Employers are required to verify the identity and employment eligibility of all employees. The Indian Immigration and Enforcement is inspecting companies' employment records in order to make sure that they are complying with employment eligibility verification laws and regulations and are holding employers accountable for their hiring practices. Employers should be aware that very substantial fines can be imposed for failure to properly obtain and have available the appropriate documents regarding employees' eligibility to legally work in the India. Importantly, if the appropriate documentation is not completed properly, fines can be imposed for paperwork violations even if all employees are legally permitted to work in the India.
Employers are also required to maintain certain documentation in a public access file Failure to comply with regulations can lead to the award of payment for back wages and debarment from filing future petitions and applications.
The area of employer compliance is becoming more complex and enforcement, both in the areas of inspections and public access file investigations, is increasing dramatically. In order to effectively deal with these issues and avoid the very severe consequences for non-compliance, employers must take the time to develop a strategy and be prepared in advance with an Immigration Compliance Program that includes training and internal audits.
Riar Legal attorneys have extensive experience in counseling clients on all aspects of employer compliance, from properly completing the forms and providing in-house training to employers regarding compliance issues. We work with employers in developing customized programs in order to promote compliance and reduce the risk of violations and penalties. Riar Legal attorneys are experienced in representing employers in investigations and fines and penalties.
