more workers in the company is inevitable due to the increasing demand of production and expansion of our projects. The manpower that we have locally is not enough to reach the goals set for improvement in terms of profits and performance capabilities of the employees of the company. Hence, the Board of Directors is requesting this report that corresponds to the analysis of the legal compliance on recruitment of foreign policies.
For immediate understanding of the report, the same was written in response to a change in organisational strategy: the organisation has decided to adopt a policy of expanding the employment recruitment pool to include foreign workers from within the European Union and the wider international arena. The overall profile of the type of worker that the organisation requires is skilled and experienced engineers and scientists who are qualified to work in the sector. The newly proposed Tier 1 & Tier 2 categories will apply in this case.
This report explains and analyses the legal requirements to be considered and complied with in relation to the recruitment policy and the Immigration, Asylum and Nationality Act 2006. There is a need to focus in this area since legal compliance has been the thrust of the company through the years. Included in this report are other areas of law that might impact on recruiting foreign workers and covering the differences in employing permanent or temporary workers. As the organisation has a robust policy on discrimination that is objectively applied, this area of law is not included in this report.
Hence, it is understood that there will be no issues on discrimination as to the employment of foreign workers in the future. Should there be issues of the same would be considered moot and academic within the ambit of the company’s legal investigations. Under the new Immigration Law having provisions introduced in the year 2008 mentioned that all employers of foreign workers under certain categories of the United Kingdom’s Point Based System, however large or small the organisation is, must be licensed as ‘sponsors’.
The said requirement must be complied by the company at all cost in order to avoid the prying eyes of the law which intends to protect all workers including those that come from foreign lands. In connection with that, the point based system has been implemented by the government. Points Based System In March 2006 the Government announced its plans to adopt a new points-based system (PBS) for migration. The stated aims of this new system are:
* Better identification and attraction of migrants who have the most to contribute to the UK * A more efficient, transparent and objective application process and * improved compliance and reduced scope for abuse. The system will cover people from outside the EU who are seeking work or study in the UK. It will not cover short-term visitors, family reunification and UK ancestry routes. Underpinning the new PBS is a five tier framework. Expected implementation dates are given in brackets as follows:
Tier 1: Highly-skilled individuals and entrepreneurs (in phases from February 2008; full implementation may take several months or longer). Tier 2: Skilled workers with a job offer (from autumn 2008). Tier 3: Limited numbers of low skilled workers needed to fill temporary labour shortages (no date set – tier suspended). Tier 4: Students (Spring 2009). Tier 5: Youth mobility and temporary workers: people allowed to be working in the UK for a limited period of time to satisfy non-economic objectives, for example working holidaymakers (autumn 2008).
The new Points Based System will be implemented in phases; therefore overseas workers can continue to use the existing migration routes until each is superseded. These routes include work permits and the Highly Skilled Migrant Programme, which for most applications and nationalities remains in place. A full and comprehensive overview of the point based system is available from the Home Office Website www. homeoffice. gov. uk. The website is available to all organisations in order to ensure that they adhere to all the legal requirements of employing foreign workers.
The Law on Asylum The law of asylum is important to be studied by companies in order to facilitate cases like it when governing foreign workers. Basically, asylum is meant to protect or provide safety for those who are considered as refugees. In the workplace, it cannot be avoided that cases like asylum may be resorted to. Asylum is a protection given by a nation state to somebody who is fleeing persecution in their own country (Asylum, 2008, p. 1).
This law has been included in this report because there may be workers in this country that are applying for asylum. The company must be aware that for asylum to be granted, the applicant must prove that there is a well-founded fear that persecution would be done unto him in his home country. Aside from that, humanitarian reasons can also be used in order to be granted asylum. If a prospective employee is found to be facing an asylum application, there will be no problem as long as proper legal documents have been obtained by the company. Nationality Act of 2006
In connection with the laws being discussed earlier, a very important announcement must be studied by the company thru the office of the Human Resources and Development. As mentioned in the provisions of the laws including immigration, asylum, and Nationality Act of 2006, all employers are warned not to employ workers whose immigrant status prevents them from working in the country (Immigration, Asylum and Nationality Act of 2006, 2008, p. 1). If any employer will not take heed of this legal requirement, any offence regarding this matter will be considered criminal.
Compliance of this law means that the Imperial College London must ensure that all prospective employees who would like to work in the company on or subsequent to February 29, 2008 have the legal means to work in the United Kingdom before starting such employment as scheduled (Immigration, Asylum and Nationality Act of 2006, 2008, p. 1). It is the responsibility of the prospective employee to show a copy to the interview panel that he is allowed to work in the United Kingdom. The entitlement to work in the United Kingdom could be ongoing or restricted up to 12 months only.
