Employment eligibility verification: Overview, definition, and example
What is employment eligibility verification?
Employment eligibility verification refers to the process by which an employer ensures that a potential employee is legally authorized to work in a given country. This process typically involves the completion and submission of forms, such as the I-9 form in the United States, where the employee provides documentation proving their identity and legal work status. Employers are required to verify the eligibility of employees to work to comply with labor and immigration laws, ensuring that they do not hire individuals who are not authorized to work in the country.
For example, in the U.S., an employer must verify a new employee’s eligibility to work by reviewing documents such as a passport or a permanent resident card within three days of employment.
Why is employment eligibility verification important?
Employment eligibility verification is important because it helps employers comply with local labor and immigration laws and avoid legal penalties or sanctions for hiring unauthorized workers. It ensures that employees have the proper legal documentation to work in the country, protecting both the employer and the employee. For employers, failure to properly verify employment eligibility can result in fines, penalties, or even legal action. For employees, verification ensures that they are working legally and that their employment status is in line with regulatory requirements.
For governments and regulatory bodies, employment eligibility verification helps reduce illegal employment, control immigration, and ensure fair labor practices.
Understanding employment eligibility verification through an example
Imagine a company hiring a new employee in the United States. As part of the hiring process, the employer asks the new employee to complete the I-9 form, which requires the employee to present documents such as a driver’s license and a social security card, or a passport and work visa, to prove their identity and authorization to work. The employer reviews the documents, makes sure everything is in order, and keeps a copy of the I-9 form for their records. This process ensures that the employee is legally eligible to work in the U.S.
In another example, a company may be hiring a foreign national who is in the country on a work visa. The employer verifies the employee's eligibility by requesting the appropriate work authorization documentation and ensures that the employee's visa status allows them to be employed for the position they are applying for.
An example of an employment eligibility verification clause
Here’s how an employment eligibility verification clause might appear in an employment agreement or job offer:
“The Employer shall comply with all applicable employment eligibility verification requirements, including completing Form I-9 and obtaining and retaining proof of the Employee’s legal right to work in the country. The Employee agrees to provide the necessary documentation to verify their employment eligibility upon hiring.”
Conclusion
Employment eligibility verification is a key responsibility for employers, ensuring that only individuals authorized to work are employed. By following proper verification procedures, employers comply with legal requirements, avoid penalties, and help maintain fair employment practices. For employees, verifying eligibility helps ensure that their work status is legally recognized, allowing them to work without concerns about their immigration status or employment rights.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.