A director who did not prevent immigration offence by a company may be criminally liable

April 20, 2019

A company hired the services of a number of foreign workers without a legal permit and without issuing them insurance as required by law. The State indicted bot the company and the shareholder who was also a director.
The Court found both the company and the director guilty. Officers of a company are obligated to ensure that the company follows the provisions of the legislation regarding hiring foreign workers. In this regard, the term “officer” should be widely contrued, so that even low levels office holders may be held as officers for the purpose of reviewing their criminal liability. Here the directors did not ensure that the company followed the law and was thus also found guilty.