By Kan-Tor & Acco, Labour Law and Private Clientele Department Team |
Right to work checks are measures taken by governments and employers to ensure that individuals are legally allowed to work in a particular country. These checks vary from country to country and are usually required to prevent illegal employment.
As an employer in Israel, it is essential to understand and adhere to the concept of Right to Work (RTW) checks, prior to the start date of employment, to ensure that your employees are legally eligible to work in the country.
In this blog, we will delve into what RTW checks entail, explore the global standards, and highlight the importance of verifying the work eligibility of foreign nationals, particularly asylum seekers and protection seekers. Additionally, we will touch upon the specific regulations in Israel, highlighting the critical need for employers to comply with the law to avoid severe consequences.
What are Right to Work Checks?
Right to Work checks are a standard practice employed by employers to verify that their employees have the legal right to work in a specific country. In the case of Israel, every foreign national, excluding Israeli citizens, must possess a valid work visa to work legally. Normally, the work visa is tailored to the specific employer, indicated by the B-1 visa. However, some visas may be general, necessitating a thorough examination to ensure that they permit work at the designated employer site. Among them:
- Work Visa for Foreign Spouses of Israeli Citizens: Foreign spouses of Israeli citizens are eligible to apply for a work visa once they are in Israel. This visa allows them to work legally in the country. The application process involves submitting relevant documents and fulfilling specific requirements set by the Israeli authorities.
- B-1 Jewish Work Visa: The B-1 Jewish work visa is designed for individuals of Jewish descent who wish to work in Israel. It is typically granted to Jewish people intending to explore their Jewish heritage and connections in the country. Holders of this visa are permitted to work during their stay in Israel.
- Humanitarian Visa Holders: Individuals holding humanitarian visas are usually allowed to stay in Israel for specific humanitarian reasons. In certain cases, they might be granted work authorization to support themselves during their stay.
- Temporary Residents: Temporary residents in Israel (A-1 and A-5 visa holders), which may include individuals on short-term residency visa that allows work..
- Asylum and Protection Seekers: Israeli regulations and government policies establish distinctions among various groups, such as Ukrainian nationals who arrived before the conflict with Russia, those who arrived after the onset of the war, as well as Sudanese and Eritreans who entered Israel through illegal means, among others. These groups are subject to different employment restrictions, with some being entirely prohibited from working, others facing geographical constraints, and certain groups facing employment bans, albeit no enforcement imposed on their employers.
Global Standards for Right to Work Checks
Right to Work regulations vary from country to country, but the core principles remain consistent. Governments worldwide aim to protect their domestic labor markets, prevent illegal immigration, and ensure that foreign workers are treated fairly and lawfully. These principles serve as a foundation for global standards, promoting responsible and ethical employment practices. The following is are three non-conclusive examples of right to work checks in different countries:
- United Kingdom: In the United Kingdom, employers are required to conduct right to work checks on all prospective employees before hiring them. The process typically involves verifying the candidate’s identity and immigration status to ensure they have the right to work in the UK. This may include examining documents such as passports, residence permits, or biometric residence cards. The checks are done in accordance with the Immigration, Asylum, and Nationality Act 2006.
- United States: In the United States, the Form I-9 (Employment Eligibility Verification) is used to verify the identity and employment authorization of individuals hired for employment in the country. Employers are required to complete and maintain this form for all employees, including U.S. citizens and non-citizens, to establish their eligibility to work in the United States. The verification process is overseen by the U.S. Citizenship and Immigration Services (USCIS).
- Australia: In Australia, employers are required to conduct right to work checks to ensure that individuals are allowed to work in the country. This involves checking the work rights of prospective employees by verifying their visa status. The Department of Home Affairs provides guidance and information on different visa categories and work entitlements, and employers must ensure that candidates possess the appropriate visa to work legally in Australia.
Please note that right to work checks may change over time due to evolving immigration policies in different countries. It’s essential to refer to the most up-to-date information and relevant government sources to conduct proper and legally compliant checks.
Why is it Crucial for Employers to Conduct Right to Work Checks in Israel?
Employing foreign nationals without valid work visas is a criminal offense in Israel. Failure to conduct proper RTW checks can lead to severe penalties, including fines and possible imprisonment. Adhering to the law ensures a harmonious work environment, avoiding potential legal issues for both employers and employees.
Beyond legal compliance, employers have an ethical duty to support a fair and just labor market. By verifying work eligibility, employers contribute to upholding the rights of domestic and foreign workers alike.
In addition employing individuals without valid work visas can lead to costly consequences, both financially and in terms of reputation. A business found to be non-compliant with RTW regulations may face public scrutiny, loss of credibility, and difficulty attracting future employees and customers.
Kan-Tor & Acco: Verification of Right to Work in Israel
As an employer in Israel, conducting thorough Right to Work checks is not just a legal obligation but a vital step in ensuring a fair and compliant workforce. With the complexities surrounding the work rights of asylum seekers and protection seekers, employers must seek proper legal immigration advice to navigate the regulations accurately.
At Kan-Tor & Acco law firm Labour Department Team, we are committed to providing simple and practical RTW advice to employers, ensuring that they make informed and lawful decisions regarding their workforce. With our expertise and timely assistance, employers can rest assured that they are in full compliance with the law while contributing to a just and thriving labor market in Israel.
