Pages

Sunday, 8 July 2012

Overseas Recruitment: The Basic and Extra Services

Hiring employees from abroad requires accomplishing tasks and processes involving overseas recruitment. Also called migration services by human resources service providers, hiring employees from abroad requires navigating a number laws including labor laws, work visa, immigration laws and other applicable state, federal and local laws.   

This is obviously not an easy task. A number of the processes for overseas recruitment, in fact, are so time-consuming, taxing and complicated that they take up several months of continuous work and follow ups. And not a few of these tasks need to take their due time and can’t be speeded up.

The basic skill needed, of course, is the ability to expertly navigate the laws mentioned earlier in order to protect the protect both the employer and the employee as well as to avoid law suits, penalties, possible government action, and other legal problems.

That’s why for a number of companies – from the small businesses to the larger ones – outsourcing or hiring a service provider for migration services is the practical, cost effective and sensible way to go. Some companies even hire a service provider for their entire HR tasks including talent acquisition or recruitment, handling rewards, health and safety, mergers and acquisitions, and remuneration.

What you should require your service provider is, at the very least, enough expertise and experience to effectively manage migration services.  Experience and expertise mean fewer surprises and mistakes.

The service provider should have visa and immigration expertise and should be able to provide you with a comprehensive migration service solution. And you should get as much flexibility as possible – the services can be customized according to what your company specifically needs; you don’t have to settle for an entire package and can instead choose only the service that you need.    
  
An HR consulting firm can handle the entire overseas hiring process from screening to conducting interviews all the way to the last processes or, if the client prefers,  the consultancy can just handle specific tasks. Service providers can also manage multiple appointments or one-off placements. They typically have recruitment offices or agents in several countries across the globe where testing, screening and verification of skills is done.  A number of these recruitment agents would recommend additional training for the candidates who did not quite make the cut and for those who need just a short course to improve skills and would then be ready for the vacant position.    

Other migration hiring tasks include overseas job advertising, short-listing of candidates, initial briefings, interviews, verifying the work experience and references, selecting candidates, presenting job offers and arranging or coordinating travel arrangements. The other services may be considered extras, depending on what your company considers as priority overseas hiring tasks. Some HR consulting firms also offer assistance to successful candidates by helping them as they settle in. These would include getting tax file numbers for the new employee, setting up bank accounts, obtaining private health cover and relocation assistance.   

Thursday, 14 June 2012

Workplace Law: The Critical Issues


Employees should be familiar with workplace law to remain compliant, protect both employer and employees, to avoid legal problems, fines and possible government action.     

Knowledge of workplace law or employment law helps both parties avoid situations that may be deemed illegal. Situations like these include illegal dismissal or unlawful termination, failure to distribute the pay slip within the required period, asking employees to work without pay, instances that may be seen as forced overtime, to name a few.     

There are also a number of instances that fall under the basic rights of employees in the workplace. So employers should avoid situations that would be interpreted as depriving employees of time off during holidays, not giving the notice of termination in advance, and exceeding the maximum hours in a week that employees can work, among others.   

Issues that fall under union membership rights, on the other hand, include employees having the freedom to join labor unions and to choose if they will participate in strikes or not. Employers, therefore, should not take actions that might be seen as discriminating against employees that joined the labor union or a particular union action.

These are just the tip of the iceberg, so to speak. Employment law covers issues on the actions, rights and responsibilities of the company and its employees, including compensation, benefits, pensions and retirement, employees’ claims for discrimination, standards and safety at the workplace, and unemployment compensation.

Obviously, employment law is a vast and complicated feat that requires expertise, experience and the latest information on the current best practices as well as the prevailing labor laws and other applicable legislation. This task is, as we know, critical. That’s why companies have a team – in house or outsourced – dedicated to handling issues under employment law.

Other issues to manage include disputes and suits that fall under Industrial Relations, particularly union right of entry and good faith bargaining. Also part of handling employment are all the disputes, claims and issues covered by the the Fair Work Act 2009.  

Tasks and issues that are part of the Enterprise Agreement should also be of particular concern. These include preparation of the Enterprise Agreement draft, lodging this particular draft, representing the employer during court or tribunal proceedings, calculating the wages and the like.

Handling discrimination and harassment issues are also among the most critical. As with most, if not all, of these issues, legal advice and representation would be required.  

All issues and processes under hiring and recruitment are also critical. Hiring employees from abroad or handling processes under migration services, onboarding, drafting the contract of employment, preparing the company procedures and policies, employment conditions, and occupational health and safety are just some of the tasks that require skillful navigation.  

Actions and issues involving wage claims – particularly record keeping obligations, reporting and auditing, and legal counsel and representation in cases involving salary claims and related issues under National Employment Standards and applicable industrial instruments – would also benefit from a skillful team of workplace law experts.