Right to work check

What it is

A right to work check is how an employer confirms that a person is legally allowed to work for them in a given country. It normally means looking at identity and immigration documents, or using an official online service, and keeping a record that the check was done.

Many countries have their own version. In the United States, employers complete Form I-9 for each new hire. In the UK, employers must check a person's right to work before employment starts, and the government publishes official guidance on right to work checks. Other countries use residence permits, work permits or national ID systems. This page is general information, not legal advice. Rules vary by country and region, so check local law or talk to an employment lawyer.

Why it matters

In many countries, employing someone who is not allowed to work can lead to fines or other penalties for the company. A proper check, done the same way for every new hire, is often what protects the employer if questions come up later.

It also matters for fairness. Checking everyone the same way, and only after an offer is made, helps avoid treating candidates differently because of their name, accent or nationality.

How it works

The details change by country, but the steps are similar:

• The new hire is told which documents are accepted and when they are needed.
• The employer checks original documents, or uses an approved digital service.
• The employer confirms the documents look genuine and belong to the person.
• A copy or record of the check is stored securely, following employee data privacy rules.
• If permission to work has an end date, a follow up check is scheduled.

Example: A logistics company in the US asks new hires to complete the employee part of Form I-9 by their first day. The employer then reviews their documents within three business days of the start date. Instead of chasing people by email, HR adds both steps to the preboarding software workflow, so every hire gets the same instructions and deadlines.

Best practices

• Check every new hire in the same way, whatever their background.
• Do the check after the offer and before or on the first day, as local rules require.
• Use official government guidance for the list of accepted documents.
• Store records securely and only for as long as the law requires.
• Set reminders for workers whose permission to work expires.

Common mistakes

• Only checking people who "look foreign" or have a non local name.
• Letting someone start work before the check is done when the law says it must come first.
• Keeping document copies in personal inboxes or shared folders.
• Forgetting follow up checks for time limited visas.

FAQ

What is the difference between a right to work check and a background check?

A right to work check confirms that a person is legally allowed to work. A background check looks at things like employment history, education or criminal records. Many employers do both during preboarding, but they follow different rules.

When should a right to work check be done?

It depends on the country. In the UK it must be done before employment starts. In the US, Form I-9 has deadlines tied to the first day of work. Check the official guidance where your employee will work.

Do remote employees need a right to work check?

Yes, in most cases. The check is based on where the person works, not where the company is based, so a remote hire in another country may need that country's process.