Here is the list of documents that pertains to ongoing entitlement to work in the country: • passport confirming right to stay in the United Kingdom • passport indicating that the holder is a national of the European Economic Area or Switzerland • residence permit issued by the Home Office or the Border Immigration Agency • a permanent residence card • a biometric immigration document which indicates that the holder can stay indefinitely in the United Kingdom in accordance with laws
• passport or travel document which shows that the holder is exempt from control of the immigration • an immigration status document being produced in combination with an official document indicating indefinite stay in the country • full birth certificate being produced in combination with an official document indicating indefinite stay in the country issued by a legal institution • adoption certificate being produced in combination with an official document indicating indefinite stay in the country issued by a legal institution
• a certificate of registration or naturalization as a British citizen • and a letter issued by proper authorities being produced in combination with an official document indicating indefinite stay in the country With respect to the entitlement to work for only up to 12 months, here is the list of documents that should be submitted: • a passport or travel document showing allowance to work in the country provided there is no issue on work permit • a biometric immigration document showing that the worker is allowed to work up to 12 months
• work permit or other approval to take employment issued by the Home Office or Border and Immigration Agency • certificate of application to work for about 6 months • residence card • an application registration card with verification by the Border Immigration Agency Employer Checking Service • an immigration status document • a letter issued by proper authorities with a document giving permanent National Insurance Number It should be noted that all these papers as submitted by a prospective employee must be checked after 12 months.
The purpose of the law is to disallow undesirable aliens in the country and to make sure those prospective employees acquire the right to stay and work in the country. The prospective employee must present any document purporting such facts as aforementioned. Hence, the Human Resource and Development department of the company must check the said document of prospective employees. This would also mean that there are differences in the employment of permanent or temporary workers. There is also a new development in the United Kingdom in terms of employment system of which the company must be aware of.
There is an announcement that the number of employees that can work in the country was reduced to 800, 000 from one million in the recent years (Home Office, 2008). The said route as provided by the government is part of the novel Australian-style points based system which will be launched this coming November 27, 2008 (Home Office, 2008). In connection with the implementation of the tier 2 mentioned earlier, if the jobs in question is under the shortage list, there is no need to pass the test which states that the job must be filled in by a resident worker.
Other work policies also involve finger printing for anyone who travel to the United Kingdom with a visa as well as compulsory identification cards for foreign nationals. Aside from that, the Date Protection Act must also be studied by the company. All workers have several range of rights pertaining to the said law such as access to information, compensation and the prevention of processing (The Data Protection Act, 2008, p. ). The role of the company regarding the law is to ensure that it is complied with. There are matters that should be answered in order to comply with the statute and these are:
• necessity of the information of an individual • how the information will be used and what is its use • understanding on the use of the information • expectation on the transaction that a personal information needs to be passed upon to others • satisfaction that the personal information is being securely held • strictness to the access of any personal information • accuracy of personal information • delete or destroy personal information that is no longer necessary • training of office staff pertaining to compliance with the law
• necessity of notification to the Information Commissioner and being up to date in notifying All these matters must be complied with prior to obtaining personal information of prospective employees to avoid liabilities under the Data Protection Act. Conclusion Protecting the interests of the company can be done by following all the legal requirements in recruiting foreign workers. It must be noted that facing legal cases due to inability to comply of the said laws could affect the profitability and reputation of the company.
Hence, legal compliance of all laws that are related to recruitment of foreign workers must be a priority of the company. Otherwise, the company would be obliged to face liabilities that could have been avoided if proper study and compliance of the laws were done beforehand. As such, this report is submitted by the Human Resource and Development manager for the review of the Board of Directors of the company. Bibliography Home Office. (2008) Asylum [Internet] Home Office: UK Border Agency. Available from: < http://www. ind. homeoffice. gov. uk/asylum/ > [Accessed 14 November 2008].
Human Resources. (2008). Immigration, Asylum and Nationality Act OF 2006 [Internet] Imperial Website. Available from: < http://www3. imperial. ac. uk /hr/procedures/immigration/asylumactnotice > [Accessed 14 November 2008]. Recent Developments in Employment Law. (2008) Employment Laws [Internet] CIPD. Available from: < http://www. cipd. co. uk/EmploymentLaw/ RecentDevs > [Accessed 14 November 2008]. Home Office. (2008). Less Jobs for foreign workers under tough new system [Internet] Home Office Government Website. Available from: < http://www. homeoffice.
gov. uk. /about-us/news/less-jobs-for-foreign-workers> [Accessed 14 November 2008]. Information Commissioner’s Office. (2008) Your Legal Obligations [Internet] Information Commissioner’s Office. Available from: < http://www. ico. gov. uk/what_we_cover/data_protection/your_legal_ obligations. aspx > [Accessed 14 November 2008]. Information Commissioner’s Office. (2008) The Data Protection Act [Internet] Information Commissioner’s Office. Available from: < http://www .ico. gov. uk/what_we_cover/data_protection. aspx > [Accessed 14 November 2008].