Answer 22 - Can an overseas worker refuse to work overtime? Yes, an overseas worker in the UK can generally refuse to work overtime under certain conditions, like UK workers. The right to refuse overtime depends on the terms of their employment contract and UK employment law. Answer 23 - How do we calculate annual leave for overseas workers on short-term contracts? Annual leave for overseas workers on short-term contracts in the UK is calculated in the same way as for UK workers. The calculation is based on the terms and length of the contract and the hours worked and statutory rights. Answer 24 - What should we do if an overseas recruit's English proficiency is lower than expected? Overseas recruits, particularly those coming to the UK on a Skilled Worker visa, are required to demonstrate a sufficient level of English proficiency as part of the visa application process. Here are the key points to consider: - Immediate Action: If you discover that an overseas recruit’s English proficiency is lower than expected after they start working, it’s crucial to take immediate action. - Reporting to the Home Office: If the worker’s English proficiency genuinely does not meet the visa requirements, the employer might need to report this to the Home Office. Answer 25 - What can I do to ensure overseas workers do not overstay their visa? The key to ensuring that your overseas workers do not become overstayers is putting in place people, processes, and systems that manage this risk. We recommend taking the following steps: • Keep copies of your sponsored worker’s passport, visa page, and biometric residence permit – these should be centrally available and easily accessible to anyone in your organisation who may require them. For this reason, we recommend scanning each of these documents and storing them electronically in a secure manner. • Record the expiry date of your sponsored worker’s current visa on your personnel system – a centralised database or personnel management system is ideal for this purpose
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