Sponsoring migrant employees in Australia involves a range of legal and ethical responsibilities that extend beyond the initial approval of sponsorship. Ensuring compliance with these obligations is crucial for both employers and visa holders. This guide elucidates the various obligations associated with sponsoring migrant employees and highlights the essential steps to uphold these commitments.
Sponsorship Obligations Overview
Sponsorship obligations encompass diverse aspects that span the sponsorship term and may continue even after sponsorship approval concludes. The following sections elaborate on these obligations and their implications.
Notification of Changes
As a sponsor, you are required to promptly notify the Department of Home Affairs about certain events. These include changes to your:
Legal and trading names
Registration details
Business structure
Communication contacts
Ownership and key personnel
Business address
You are also obligated to inform the department when your business undergoes significant changes, such as insolvency, bankruptcy, receivership, liquidation, or administration. This requirement aims to maintain transparency and accountability in the sponsorship process.
Monitoring and Reporting Employment Changes
Sponsors are responsible to monitor their sponsored employees' employment situations. If the sponsored employee ceases employment or experiences changes in job duties, it is your responsibility to report these events to the Department of Home Affairs within 28 calendar days. Additionally, if the sponsored employee's employment ends or is expected to end, you must inform the department of the anticipated end date.
Equitable Treatment and Recruitment Practices
Discriminatory recruitment practices based on visa or citizenship status are strictly prohibited. Employers must ensure that sponsored employees are treated on par with equivalent Australian workers. This obligation extends to maintaining equivalent terms and conditions of employment, with the annual earnings of the sponsored employee being consistent with the nominated amount stated in the application. Compliance with this obligation fosters a fair and inclusive work environment.
Comprehensive Record Keeping
Accurate record keeping is essential for demonstrating compliance with sponsorship obligations. Employers must retain records related to various aspects, including employment contracts, travel cost reimbursements, non-monetary benefits, tasks performed, earnings, and more. These records should be kept in a reproducible format and, in some cases, be capable of verification by an independent party. This meticulous record keeping underscores transparency and accountability.
Cooperating with Inspectors
Inspectors appointed under the Migration Act 1958 are authorised to investigate sponsor compliance and related matters. Employers are obligated to cooperate fully with these inspectors, which includes providing access to premises, producing documents, and adhering to requests for information. Failure to cooperate with inspectors constitutes a breach of sponsorship obligations.
Sanctions for Non-Compliance
Non-compliance with sponsorship obligations may result in various sanctions. These sanctions can range from administrative actions such as barring sponsors from further sponsorship to enforceable undertakings requiring rectification and prevention of future breaches, to civil penalties and fines. The severity of sanctions depends on the nature and extent of the non-compliance.
Sponsoring migrant employees involves a suite of responsibilities that extend beyond the initial sponsorship approval. By understanding and adhering to these obligations, employers ensure a transparent, fair, and accountable sponsorship process. As a result, both sponsors and sponsored employees contribute to a harmonious work environment that respects the rights and responsibilities of all parties involved. It is imperative for employers to approach the sponsorship process with diligence and commitment to uphold these obligations for the benefit of the entire workforce and Australia's immigration system.
To discuss further your responsibility as a sponsor, please contact timothy@klintsaris.com and visit us as www.klintsaris.com