10 Checklist items for action when employing migrant workers in the Agriculture Sector
Comply with the terms of the Immigration, Asylum and Nationality Act 2006 to establish country of origin by,
- Asking for, obtaining, and copying appropriate original documents (e.g. Passport, Workers Registration document, identity card, sponsorship certificate, birth certificate).
- Checking, within reason, that the potential employee is the rightful holder of the document.
- If the applicant is an EEA national (Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Lichtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, Republic of Ireland, Spain, Sweden, Switzerland) he/she is fully free to work just as a local work seeker.
- A8 nationals (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovak Republic and Slovenia) should have a Workers Registration document (the worker applies to the Home Office) for the first year of work. (This is voluntary but in the interests of the work seeker for the purpose of qualifying for benefits).
- A2 nationals (Bulgaria and Romania) will need to qualify for a place on the quota for agriculture or food processing.
- ANY other nationals (or A2 nationals other than for point 5 above)
- ID card if arrived after 25/11/08
- Existing work permit if before
- In farming, employment of people in this category is currently suspended (and likely to be so for some time).
- AFTER employing, check the right to work annually especially if employing workers outside EEA and A8.
- If employing through Employment Agencies always check that the Agency is registered with the Gangmasters Licensing Authority. ONLY use registered Agency’s (Gangmasters). (www.gla.gov.uk).
- After employing ensure compliance with the Agricultural Minimum Wage and the other employment rights covered in this website/leaflet.
- Illegally employing workers could mean a £10,000 fine, per worker, AND a custodial prison sentence.
